Protocol Berg v2

Not your vote, not your lawyer: Delegation and the Legal Challenges
2025-06-12 , 9 - Workshop

We will explore the dynamic intersection of delegation and DAOs, concepts driving the future of decentralized governance. Delegation enables more efficient decision-making and distribution of power within DAOs but comes with its risks and challenges both from the delegate and delegator sides.

We will dive into how delegation structures work in DAOs and the challenges they pose to traditional hierarchical models from a legal perspective, examining possible legal risks in governance delegation and how to mitigate them.

We'll look at real-world examples of successful DAOs and how they leverage delegation to foster innovation, transparency, and collaboration in the decentralized ecosystem, analyzing the particular role of delegates in these ecosystems, and legal measures taken by those ecosystems.


In this workshop, we will explore the evolving role of delegations in Decentralized Autonomous Organizations (DAOs), and how they are reshaping governance, organizational structures, and decision-making in the digital age. As decentralized technologies gain traction, DAOs present a revolutionary model for organizational management, offering transparency, inclusivity, and direct participation in decision-making. At the heart of many successful DAOs lies the concept of delegation — the process by which token holders or members assign their voting power to trusted representatives or delegates to act on their behalf in governance decisions.

We will begin by introducing the core principles of DAOs: how they operate autonomously using smart contracts and blockchain technology, and how they empower individuals to collectively make decisions without centralized control. Delegation is key in this model, enabling DAOs to balance participation and efficiency, allowing members to delegate authority to experts or trusted representatives, and ensuring that decision-making is informed and agile.

The workshop will also highlight the benefits of delegation in DAOs, such as improving governance scalability, fostering accountability, and enhancing decision-making speed. By discussing real-world examples of DAOs, and, we’ll demonstrate how delegation works in practice and how it can support complex decentralized ecosystems. These case studies will illustrate how delegation enables specialized knowledge, streamlines decision-making processes, and supports a more dynamic and responsive governance system.

However, the growth of DAOs and the delegation model is not without its challenges. We will explore several critical legal aspects and obstacles facing DAOs today, including:

Legal Recognition and Regulatory Compliance: DAOs exist in a legal gray area in many jurisdictions. The lack of clear legal frameworks for DAOs poses challenges around their recognition as legal entities, raising questions about liability, contracts, and enforceability. We will discuss how different jurisdictions are approaching the regulation of DAOs and the implications for governance and delegation.

Delegation and Accountability: While delegation can streamline governance, it also introduces potential risks such as centralization of power if too much decision-making authority is concentrated in the hands of a few delegates. This can create a disconnect between the broader community and the decision-making process. We will explore mechanisms to ensure accountability, such as transparent voting, regular audits, and incentive alignment to maintain trust in the system.

Jurisdictional Issues and Cross-Border Governance: DAOs often operate across multiple countries and legal systems, making it difficult to apply uniform rules and resolve disputes. Delegates in DAOs may be subject to different national laws, which could complicate the enforcement of DAO decisions, particularly in areas like taxation or intellectual property.

Security and Smart Contract Vulnerabilities: Delegation within DAOs is often governed by smart contracts, which are not immune to bugs or vulnerabilities. We will discuss the security risks associated with smart contracts and how DAOs can protect themselves through audits, insurance mechanisms, and governance improvements.

Throughout the workshop, we will propose potential solutions and best practices to address these challenges, from advocating for clearer legal frameworks to suggesting new governance models that incorporate checks and balances.

By the end of this session, participants will have a comprehensive understanding of the intersection between delegation, DAOs, and legal frameworks, as well as the governance opportunities and challenges facing these organizations. Attendees will gain insight into the future of decentralized governance, how it can be scaled responsibly, and how the legal landscape may evolve to support or hinder the growth of DAOs in the coming years.

panamanian corporate lawyer & governance experimenter

Lawyer in the DeFi space, researcher at BlockchainGov