Current role
Elisenda FàbregaGeneral Counsel
When market infrastructure changes, legal analysis comes first.
Elisenda Fàbrega advises on the legal questions shaping tokenized markets, from financial-instrument classification and CASP authorisation to DLT market infrastructure, AI governance and data protection.
For editors and producers
A legal source on the regulatory perimeter of tokenized markets.
For journalists, producers and event teams examining how tokenized financial instruments, crypto-asset services, DLT market infrastructure, AI and personal data are governed within existing legal frameworks.
Invite Elisenda to contributeTokenized financial instruments
Classification comes before infrastructure
How legal classification determines issuance, distribution, transfer, custody, trading and investor-protection requirements, regardless of the technology used.MiCA and CASP authorisation
The activity determines the perimeter
How crypto-asset classification and the services performed determine whether MiCA applies, which CASP permissions are relevant and where MiFID II or another regime governs instead.SEC and U.S. securities developments
Tokenization changes the format, not the starting legal question
How issuer-sponsored and third-party tokenization models create different rights, custody and counterparty structures while federal securities law continues to govern instruments that are securities.AI governance
Authority, oversight and accountability
How role allocation, human oversight, data governance and documented controls shape responsible AI deployment in regulated operations.Data protection
Design the processing before deploying the system
How controllership, purpose limitation, data minimisation, retention and data-subject rights apply when personal data meets distributed ledgers and AI systems.Available for interviews, on-record commentary, background briefings, conference panels and selected teaching engagements.
Check media and speaking availabilityPublished work
Published views, on the record.
Writing and interviews on the MiCA and MiFID II perimeter, smart-contract enforceability, digital consent and U.S. tokenized-securities developments.
The real forces shaping RWA tokenization are financial market participants.
MiCA is not the primary framework for tokenized assets that qualify as financial instruments. Classification, market structure and existing EU financial-services law remain decisive.
Read in Crypto.news Opens in a new tab.In-house experience
Legal judgment, tested inside the business.
From tokenization software and regulated markets to automotive engineering and corporate law, Elisenda has advised where regulation, contracts, data, governance and product decisions must work together.
Advising a tokenization software business on financial-instrument classification, EU crypto-asset regulation, commercial contracts, data protection, product governance and regulatory-perimeter questions.
Contributed to Brickken's legal preparation and participation in the second cohort of the European Blockchain Sandbox, including questions at the intersection of tokenization and EU regulation.
Corporate and technology law
Corporate, transactional, technology and data-protection work before moving in-house.
Selected appearances
Legal questions, examined in public.
Selected panels and moderated discussions on tokenized securities, real-world assets, financial-crime controls, DORA and corporate compliance.
Speaking and teaching
Ideas that grow through practice.
Clear legal positions develop through applied work, teaching and public examination across evolving markets.Watch a selected discussion Opens on YouTube in a new tab.
- Speaker · European Crypto Initiative (EUCI) · WebinarThe European Blockchain Sandbox 2025: Meet the Experts and Participants Opens in a new tab.
- Panelist · RegTech Forum · PanelDecoding DORA's Digital Asset Impact Opens in a new tab.
- Panelist · Il·lustre Col·legi de l'Advocacia de Barcelona (ICAB) · PanelICAB panel: Web3 and Tokenization in the New Digital Economy Opens in a new tab.
Media profile
Elisenda Fàbrega
Elisenda Fàbrega is General Counsel at Brickken, where she advises on the legal and regulatory questions raised by tokenized financial instruments, crypto-asset services, software and emerging technology. Her work spans financial-instrument classification, EU digital-asset regulation, commercial contracting, product governance, data protection and AI governance. She contributed to Brickken's participation in the second cohort of the European Blockchain Sandbox.
Previously, she was Legal Counsel at Applus+ IDIADA and worked in corporate and technology-law practices. She has taught tokenization and digital-market regulation across postgraduate and professional programmes. She holds a law degree and postgraduate training spanning international business, compliance, data protection and taxation, and contributes commentary through legal, financial and technology publications and industry panels.
Media and speaking enquiries
Bring the legal question.
For interviews, commentary, background briefings, teaching and selected panels, include the subject, publication or event, required format and deadline.
Do not include confidential information or requests for individual legal advice.
Public record
The evidence, kept in the open.
The five most recent entries from a source-linked record of published analysis, media commentary, interviews, teaching and speaking.
- Interviews & PodcastsUAE Fintech VibesElisenda Fabrega on Why ADGM and MiCA Are Actually Non ComparableView source : Elisenda Fabrega on Why ADGM and MiCA Are Actually Non Comparable, UAE Fintech Vibes. Opens in a new tab.
Elisenda Fabrega explains how token classification, target markets and operational requirements shape tokenization licensing decisions. The interview compares ADGM with the European framework, distinguishes crypto-assets from tokenized financial instruments, and considers custody, settlement and secondary-market infrastructure.
- Quoted & CoveredFinanceFeedsAI for Market Surveillance in Crypto: Reducing Wash Trading and Manipulation RiskView source : AI for Market Surveillance in Crypto: Reducing Wash Trading and Manipulation Risk, FinanceFeeds. Opens in a new tab.
FinanceFeeds examines how AI can identify linked wallets, unusual trading patterns and coordinated market manipulation, while stressing human review, disclosure, false-positive controls and regulatory accountability. Elisenda Fabrega explains that anomaly detection complements traditional rules by identifying significant departures from normal activity without predefining every abusive pattern.
- Quoted & CoveredNEXTPredictHyperliquid found a path onshore: Could Polymarket.com follow?View source : Hyperliquid found a path onshore: Could Polymarket.com follow?, NEXTPredict. Opens in a new tab.
NEXTPredict examines Hyperliquid’s possible U.S. entry through Payward’s CFTC-licensed subsidiary Bitnomial and asks whether a regulated access layer could offer lessons for Polymarket. Elisenda Fàbrega says regulators will focus on who controls market access, participant screening, authority over key functions and accountability, while the decentralized market infrastructure could remain in place.
- Quoted & CoveredBlockleadersMiCA Is Already Under Review: What Did Europe Get Wrong the First Time?View source : MiCA Is Already Under Review: What Did Europe Get Wrong the First Time?, Blockleaders. Opens in a new tab.
Blockleaders examines the European Commission’s MiCA review through three industry perspectives: Christian Ruz criticizes stablecoin rules and gaps around DeFi and staking; Elisenda Fàbrega calls for proportionate, risk-based compliance and consistent national implementation; and Andrew Gibb highlights unresolved private-law questions involving token ownership, settlement finality, collateral and insolvency.
- Quoted & CoveredABCLa nueva regulación europea convulsiona el universo criptoView source : La nueva regulación europea convulsiona el universo cripto, ABC. Opens in a new tab.
ABC examines how MiCA’s full application is reshaping Europe’s crypto market through Binance’s lack of a valid licence, with Elisenda Fàbrega warning that uneven national authorisation practices could weaken confidence in the EU-wide framework.