The FCA is considering whether alternative data could introduce new risks to market integrity.
The FCA’s recently published Insight article explores how alternative data might give rise to market abuse risks. The article...more
Call for input: Industry needs to engage as the FCA moves forward on its transformative vision for open finance.
Imagine a world in which you could access your bank accounts, credit cards, mortgage, pensions, savings...more
1/23/2020
/ Banking Sector ,
Capital Requirements ,
Consumer Financial Products ,
Data Protection ,
Data-Sharing ,
Financial Conduct Authority (FCA) ,
FinTech ,
Open Banking ,
Personal Data ,
Popular ,
PSD2 ,
Regulatory Standards ,
Third-Party Service Provider ,
UK
Firms outside of Europe should be aware of planned upcoming changes to how they access European markets.
Key Points:
..The EU legislators have been reviewing various financial services regimes and developing reforms...more
1/14/2020
/ Alternative Investment Fund Managers Directive (AIFMD) ,
Central Counterparties ,
Counterparties ,
Credit Rating Agencies ,
Cross-Border ,
Cross-Border Transactions ,
EMIR ,
EU ,
EU Benchmark Regulation ,
European Commission ,
Financial Services Industry ,
MiFID II ,
Regulatory Reform ,
Third Country Entities (TCEs) ,
UK ,
UK Brexit
New regulatory requirements, including registration and customer disclosure requirements, apply to regulated and unregulated persons carrying on relevant cryptoasset business.
On 20 December 2019, the UK government published...more
1/13/2020
/ Amended Regulation ,
Anti-Money Laundering ,
Banking Sector ,
Compliance ,
Consultation ,
Cross-Border Transactions ,
Cryptoassets ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
HM Treasury ,
Initial Coin Offering (ICOs) ,
Investment Firms ,
Jurisdiction ,
MLD5 ,
Payment Systems ,
Popular ,
Terrorist Financing Regulations ,
UK ,
Working Groups
The EC consults on existing cryptoasset regulatory framework and considers a separate EU framework for cryptoassets outside the current scope.
On 19 December 2019, the European Commission (EC) launched a public...more
Q&As for UK Regulated Firms -
Although the general election result has provided some certainty in relation to what happens next from a Brexit perspective, there are still many outstanding questions. In addition, a large...more
1/7/2020
/ Cross-Border Transactions ,
EU ,
EU Passport ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Member State ,
No-Deal Brexit ,
Onshoring ,
Packaged Retail And Insurance-Based Investment Products (PRIIPS) ,
Prudential Regulation Authority (PRA) ,
Transitional Arrangements ,
UK ,
UK Brexit ,
Withdrawal Agreement
The FCA has published a Consultation Paper that sets out proposed rules for the SMCR for benchmark administrators.
Key Points:
..The SMCR for benchmark administrators (that perform no other regulated activities) will...more
Consultation Paper looks at ways in which issues with the KID requirements could be improved.
Key Points:
- The ESAs are seeking to make adjustments to the PRIIPs KID requirements to address ongoing issues relating to...more
The FCA has set out guidance for firms on how to manage conduct risk arising from the transition away from LIBOR to alternative benchmarks.
Key Points:
..The FCA has set out its expectations for firms, from a conduct...more
Although still actively developing, current UK policy thinking in relation to cryptocurrencies was set out by the UK Cryptoassets Taskforce in its Final Report (the “Taskforce Report”), published in October 2018.
The...more
11/19/2019
/ Banking Sector ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Custody ,
Digital Assets ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Income Taxes ,
Popular ,
Regulatory Requirements ,
Smart Contracts ,
UK
Insights from Latham’s flagship event: Managing the risk and promise of digitisation in financial services.
In a bid to keep pace with rapid advances in cloud adoption across financial services, regulators have published a...more
11/12/2019
/ CLOUD Act ,
Cloud Storage ,
Data Protection Authority ,
EU ,
European Banking Authority (EBA) ,
Financial Services Industry ,
FinTech ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
New Guidance ,
Open Banking ,
Regulatory Agenda ,
Reinsurance
UK Treasury Committee report warns that the current level and frequency of disruption and consumer harm is unacceptable.
On 28 October 2019, the Treasury Committee published a report on IT failures in the financial...more
10/30/2019
/ Banking Sector ,
Corporate Communications ,
Corporate Management ,
Financial Services Industry ,
HM Treasury ,
Information Reports ,
Information Technology ,
Outsourcing ,
Risk Management ,
SMCR ,
UK
Global monetary authorities and financial regulators have responded forcefully to the advent of privately developed global stablecoins.
A new report highlights the risks of global stablecoins and enumerates the legal,...more
European Commission review will inform potential future legislative change.
Key Points:
..The European Commission is seeking views on various aspects of the regime, and asking for feedback on areas in which improvements...more
Consultation provides chance for industry to comment on which elements of the regime are working well and where change is needed.
Key Points:
..ESMA is seeking industry views on various aspects of MAR and whether they...more
10/11/2019
/ Banking Sector ,
Benchmarks ,
Comment Period ,
Competition ,
EU ,
EU Market Abuse Regulation (EU MAR) ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Insider Information ,
New Guidance
The FCA has published the findings from its review into firms’ implementation of the MiFID II research unbundling rules.
Key Points:
..Overall, the FCA found that the rules have produced “positive changes” and have had...more
FCA finalises guidance on cryptoassets and consults on product intervention measures.
FCA guidance on the regulation of cryptoassets -
As previously reported in this blog, the FCA consulted on guidance on cryptoassets...more
8/2/2019
/ Asset Tokens ,
Cryptoassets ,
Derivatives ,
E-Money ,
EU ,
European Economic Area (EEA) ,
Exchange-Traded Products ,
Final Guidance ,
Financial Conduct Authority (FCA) ,
FinTech ,
Market Participants ,
MLD5 ,
Payment Systems ,
Regulatory Standards ,
Securities ,
SMCR ,
UK
The FCA has published final rules confirming amendments to the SMCR, and final rules for solo-regulated firms.
Key Points:
..The FCA has confirmed that the Head of Legal does not require approval as a Senior Manager,...more
The European Commission has set out the elements of MAR that it wishes to consider as part of a planned review.
Key Points:
..The formal review of MAR will consider not only the topics mandated for review by the...more
Latest Dear CEO letter from the regulator includes strong criticism and warns that firms need to improve to meet regulatory expectations.
Key Points:
..FCA supervisory work during the next two years will focus on four...more
4/30/2019
/ Brokers ,
Conflicts of Interest ,
Corporate Governance ,
Dear CEO Letter ,
Executive Compensation ,
Financial Conduct Authority (FCA) ,
Internal Controls ,
Market Abuse ,
Strategic Enforcement Plan ,
UK ,
Wholesale
UK publishes White Paper with hard-hitting regulatory proposals to tackle online harms.
On 8 April 2019, the Home Office and the Department for Culture, Media and Sport (DCMS) published an “Online Harms White Paper”,...more
4/11/2019
/ Child Abuse ,
Civil Liability ,
Corporate Counsel ,
Criminal Liability ,
Duty of Care ,
E-Commerce ,
Enforcement Authority ,
Exploitation ,
Online Platforms ,
Privacy Laws ,
Regulatory Agenda ,
Social Networks ,
Terrorist Threats ,
UK ,
UK Data Protection Act ,
White Papers
Recent and upcoming regulatory guidance on cryptoassets and the regulation of companies engaged in digital currency, such as issuers, crypto-exchanges, crypto-custodians, crypto-brokers, and other service providers, could...more
3/13/2019
/ Banking Sector ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
EU ,
Financial Services Industry ,
Investors ,
Legislative Agendas ,
Payment Processors ,
Private Equity ,
Regulatory Reform ,
UK
The FCA has issued feedback from its review of firms’ costs and charges disclosures under MiFID II.
Key Points:
..The FCA found that, despite firms being aware of the rules and taking compliance seriously, firms are not...more
The FCA outlines how it intends to use its temporary transitional powers in a no-deal scenario.
Key Points:
..The FCA has highlighted areas in which transitional relief will not be granted in a no-deal...more
The PSR will not review the fees and rules set by Visa and Mastercard, but will look at the practice of bundling, and will examine effects on innovation in card-acquiring services.
Following the publication of its Draft...more