European Parliament’s Committee on Economic and Monetary Affairs Publishes Fintech Report

by Latham & Watkins LLP
Contact

On April 28th, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a report about Fintech and the influence of technology on the future of the financial sector. The report, prepared by Cora van Nieuwenhuizen, was adopted by ECON with 45 votes in its favour (6 against) a few days prior to its publication. Designed to encourage the EU to further support Fintech development, the report is addressed to the European Commission and is expected to be read alongside the Commission’s Consultation Document on Fintech which was published earlier this year.

The report sets out a number of priorities:

  • Defining an EU framework for Fintech: The report calls on the European Commission to present a “comprehensive Action Plan that boosts Fintech in Europe” not dissimilar to those plans developed as part of the Digital Single Market (DSM) or the Capital Markets Union strategies. It does not call for the development of new legislation, but instead for an investigation into those areas where barriers to innovation currently exist. It stresses that the supervisory framework should enable innovation and “level the playing field” for new market entrants by adopting a technology-neutral, risk-based approach with rules that apply equally regardless of the legal entity concerned. Regulators are encouraged to develop sufficient technical expertise in order to adequately scrutinize the new developments in Fintech. The report also emphasises the importance of a “one stop shop” regulator model (not dissimilar to the approach adopted in the General Data Protection Regulation (GDPR) for Fintech service providers and recommends close cooperation between supervisory authorities across the European Union.
  • Data: The report recognises that the legal framework around the use of data is complicated with a number of overlapping pieces of legislation, including the GDPR, the Directive on Network and Information Systems (NISD) and the Second Payment Services Directive (PSD2). It suggests a coherent, technology-neutral approach to the application of these different legal provisions and emphasises the need for a free flow of data within Europe in order to scale up innovative finance technologies. The report encourages the European Commission to call for an investigation into a data sharing strategy that gives consumers control over their personal data. In addition, clear rules on: (i) data ownership, particularly where emerging technologies are involved; and (ii) liability provisions associated with personal data generated through algorithms need to be addressed.
  • Cybersecurity: In light of the increased number of cyberattacks on both large and small companies, the report highlights the need for end-to-end security across the whole financial services network. It notes concerns about new actors in the financial services market with potentially less sophisticated security measures than more traditional financial institutions. New technologies such as the Internet of Things and digital currencies are also highlighted as requiring additional security measures in light of these attacks. The report also calls for the timely transposition of NISD into national law and emphasises the need for a comprehensive regulatory framework with clear standards and best practices for major incident reporting. The European Commission also reiterated this increased focus on cybersecurity in its mid-term review of the DSM in which it stated its intention to review the EU Cybersecurity Strategy and the mandate of the European Union Agency for Network and Information Security.
  • Interoperability: Another issue raised in the report is support for digital interoperability, particularly with respect to the burgeoning “API economy”. It requests special attention be paid to online / e-identification methods which are highly fragmented across the EU and stresses the importance of interoperability between traditional and new payments solutions in order to achieve an integrated European payments market. This message is consistent with the requirements for interoperability set forth in the GDPR and PSD2. The GDPR emphasises the importance of interoperability through its new right of “data portability”, which allows a data subject to receive a copy of its personal data in an interoperable format in order to transfer it to another controller. PSD2 focuses on facilitating interoperability across Europe between account servicing payment service providers and providers of newly-regulated “payment initiation services” and “account information services”.
  • Financial stability and consumer protection: The report calls on the European Commission to pay attention to the needs of retail consumers and investors and any risks to them due to the expansion of Fintech services into areas such as peer-to-peer lending and crowdfunding. It stresses the need for financial stability to be increased in parallel to the development of the Fintech solutions.
  • Blockchain: Blockchain is also addressed as a potential application for cash and securities transfers as well as “smart contracts”. The report calls for the European Commission to organise an annual multi-stakeholder conference on the benefits and risks of unpermissioned blockchain applications and to closely monitor these developments.
  • Financial literacy and IT skills: In light of the increased digitalisation of society, the report calls for the development of a new set of skills resulting from increased technological automation, such as coding. The report encourages the European Commission to address the growing shortage in the labour market of IT professionals. In addition, the report emphasises that the proper financial education of consumers and investors is necessary for Fintech to become a tool of financial inclusion.

The next step is for the full European Parliament to vote on this report during the next plenary session scheduled for 31 May 2017 to 6 June 2017.

On the whole, the report offers an interesting overview of ECON’s priorities and how it envisages Fintech benefitting consumers and the economy generally. The report appears broadly in line with other recent pieces of European legislation – namely the GDPR and PSD2 – with respect to its focus on transparency for consumers, interoperability, technical neutrality and ensuring that the EU remains a competitive, progressive place to do business. It will be interesting to see how this report is received in the plenary sessions of the European Parliament and whether input from the larger group will result in changes to the priorities laid out above.

The report comes amidst a number of other publications by regulators in the last few months about developments in the Fintech space. So far, individual regulators have been launching a number of their own initiatives. For example, last month, the Financial Conduct Authority (FCA) launched a discussion on distributed ledger technology as part of Project Innovate (its project to remove unnecessary barriers to innovation in the financial services sector). This discussion also follows on publications by the US Financial Industry Regulatory Authority (January 2017), the European Securities and Markets Authority (February 2017) and the International Organization of Securities Commissions (February 2017). It will be interesting to see if the regulatory focus on Fintech continues and whether the FCA will continue to lead the way in this regard or if the Brexit negotiations will distract from Fintech as a priority.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Latham & Watkins LLP | Attorney Advertising

Written by:

Latham & Watkins LLP
Contact
more
less

Latham & Watkins LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.