European Union has introduced a series of new regulations specifically aimed at regulating digital financial services, such as the Markets in Crypto-Assets Regulation (MiCA), the Digital Operational Resilience Act (DORA), the Instant Payments Regulation or the long-awaited Regulation on artificial intelligence (AI Act). On the other hand, existing financial regulations (AML regulations, Consumer Credit Directive,..) are being amended to take account of new digital products offered by financial institutions (virtual IBANs, buy now pay later solutions,..).
framework applicable to the provision of that service. However, this approach may itself also be a source of legal uncertainty due to the difficulty of applying traditional regulatory requirements to disruptive business models. On the other hand, another challenge for regulators is to identify and monitor new emerging market dynamics, which also requires them to have a deep understanding of the technologies used to deliver innovative services or products. In response to the development of innovation in the markets, regulators themselves are therefore
We advise on all aspects of technology in relation to fintech projects, with particular expertise covering regulations, product development, blockchain, crypto-currencies, platforms, strategic collaboration arrangements and digital transformation. We pride ourselves on having a market-leading global fintech practice with a strong EU and Belgian footprint, which is also recognised as a top-tier law firm in legal directories. 5 Get in touch with Pierre Berger (Pierre. Berger@dlapiper.com) or Nicolas Kalokyris (Nicolas.Kalokyris@dlapiper.com).
» The rise of regtech and suptech has been driven by the significant increase in the availability and granularity of data, as well as by the development of new technologies such as AI and infrastructures such as cloud computing and application programming interfaces (APIs)
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There is also the question of whether using innovative solutions has an impact on regulatory obligations. In this respect, it should be noted that most European financial regulations (MiFID II, PSD II, the AI Act, MiCA,..) are technology-neutral. This means that they will apply equally to regulated financial services, regardless of the type of underlying technology used. This ‘technology-neutral’ approach should ensure that the emergence of new technologies developed to provide a financial service does not affect the need to comply with the regulatory
seeking to develop innovative regulatory strategies to respond to technological developments and to improve their understanding of new fintech activities and their disruptive business models. To this end, several Member States have set up innovation facilitators, including regulatory sandboxes and innovation hubs. Our Financial Services & Fintech team of specialist lawyers is a top-tier firm advising a range of financial institutions, global technology companies and fintech disruptors on their most innovative and strategic fintech projects globally.
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