The government has announced it will come up with a new code of practice to replace an earlier approach that faced opposition from the creative sectors. By Deborah Kirk and Brett Shandler Latham previously reported on the UK government’s proposal to introduce a new copyright and database exception that allows text and data mining (TDM) … Continue Reading
A proposed broad copyright exception for text and data mining that favours AI developers is unlikely to be welcome news for rightholders. By Deborah Kirk, and Brett Shandler On 28 June 2022, the UK government published its response to its consultation on “Artificial Intelligence and IP: Copyright and Patents”, which commenced in October 2021 (Response). … Continue Reading
Latham lawyers explore the latest insurtech trends and regulatory developments impacting the sector in Europe and Asia. Disruptive technology is revolutionizing insurance, enabling insurers to achieve growth by leveraging big data and creating innovative solutions to enhance customers’ digital experience. We are pleased to launch Insurtech Insights, a series of webcasts to discuss the most … Continue Reading
The French Data Protection Authority’s white paper discusses how companies can comply with data privacy and security obligations. By Christian F. McDermott, Myria Saarinen, Calum Docherty, Charlotte Guerin, Jiou (Alex) Park, and Amy Smyth The use of card, contactless, and innovative digital payment solutions has significantly increased in recent years, fueled by the immediate impacts … Continue Reading
An FCA report evaluates the chequered implementation of technology change and identifies risks and best practices to help firms better navigate this change. By Andrew C. Moyle, Alain Traill, and Jagveen S. Tyndall Of the nearly 1,000 “material incidents” reported to the UK’s Financial Conduct Authority (FCA) in 2019, 17% were caused by change-related activity. … Continue Reading
The HKMA introduces a new data sharing initiative, reported on the central bank digital currency initiative, and outlined regtech plans. By Simon Hawkins, Kieran Donovan, and Kenneth Y.F. Hui The fifth annual Hong Kong Fintech Week conference kicked off with speeches and panels from both Hong Kong and international regulatory representatives, in addition to key … Continue Reading
An ECON draft report on digital finance recommends legislative action in relation to cryptoassets and cyber resilience and a framework for digital onboarding. By Stuart Davis, Sam Maxson, and Anna Lewis-Martinez On 4 June 2020, the European Parliament’s Economic and Monetary Affairs Committee (ECON) published a draft report setting out its recommendations to the European … Continue Reading
The resource aims to help businesses create more resilient supply chains and trusted data by responsibly deploying blockchain technology. By Stuart Davis, Fiona Maclean, Andrew Moyle, Jenny Cieplak, Mitch Rabinowitz and Masha Smith The World Economic Forum has launched a new, first-of-its-kind resource — Redesigning Trust: Blockchain Deployment Toolkit (Toolkit) — to help organizations responsibly … Continue Reading
The FCA is considering whether alternative data could introduce new risks to market integrity. By Rob Moulton, Fiona Maclean, Stuart Davis, and Charlotte Collins The FCA’s recently published Insight article explores how alternative data might give rise to market abuse risks. The article reports a significant increase in spending on alternative data in recent years, … Continue Reading
The US agency has used a no-action letter to enable a sandbox-like approach to blockchain-based trade settlements. By Stephen P. Wink, Cameron R. Kates, Shaun Musuka, and Deric Behar In what may be the first regulator-approved application of blockchain technology for the settlement of US equities trades, the Division of Trading and Markets of the … Continue Reading
The US derivatives regulator continues to foster FinTech adoption and leadership in US markets. By Yvette D. Valdez, Douglas K. Yatter, and Deric Behar The US Commodity Futures Trading Commission (CFTC) has affirmed its commitment to engaging the fast-moving financial technology world by elevating its LabCFTC unit to be an independent operating office within the … Continue Reading
Insights from Latham’s flagship event: Managing the risk and promise of digitisation in financial services. By Fiona Maclean, Stuart Davis, and Alistair Wye In a bid to keep pace with rapid advances in cloud adoption across financial services, regulators have published a raft of new guidance in the past year. Most recently, the European Insurance … Continue Reading
The FSB is reviewing cloud provider concentration risk in the latest example of regulator concern over reliance on leading cloud providers by financial services institutions. By Alan W. Avery, Nicola Higgs, and Fiona Maclean The Financial Stability Board (FSB), an international body of G-20 central banks and supervisors, continues to scrutinize the use of cloud … Continue Reading
In line with its previous guidance, FINRA has granted broker-dealer (but not custodian) status to a digital asset platform. By Stephen P. Wink, Cameron R. Kates, Shaun Musuka, and Deric Behar In a follow-up to the July 2019 SEC and FINRA joint staff statement (Joint Statement) clarifying the regulators’ position on the custody of digital … Continue Reading
US lawmakers urge FSOC to designate cloud-based storage systems used by major banks as systemically important financial market utilities. By Alan W. Avery, Victoria McGrath, and Pia Naib In an August 22, 2019, letter addressed to Treasury Secretary Steven Mnuchin, in his capacity as chair of the Financial Stability Oversight Council (FSOC), Congresswoman Katie Porter … Continue Reading
If adopted efficiently, the PCPD’s Ethical Accountability Framework should help organizations to demonstrate and enhance trust with individuals. By Kieran Donovan In October, 2018, Hong Kong’s Privacy Commissioner for Personal Data (PCPD) presented the findings of an inquiry into the ethics of data processing, commissioned by the PCPD with the help of the Information Accountability … Continue Reading
By Andrew C. Moyle, Grace Erskine, and Charlotte Collins As leading global financial and FinTech centres, the UK and Singapore will benefit from strengthening their cybersecurity alliance. On 13 June 2019, the Bank of England, the Financial Conduct Authority, and the Monetary Authority of Singapore announced that they will be working together to strengthen cybersecurity … Continue Reading
As several PSD2 deadlines approach, PSPs must comply with reporting and notification requirements, as well as with their GDPR obligations. By Christian F. McDermott, Fiona M. Maclean, and Jagveen Tyndall Though the majority of the provisions relating to the revised EU Payment Services Directive (PSD2) came into force in the UK on 13 January 2018, … Continue Reading
The SFC’s guidance provides helpful clarity amidst growing interest in security token offerings. By Simon Hawkins and Kenneth Hui On 28 March 2019, the Hong Kong Securities and Futures Commission (SFC) issued a policy statement on security token offerings (STOs) summarizing the legal and regulatory requirements applicable to parties engaging in STOs. This guidance follows … Continue Reading
FCA Chair hints that new regulation addressing data ethics in the FinTech space may be on the horizon. By Nicola Higgs, Fiona Maclean and Terese Saplys Will societies of the future be ruled by algocracy, in which algorithms decide how humans are governed? Charles Randell, Chair of the Financial Conduct Authority (FCA) and Payment Systems … Continue Reading
By Andrew Moyle and Stuart Davis The UK government’s 2017 Autumn Budget included some measures of particular interest for fintech firms, demonstrating the government’s continued commitment to making the UK a world-leading fintech hub. The government has provided only scant detail on these measures at present, but no doubt firms will be watching closely to … Continue Reading
