In this regular update, we round-up FinTech-related regulatory developments for the week ending 2 July 2021.
Global
FATF report on data pooling, collaborative analytics and data protectionThe Financial Action Task Force (FATF) has published a stocktake of data pooling, collaborative analytics and data protection. FATF explains that data pooling and collaborative analytics can help financial institutions better understand, assess and mitigate money laundering and terrorist financing. The report considers:
|
#DataPooling
#Analytics #AML/CTF |
FATF report on opportunities and challenges of new technologies for AML/CFTThe FATF has published a report on opportunities and challenges of new technologies for AML and CTF. The report highlights the necessary conditions, policies and practices that need to be in place to successfully use these technologies to improve the efficiency and effectiveness of AML/CFT. The report also examines the obstacles that could stand in the way of successful implementation of new technology. [2 Jul 2021] |
#Innovation #AML/CTF |
UK
HMT: Roadmap on a new chapter for financial servicesHMT has published a 'roadmap' entitled 'A new chapter for financial services' which sets out the progress being made and HM Government's (HMG) plans to ensure that the financial services sector remains competitive following the UK's exit from the EU. The policy paper sets out HMG's vision for the financial services sector, shaped by four key themes:
The roadmap was launched by Rishi Sunak, Chancellor of the Exchequer, in his Mansion House speech. |
#UKFinancialServices
#Roadmap #Innovation |
UK and Singapore kickstart negotiations on digital trade agreementThe Department for International Trade (DIT) has announced the launch of negotiation on a new digital economy agreement (DEA) between the UK and Singapore. The agreement, if agreed, would be the first of its kind for a European country, and could remove barriers to digital trade. [28 Jun 2021] |
#DigitalEconomy
#DigitalTradeAgreement |
EU
EBA: Report on RegTech in the EU financial sectorThe European Banking Authority (EBA) has published a report on RegTech in the EU financial sector. The report assesses the overall benefits and challenges faced by financial institutions and RegTech providers in the use of RegTech. It also identifies potential risks arising from RegTech that supervisors will need to address and recommends actions to enhance knowledge and skills in competent authorities. [29 Jun 2021] |
#RegTech |
Australia
ASIC consults on crypto-asset based ETPs and other investment productsASIC has released a consultation paper that seeks feedback on exchange-traded products (ETPs) and other investment products that provide retail investors with exposure to crypto-assets. The proposals set out in the consultation paper seek to establish best practice for market operators and product issuers when dealing with investments that are underpinned by crypto-assets. Further, the proposals aim to align the novel features of crypto-assets with the existing obligations that market operators and product issuers hold under Australian financial services laws. Notably, the proposal looks to the obligations of Responsible Entities under Chapter 5C of the Corporations Act 2001 (Cth), focusing on custody, risk management, disclosure and design and distribution obligations. Public consultation on this issue is being conducted in tandem with stakeholder discussions. Submissions are due by 27 July 2021. [30 Jun 2021] |
#Cryptoassets |
Hong Kong
KMA publishes Regtech Adoption Index 2020The HKMA has published its inaugural Regtech Adoption Index, which aims to create an objective measure of the current level of regtech adoption among banks in Hong Kong and the banks’ preparedness and intent to adopt regtech. The HKMA collected data from 147 authorised institutions via an online survey and conducted 10 in-depth interviews with senior executives from banks and regtech solution providers. The following are some of the key findings:
Three key actions that can be taken by banks today to set the foundation to becoming a leading regtech adopter are:
|
#RegTech |
HKMA Chief Executive delivers speech on HKMA's four actions towards "Regtech 2025"Mr Eddie Yue (Chief Executive of the HKMA) made opening remarks at the HKMA's "Unlocking the Power of Regtech" event on 30 June 2021. As announced in its "Hong Kong Fintech 2025" strategy (see our previous update), the HKMA aims to encourage the application of innovative technology in the banking industry and regtech constitutes an integral and significant part of the promotion of Fintech. Mr Yue set out four actions for the HKMA that are essential for transforming bank attitudes and practices towards "Regtech 2025":
|
#RegTech |
HKMA Deputy Chief Executive delivers speech on benefits of regtech and four key takeaways in overcoming challenges associated with regtech adoptionMr Arthur Yuen (Deputy Chief Executive of the HKMA) made closing remarks at the HKMA's "Unlocking the Power of Regtech" event on 30 June 2021. Mr Yuen reiterated that the HKMA is prioritising the promotion of regtech adoption because it will bring significant benefits to the industry. In particular, regtech enables banks to:
Mr Yuen provided four key takeaways for banks to overcome the challenges associated with regtech adoption:
The HKMA expects the demand for regtech solutions to continue to grow and it will provide more guidance to the industry via the Regtech Adoption Practice Guides, the regtech skills framework, and the regtech knowledge hub. [30 Jun 2021] |
#RegTech |
Singapore
Singapore and UK announce new Financial Partnership, MoU on cyber security cooperationMAS has issued a press release regarding the UK and Singapore launching a new Financial Partnership at the sixth UK-Singapore Financial Dialogue that was held on 30 June. Under the Partnership, the UK and Singapore will explore opportunities for greater financial cooperation, including enhanced information sharing, closer cooperation in international fora, as well as regulatory deference, to drive new and broader opportunities for financial services trade and cooperation. The two countries also announced an Memorandum of Understanding (MoU) to enhance bilateral cyber security cooperation, including the sharing of cyber-related information and supervisory best practices. The Financial Dialogue discussed and agreed on the following areas of joint interest: regulatory cooperation; green finance and carbon markets; and FinTech and stablecoins. The next Financial Dialogue is expected to take place in 2022. [30 Jun 2021] |
#CyberSecurity
#Stablecoins |
MAS keynote – Data and technology for climate actionMAS has published the remarks of Managing Director Mr Ravi Menon at the COP26 Investor Action on Climate Webinar. Mr Menon spoke on issues relating to data, highlighting the role of data as a critical foundation for the green economy architecture the world needs to build. He identified a series of challenges relating to data acquisition, data provenance, data for monitoring commitments, and data for reporting, and noted that technology could be a 'game changer'. [29 Jun 2021] |
#Data
#Innovation #GreenEconomy |
Global CBDC Challenge announcedMAS has announced the launch of a global challenge for retail Central Bank Digital Currency (CBDC) solutions (Global CBDC Challenge). Launched in partnership with the International Monetary Fund (IMF), World Bank, Asian Development Bank, United Nations (UN) Capital Development Fund, UN High Commission for Refugees, UN Development Programme, and the Organisation for Economic Co-operation and Development (OECD), the Global CBDC Challenge seeks innovative retail CBDC solutions to enhance payment efficiencies and promote financial inclusion. FinTech companies, financial institutions and solution providers around the world are invited to submit innovative solutions that can address 12 problem statements centred on three key areas: (i) CBDC Instrument; (ii) CBDC Distribution; and (iii) CBDC infrastructure. Interested parties are encouraged to submit their applications for the Global CBDC Challenge here by 23 July 2021. Finalists will pitch their solutions to a global audience on Demo Day to be held at the Singapore FinTech Festival which will take place from 8 – 12 November 2021. [28 Jun 2021] |
#CBDCs |
Malaysia
BNM receives 29 applications for digital banking licensesThe Bank Negara Malaysia (BNM) has announced that it has received 29 applications for a digital bank licence under the Financial Services Act 2013 and the Islamic Financial Services Act 2013, following a 6-month application period, which ended on 30 June 2021. Up to five licences may be issued and notification of successful applications will be made in the first quarter of 2022. [2 Jul 2021] |
#DigitalBanking |
Thailand
SECT consultation – Digital capital markets and capital market supervisionThe SECT has published for consultation proposed amendments to facilitate digital capital market and increase the efficiency of capital market supervision. Feedback is requested by 23 August 2021. [25 Jun 2021] |
#DigitalCapitalMarkets |
India
RBI: Guidelines for managing risk in outsourcingThe Reserve Bank of India (RBI) has issued guidelines for managing risk in outsourcing of financial services by co-operative banks. The RBI advises co-operative banks to conduct a self-assessment of their existing outsourcing arrangements and bring these into line with the guidelines within a period of six months from the date of issue the circular. [28 Jun 2021] |
#Outsourcing |
Key contacts
Disclaimer
Herbert Smith Freehills LLP has a Formal Law Alliance (FLA) with Singapore law firm Prolegis LLC, which provides clients with access to Singapore law advice from Prolegis. The FLA in the name of Herbert Smith Freehills Prolegis allows the two firms to deliver a complementary and seamless legal service.