This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession.
Key Features:
Three new chapters covering AI in the Financial Sector, Bank-Fintech Partnerships and Embedded Payments, and a Comparison of the Regulation of Cryptoasset Activities in Europe and the United States
Examination of potential blockchain and artificial intelligence applications in the financial services industry
Exploration of guidelines on data protection, payments, cybersecurity, central bank digital currencies, anti-money laundering, tokenisation and blockchain
Analysis of the main regulatory and compliance issues surrounding FinTech developments, from patenting challenges to innovative solutions, including regulatory sandboxes
Dissection of the EU's Regulation on Markets in Crypto-assets and DLT Pilot Regime, the US's Executive Order on Ensuring Responsible Development of Digital Assets, the UK's Financial Services and Markets Act
Considering the benefits and risks of new types of financial technologies, this book will prove an invaluable guide for in-house and private lawyers interested in a comprehensive legal overview of the FinTech sector. It will also appeal to students and scholars of financial law, banking, and economics.
By:
Jelena Madir
Imprint: Edward Elgar Publishing Ltd
Country of Publication: United Kingdom
Edition: 3rd edition
Dimensions:
Height: 244mm,
Width: 169mm,
ISBN: 9781035314744
ISBN 10: 1035314746
Series: Elgar Financial Law and Practice series
Pages: 718
Publication Date: 24 May 2024
Audience:
Professional and scholarly
,
College/higher education
,
Undergraduate
,
Primary
Format: Hardback
Publisher's Status: Active
CONTENTS Extended contents vii List of contributors xviii Preface xxix Glossary xxxii 1 Introduction – what is fintech? 1 Jelena Madir PART I PAYMENTS, ALTERNATIVE FINANCING AND CRYPTOASSETS 2 Adapting to a changing payments landscape 24 Ben Regnard-Weinrabe, Nikki Johnstone and Jane Finlayson-Brown 3 Bank-FinTech partnerships: a practitioner’s guide to the evolving policy landscape and key regulatory considerations 75 Jess Cheng, Evis Daum and Mara Alioto 4 Crowdfunding 94 Peter Chapman, Simon Crown and Jade Felber 5 Cryptoassets and initial coin offerings 127 Claude Brown, Romin Dabir, Simon Grieser, Jon Ammons and Hagen Rooke 6 A comparison of the regulation of cryptoasset activities in Europe and the United States 167 Andrea Tinianow and Lewis Cohen 7 Cryptocurrencies and central banks 182 Hubert de Vauplane PART II BLOCKCHAIN AND DISTRIBUTED LEDGERS 8 Blockchain in financial services 216 Colleen Baker and Kevin Werbach 9 Smart contracts 244 Jelena Madir 10 Governing the blockchain: what is the applicable law? 268 Harriet Territt 11 Liabilities associated with distributed ledgers: a comparative analysis 295 Dirk Zetzsche, Ross Buckley, Douglas Arner and Anton Didenko 12 Cybersecurity and blockchain 318 Patricia L. de Miranda and Charles Kerrigan 13 Blockchain and privacy 344 Daniel Cooper and Gemma Nash PART III REGULATION AND COMPLIANCE 14 RegTech and SupTech: the future of compliance 369 John Ho Hee Jung 15 The rise of TechFins: regulatory challenges 397 Dirk Zetzsche, Ross Buckley and Douglas Arner 16 AI in financial services – the legal and regulatory landscape 420 Jennifer Calver, Peter Church, Jonathan Ford and Kim Rust 17 Regulatory sandboxes 460 Byungkwon Lim and Charles Low updated by Gary E. Murphy and Philip Orange 18 Compliance and whistleblowing: how technology will replace, empower and change whistleblowers 486 Kieran Pender, Sofya Cherkasova and Anna Yamaoka-Enkerlin 19 Regulation of robo-advisory services 524 Lee Reiners 20 Patentability of FinTech inventions 554 Mirjana Stankovic PART IV TECHNOLOGICAL INNOVATIONS IN LEGAL SERVICES 21 The innovation process in law firms 576 Sophia Adams-Bhatti 22 Future lawyers: re-imagining legal education 607 Mark Fenwick, Wulf A. Kaal and Erik P. M. Vermeulen
Edited by Jelena Madir, Chief Compliance Officer, European Bank for Reconstruction and Development
Reviews for FinTech: Law and Regulation, 3rd edition
‘The digital transformation of finance is happening in every country, and while the core technology and concepts related to FinTech are standard around the world, the local context from one market to the next can be quite different. Awareness of the different market specific regulations and varied financial practices is essential to understand how law and regulation work around the globe, and to appreciate the challenges and possibilities that FinTech offers, I highly recommend this book, you’ll learn a lot.’ -- Tram Anh Nguyen, CFTE, Centre for Finance, Technology and Entrepreneurship
