Digital Finance
Digital Finance
Digital Finance
FINANCE: Area of Economics that analyses investment and financing decisions and the
exchange of funds that these decisions generate.
INVESTMENT: Technology that offers future payments in return of today’s ones. Types
of investments:
- Real Assets: Tangible and intangible goods that, if put to productive use, generate
future wealth.
- Speculative Assets: Unproductive goods whose value changes over time.
- Financial Assets: Contracts that give the right to receive a future payment in
exchange for a payment today.
FINANCING: Obtaining funds to pay for present investments, in exchange
for future payments.
Financial markets: markets where financial assets are issued and exchanged
Consumption allows people to satisfy their wants, but wealth is limited. Each agent
chooses its consumption in each period considering his current wealth, investment
opportunities in real and speculative assets and his financial assets and liabilities.
Decisions in each period affect decisions in subsequent periods.
3-A SPECIAL ASSET: MONEY (CURRENCY, BANK DEPOSITS AND CENTRAL BANK
RESERVES)
Money is a financial asset, only it pays no interest. To be useful money must be:
1. Durable - it needs to last
2. Portable - easy to carry around, convenient, easy to use
3. Divisible – it can be broken down into smaller denominations
4. Hard to counterfeit – it can’t easily be faked or copied
5. Must be generally accepted by a population
6. It must have a relatively stable and liquid value i.e. can hold value over time and can
be bought and sold fast. People will not accept (offer) in an exchange something that
can lose (win) lots of value fast. When money has a stable value it is also used as a unit
of account: providing a common measure of the value of goods and services being
exchanged. Comparability facilitates transactions, investment and economic growth.
Why then fiat money?
- Paper is worth nothing.
- Value of fiat money is in the promise of the issuer to pay.
- The value is backed by states ability to tax and promise not to manipulate.
- (Swizerland vs. Venezuela)
- Lots of manipulation is bad: hyperinflation destroys usefulness of money as store-
of-value (e.g. Weimar and Venezuela) or as a medium of exchange. It contracts
economic activity. But, ¡surprise! Fiat money exits because some “manipulation”
(management, not possible with gold) is good.
Growth rate should follow economic growth to avoid both deflation and inflation.
- Cost of deflation: it discourages investment (e.g. silver mines and fall of the
Roman Empire, great financial crisis). Ø Prevented if central bank prints more
money.
- Cost of inflation: menu costs, inefficient adjustments across industries. Ø
Prevented if central bank reduces supply of money.
Central banks “manipulate” very carefully to balance macroeconomic objectives with
credibility and stability. It is important that they are independent from the
government.
4-TECHNOLOGY AND THE FINANCIAL INDUSTRY: A LOVE STORY THAT MAY END UP IN
DIVORCE
FinTech2. 1967 to 2008. Finance became an industry based upon transmission and
manipulation of digital information.
Introduction of the Automatic Teller Machine (ATM) in 1967 by Barclays Bank marks
the commencement of the transformation from analogue to digital industry (although
calculators, computers, faxes and credit cards are even earlier). Today, the ATM is
often the only point for most consumers at which finance transitions from a purely
digital experience to one that involves a physical commodity (i.e. cash). Financial
services industry single largest purchaser of IT.
Payments are digital: Inter-Computer Bureau established in UK in 1968 (basis of
today’s Bankers’ Automated Clearing Services (BACS)). Interconnected domestic
payments systems across borders through the Society of Worldwide Interbank
Financial Telecommunications (SWIFT) established in 1973.
Trading is digital: Establishment of NASDAQ30 in the US in 1971, transition from
physical trading of securities dating to the late 1600s to today’s fully electronic
securities trading.
Banking services are digital: Online banking development during the 1990’s with direct
banks without physical branches (e.g. ING Direct)
Quotes: “The most important financial innovation that I have seen the past 20 years is
the automatic teller machine, that really helps people and prevents visits to the bank,
and it is a real convenience.” Paul Volcker (former chairman of the US Federal Reserve
(1979-1987), The only thing useful banks have invented in 20 years in the ATM, NEW
YORK POST (Dec. 13, 2009). “One third of Goldman Sachs’ 33,000 staff are engineers –
more than LinkedIn, Twitter or Facebook.” Jonathan Marino, Goldman Sachs is a tech
company, BUSINESS INSIDER AUSTRALIA (Apr. 13, 2015, 04:20 AM).
FinTech3. 2008 onwards. The current change arises not so much from the new
technologies but from the fact that they come together with a change in who is (or is
not) applying these technologies to finance. From supervised financial institutions to
new start-ups and established technology companies that have begun to deliver
financial products and services directly to businesses and the public. Concerns of
policy-makers and industry is not only with technology but with trust and
intermediaries. Technology is changing in five major areas of finance:
(1) Investment: Crowdfunding and P2P lending as an alternative to venture capital,
private equity, private placements, public offerings, listings etc. Also program trading,
high frequency trading and dark pools. Robo-advisory services.
(2) Internal operations and risk management: Automatic systems based upon VaR and
other quantitative techniques to manage risk. Massive IT spending by financial
institutions.
(3) Payments and infrastructure: Internet and mobile communications payments
(specially in developing countries). § Infrastructure for securities trading and
settlement and for OTC derivatives trading.
(4) Data security and monetization: “Big data” can be applied to enhance the efficiency
and availability of financial services. Monetary value of data can be exploited.
Vulnerability to cybercrime for consumers and for the system (after the GFC, clear that
stability of financial system is a national security issue).
(5) Customer interface: Opportunities for products bundling.
Now days: BBVA USA announce an agreement with Google to offer digital accounts in
the USA. Orange Bank get the operating approval from the Spanish National Bank.
Movistar Money provided more than 16.000 loans. Google get the the first licence in
order to be able to compete with the European banks. Thousands of specialized
boutiques are appearing offering a wide range of services. Traditional money is slow,
big and inefficient. Fiscal and monetary policies converge. Mirar pp
Is finance good? Is it helpful to people? YES. Why then is public perception not so
good? Many people think of finance as a zero sum game with no growth
and no wealth creation (e.g. laws against usury, religious views against borrowing,
courts judge derivatives from ex-post perspective). This is incorrect. Finance generates
growth and wealth. This is good. Humanity started off all equal and living in poverty,
and we don't particularly like that. Wealth creation can reduce inequality but it can
also increase inequality or its perception. Deng Xiaoping's famous statement in the late
1970's, when China was adopting modern financial methods. And some people were
getting rich, and someone asked Deng, isn't this inconsistent with our ideology? He
said: “we're all going to get rich, but somebody has to get rich first.”
Moving wealth around (money, financial assets or other assets as real state) requires a
central trusted intermediary (institutions that intermediate trust) that can prevent
double-spending through their signature.
TRUST/DISTRUST -> CETAINTY/UNCERTAINTY -> LESS BRAKES/MORE BRAKES
Common money is worth what is worth because there ́s an authority we trust
(Central banks) that say so. Therefore, trust is a value that can be monetized.
In the past, pacts were made between individuals, then there were intermediary
institutions. Now people trust in this order more in a person like them, the big
corporations and finally the official government regulators.
DPL and Blockchain provide a technological solution that (supposedly) can do away
with these intermediaries and their signature replacing them with competition among
interested non-trusted parties that produces a consensus based on proof of work.
So far they have been used as money (bitcoin) but its promise to extend into corporate
governance, democratic participation, capital markets... (BLOCKCHAIN : A NEW
MEANING FOR “TRUST”).
TECNOLOGY allow us to trust in people we don’t know (Airbnb, blablacar). From
“INSTITUTIONAL” trust (Opaque, closed, centraliced, formal, top-down) to
“DISTRIBUITED” trust (transparent, inclusive, decentraliced, informal, bottom-up).
Blockchain is a big information chain fed massively with in-puts.
- Inalterable: the transactions record is inalterable
- Verifiable: updates must be approved by the majority of connected computers.
- Distributed: each block is delivered in real time to all connected computers
- Decentralized: records are decentralized (each record has a replica in each comp)
- Secure: blocks are encrypted
- Direct technology: communication among computers is direct
Its benefits: boost transaction growth, in a fast way, and more open way (accessible)
Blockchain: registry of assets and transactions (1991: Stuart Haber y W. Scott
Stornetta). Transaction history is stored in blocks of data, secured by cryptography,
and get locked in blocks of data over the time with cryptography as well. Each block
contains hash from the previous block, data and hash block. Hash:
- It’ unique and unrepeatable
- Identifies the block and all its content
- Blocks are sequentially connected (like plugs)
- If something change inside the block, the hash change. Therefore, the block is not
the same anymore: it’s detected by the following block
- The record is replicated in all computers connected to the network
What happens if someone manipulates/tampers the hash? All the following blocks
became invalid became invalid. However, due to nowadays computer capacity you
could eventually recalculate hashes to amend the situation and make the blockchain
valid again. To mitigate this, Blockchain has the “proof-of-work”: Slow down the
creation of new blocks: new blocks are created every 10 minutes · P2P network
(everybody has the full copy of the blockchain). TO TAMPER WITH BLOCKCHAIN YOU’LL
REQUIRE: to tamper with all blocks in the chain, to redo the proof-of-work for each
block, and to take control of more than 50% of peer-to-peer network (impossible)
Bitcoin genesis block: It took 6 days from creating to launching the genesis block (first
block origin of the chain). Many theories about it’s authenticity, but only Nakamoto
could clarify this. Most accepted theory is “The creation of the Genesis block was
properly checked and verified”. BLOCKCHAIN is not an app or a company, is a data
open infrastructure that store assets (history of custodianship, ownership, location,
assets like bitcoin, certificates, contracts, objects, identifiable info…). How Blockchain
lower the uncertainty?
1. Who are we dealing with? -> Identity ratings, profiles, etc for any individual from any
source
2. How is the transaction going (each actor have a different data base)? -> Providing
the same data base for all of them
3. What happens if things go wrong? -> Settling down a kind of escrow (you don t́ pay
until everything is ok)
General applications overview (outside money and finance): ver videos en pp
1. Digital signage
2.“Smart contracts” Codify legal procedures in order to allow its decentralized,
autonomous, execution (Williams 2016).
3. Traceability
4. Marketing: Unify all records of each client (contact, purchase history, search habits,
complaints, etc.), cross promotions among different brands, full track of consumers
behaviour after a marketing campaign, traceability to create value. Example: Facebook
watch. Watch is personalised automatically according viewer behaviour when
watching. Your Watch history is never visible to others on Facebook. What means for
advertisers? To be able to address specific targets in a very cost effective way.
Facebook also planned to create their own cryptocurrency, Facebook’s libra network,
and VISA, Mastercard and others were considering to participate in this network.
5. Healthcare: Unified full medical history a person (yet being anonymous). Traceability
of medicines to verify its origin. Traceability of food to know its sanitary control
process.
6. Internet of Things: Optimizatión of energy consumption in homes and factories
7. Logistic: products tracking across its distribution chain, traceability of products to
verify its origin, follow up each product component.
8. Retail
9. Automotive industry: Full integration of vehicle sensors data. Warning of anticipated
vehicle failures. Build up of a full track record of individual driving.
10. Real estate
11. Taxes: full taxes management in an automatized way. Ongoing follow up of tax
paid destination. Transparency of donations made to a cause.
12. Banking: Currencies exchanges without intermediaries. Creation and use of
decentralized money. International transfers in real time
13. E-Government: Instantaneous and simultaneous access to a distributed database
that stores public records important for all government agencies (Identity
management, Regulatory & Taxation applications, Foreign Aid, Voting systems).
2-BITCOIN HISTORY
2008: Nakamoto described how a network of users could engage in secure peer-to-
peer financial transactions, eliminating the need for financial intermediaries and
reducing the cost of payments. This requires a structure (blockchain) + a
communication protocol. It solves the Byzantine Generals’ Problem (a group of
Byzantine Generals are camped around an enemy city in different locations. If they all
attack simultaneously, then they have superior firepower to their enemy. The problem
is that they need to agree to attack at the same time. The additional complication is
that they can only communicate by sending messages and there may be a traitor
amongst their ranks and may send false messages, Lamport 1982), enabling the
network to achieve consensus without requiring knowledge of users’ identities, or
trust relationships.
2009: creation of bitcoin (many other cryptocurrencies followed).
4-BLOCKCHAIN/DLPS GOVERNANCE
6-APPLICATIONS IN FINANCE
Regulation In the US: The JOBS Act substantially changed a number of laws and
regulations making it easier for companies to both go public and to raise capital
privately and stay private longer. It includes an increase in the number of shareholders
a company must have before becoming a publicly reporting company to 2000
shareholders, and an exception to register publicly with the SEC (Security and
Exchange Commission) if the annual aggregate limit on the amount each person may
invest in offerings of this type is below $2,000 for non-accredited investors. The SEC
also has minimum standards for P2P leading and Crowdfunding, including an annual
income and net worth of at least $70000 or $250000 of equity with no minimum
income for accredited investors.
In Spain: Organic Law 5/2015, of 27 April to promote business financing establishes the
requirements: to be a platform of indebtedness or financing by loan, on the activities
they can do (not be intermediaries, give loans or recommendations), limits of funds
per projects of 200000 fully funded, not worth loans with mortgage guarantee, and the
annual limit is 10000 are for accredited investors (3000 per project).
Trad loan ->P2P Trad investment -> crowdfunding IPOS->ICOS
2-TRADITIONAL LENDING
A debt implies that the beneficiary must make fixed payments including interest and a
claim in case of default. Gale and Hellwig (1985) and Hart and Moore (1998) prove that
the debt contract is the optimal contractual arrangement when it is costly for outsiders
to verify cash-flows. The best would be internal financing, but if external funds are
required, with debt, if it is repaid, there is no need to prove compliance with the FCs,
and if it is not repaid, but it is costly for the lenders. The types of debt are:
Bonds: for companies, fixed income negotiable by investors. Only large public
companies. They can be held by small investors.
Bank loans: companies and individuals. Financial intermediaries: intermediary helps to
borrow money or to invest. Commercial Banks: offers deposits and credits from their
own funds.
Commercial credit line: debts with suppliers
Bank loans are important because intermediaries keep track of before, to avoid
adverse selection, and after to avoid moral hazard. As both are costly, a service
premium is charged. Commercial banks also transform illiquid long-term loans
demanded by borrowers into short-term deposits preferred by lenders (Gurley and
Shaw 1960). To control ex ante, intermediaries reduce the duplication of monitoring
costs caused by asymmetric information, which are worse for small firms more prone
to adverse selection and moral hazard (Holmstrom and Tirole 1997). To control expost,
they reduce duplication of verification costs when verification of cash flows is costly
(Diamond 1984).
In the case of new companies, the lack of information makes financing difficult, which
means resorting to: internal capital, FFF (family, friends, fools), venture capital,
wealthy individuals or venture capital funds. The latter are specialized by sector, are
expert advisors and intervene in the management of the company, provide partial and
staged financing. It is contrary to crowdunding.
5-CROWDFUNDING AS AN ALTERNATIVE
Some say it has the potential to revolutionize small business financing and generate
capital for small, job-creating businesses. However, it is also said that it can become an
efficient online weapon of investor fraud, that the good part of crowdfunding is
coming to an end, and that investors are ignoring those who really know about it.
Asymmetric information in the IPOs market leads to underpricing (on the day of issue
of the shares, the market price rises, this is to attract small investors) and
underperformance (IPO market returns are below the average market returns for a
period of 3 to 5 years after the issue (which usually starts after a honeymoon of 6
months). Insiders take advantage of this to sell shares that will be overvalued. These
asymmetric info problems may be much larger in the case of ICOs....
7-ICOS
7.1. INTRODUCTION
An initial coin offering (ICO) is the cryptocurrency industry's equivalent to an initial
public offering (IPO). In CF and normal financing, a financing contract is made in
exchange for shares, debt or products and services. The difference with ICOs is the
nature of the tokens or crypto-assets that are obtained in exchange for the financing,
and the use of code to make the contract between the buyer and the issuer. ICOs are
at the intersection of crowdfunding and DPL and are a new asset class used to finance
technology start-ups. What are tokens? You pay cryptocurrencies and get these
crypto-assets, with value related with the final success of the user. It is a medium of
exchange that allows future use of services of the proyect and participation in
governing of the future ecosystem. Canusuallybetradedlaterinon-lineplatforms.
Big data consists of the collection, management and analysis at high speed of large
volumes of heterogeneous data generated by users and machines, which we transform
into useful information that helps us make business decisions to solve problems. Large,
complex and growing data sets or combinations of data sets that cannot be handled
with conventional technologies, such as relational databases or conventional statistics
or visualization packages, in the time necessary to be useful. Characteristics (8Vs):
volume, value, veracity, visualization, variety, velocity, viscosity and virality. The
complexity comes from unstructured data, which Big Data combines with structured
data (usually from a relational database) usually taken from an ERP or CRM. The data
comes from millions of transactions that are made every day. Most of it has been
recorded in the last few years and almost all of it is unstructured data. We individuals
contribute to generating that data, as do enterprise customers and their internal
processes. Big data process: 1.- Collection 2.- Storage 3.- Search 4.- Sharing 5.- Analysis
6.- Visualization. Big data source: (Telefonica, VISA, BBVA, insta, Google, FB, Carrefou..)
- Web and social networks: information available on the Internet (web content,
generated by users…)
- Machine-to-Machine (M2M): data generated from communication between
intelligent sensors integrated into everyday objects.
- Transactions: Includes billing records, calls, or transactions between accounts.
- Biometrics: data generated by technology to identify people by means of
recognition Facial, fingerprint or genetic information.
- Generated by people: emails, messaging services or call recording.
- Generated by both public and private organizations: data related to the
environment, government statistics on population and economy, electronic
medical records, etc.
Data tipology: 1st level data (data provided consciously by the user), 2nd level data
(provided unconsciously by the user through web browsing) and 3rd (collected from
user for marketing with consent). Also structured (organizable in rows and colums,
easily ordered and processed, labelled and easily accessible) or unstructured (no
identifiable structure, binary data, massive and disorganized with no value until they
are organized, not in a database)
Big data applications: tourism (using customer data), health care (diagnoses or
treatments almost immediately),administration (maintaining quality and productivity
With tight budgets), world of sports, retail (understand customers, predict trends,
recommend new products and increase profitability), manufacturing companies
(deploy sensors in their products to receive telemetry data) and advertising (target
consumers near stores).
Challenges of a Big Data: we have information from the ETL process, ERPs, CRMs and
additional information from outside the company:
1. Difficulty of integration: because of so many sources (internet mobile data, IoT
data, sectoral data and experimental data), data types and complex structures.
2. Quantity and fast data: the huge volume of data makes running it a time
consuming process. It is difficult to collect, clean, integrate and obtain high-
quality data quickly. It takes a lot of time to transform unstructured types into
structured types and process that data.
3. Huge volatility: data changes quickly and losses value. High processing power is
needed. A bad procedure leads to erroneous conclusion for decision-making
4. No unified data quality standards: in 2011 the ISO published data quality
standards, that need to be mature and refined.
Big Data in the financial services industry: used to define profitable trading strategies,
set exchange rates, creditworthiness (based on rating), selection of investments,
portfolio construction and idiosyncratic and systemic risk and predict trends.
Machine Learning (or ML) refers to the set of algorithms that learn complex patterns
(structure identified may not be representable as a finite set of equations, they figure
out variable dependencies from data) in a high-dimensional space (solutions often
involve a large number of variables and interactions btw them) without being
specifically directed (the algorithm derives structure from the data, searching for
patterns). ML is inside AI. Learn from experience beginning from data.
How is machine learning different from regression analysis? Researchers use
traditional regressions to fit a predefined functional form to a set of variables.
Regressions are extremely useful when we have a high degree of conviction regarding
that functional form and all the interaction effects that bind the variables together.
ML and Big Data: ML techniques are especially adept at analyzing big data. They infer
non-linear relationships and causal effects from data which has a lot of noise
and little information. The biggest misconception is the black box. ML can be
extremely insightful for development of economic and financial theories.
3-APPLICATIONS IN FINANCE
Big Data, AI and ML are useful for tasks people can’t do because of absence of
resources (time, interest, memory…), for games of complete information (problems or
tasks with all information needed). Are financial problems like this? ML is used to
convert data into other data (financial items into ratios), for complex and non-linear
relationships. The three problems of its application in finance are: low signal-to-noise
ratio of financial data (bc of arbitrage forces and non-stationary systems, ML might
confound noise and signal and will always find a pattern even if it is fluke and not
persistent), humans are not inherently good at solving financial problems and complex
(if human use algorithms with black box, they don’t understand and validate the
solution) changing and incomplete information environments. Applications in finance:
1. Quantitative modelling and stock market prediction: Examine the potential of
social media signals for predicting S&P 500 index returns and volatility, identifying
directional sentiment and non-directional disagreement signals. Before market
crashes, there is a period when investors are looking for market information to
buy or sell, which can be used to make profitable trading strategies. It can also be
used to rank photos according to the investor sentiment index, as photo
pessimism predicts market return reversal and increase in trading volume. Finally,
predicting market reversal using online news is not as valid and gives less income.
2. Bankruptcy warning modelling: use data mining methods to design a financial
distress early warning system for small- to medium-sized enterprises. There is no
significant difference between models based on BD analytics and prediction
models. Individual financial outcomes, which seem to be associated with
diversity, loyalty and regularity, are associated with consumption habits
3. Financial fraud modelling: language-based tool that relies on data to identify
important indicators of fraud. It has an initial training period, using a decision-
three, with inputs of fraud firms to rank order list of words that distinguish fraud.
Then, it uses vector order machines to predict the status of financial reports and
assign a truth probability.
4. Auditing: Financial information could be made available in real-time (no quarterly
or annual reports). The role of the auditor changes from providing assurances
about numbers to assurances about real-time systems (choices for data
collection, requirements for display and visualizations, validation of dashboards,
etc)
4-BENEFIS AND DANGERS FOR CUSTOMERS 5-BIG DATA FOR FINANCIAL REGULATION
Benefits:
1. ML can produce cost reductions and efficiencies, consumer get this efficiency in
financial products and welfare increases.
2. Low cost personalized treatment, limiting options for investors, facilitating their
choice and avoiding inaction, offering advice.
Dangers (information asymmetry):
1. Firms can identify our willingness to pay a product or service and charge us close
to our limit price, increasing their profit. Consumer can try to use programs,
software or hardware options to achieve anonimaty (not useful if we want
financial advice or KYC checks) or firms should be forced to disclose the
personalization and offer a “opt out buttom”.
2. Discrimination because of age, gender, religion, etc, which is forbidden by law.
3. Exploitation of human biases in decision making: regulations include use of
“visceral notices” and withdrawal rights with a cooling-off period (rights for one
party to withdraw from certain types of contract within a specified period
(cooling-off period) without having to give reasons for the withdrawal).
FinTech is growing very fast due to the application of new technologies (AI, BD, ML,
DLT, Smart contracts, etc). Current uses are crowdfunding, digital currencies, ICOs,
touchless e-payments solutions and robo-advisors. These innovations increase
efficiency, reducing costs and intermediaries, and save costs allowing regulatory
arbitrage or regulatory avoidance. Financial regulators should be carefull when
introducing regulation (too much vs too little, too soon vs too late). There are other
risks in Fintech such as data protection, control of self-learning algorithms and
protection from cyberattacks or bugs, that have the potential to be systemic risks. The
need of regulation is driving the traditional financial system to become more
technological because of RegTech (use of technology, Its, for regulation), which forces
financial institutions to spend large amounts in technology to be able to comply the
new information requirements. Examples of RegTech include, stress testing based on
machine learning, electronic Know-Your-Customer (KYC) systems which help keep safe
client data and also enhance market integrity, automated compliance monitoring and
reporting with regard to trading limits, and algorithm-based reviews of trading
patterns in listed stocks to ensure compliance with insider dealing laws.
2-WHAT ACTIVITIES TO REGULATE?
Now innovations are being introduced from outside the financial industry, so there are
three actors that regulators should pay attention:
- Traditional financial institutions (central banks, commercial banks, investment
banks…)
- FinTech’s: small companies that identify a new or already existing financial service
that they can do better than incumbents or that they are not doing.
- Tech fins / Big Techs: non-financial firms whose relationship with customers is in a
non-financial services setting. They collect massive amount of data from those
relationships, and then seek to make use of that data in finance by selling it to
financial services providers, by improving their customer and suppliers’
relationship, and by providing financial services directly itself.
The entrance of a Tech Fin into financial services typically comes in three stages: first,
licensing out aggregate data to financial institutions or FinTechs. Second, using the
datasets to guide its own business decisions improving risk management. And third,
moving into offering financial services and start competing with incumbents.
The conversion of these Big Tech into Tech Fins poses important risks: cybersecurity
risks, they can become new SIFIs (Systematically important financial institutions, a
oligopolistic market with too-big-to-fall risk and too-connected-to-fail risk).This risks
financial integrity if Tech Fins remain outside financial regulation and reduce
innovation. Regulators should impose information requirements on technological
firms in all aspects related to data gathering and analytics, but only in these aspects of
their activities (reporting on data gathering, location of its clients and data delivery to
intermediaries). To exempt small businesses, foster innovation and increase
competition, there should be a minimum threshold exemption (too small to care
threshold). In order to prevent systemic risks there should be a maximum threshold
allowance before financial regulation kicks in (Too big to ignore threshold). Once this
threshold is crossed, macroprudential regulation could imply things such as:
diversifying Tech Fin to diversify data sources, structural requirements for Tech Fin,
and empowering regulators to shut down the activity while preserving the data.
This regulation was not implemented specifically for dealing with Fintech but its result
has been used for RegTech in the EU.
- Digital regulatory reporting requirements particularly of AIFMD(Alternative
Investment Fund Managers Directive) and MiFID: Impose significant electronic
reporting requirements, which imply continuous investments in IT to ensure the
sufficient data collection. They have also forced regulators and supervisors to
develop data management systems which can receive and process the volume of
data being generated and delivered by the financial services industry. This has led
to a Reg Tech "revolution" in the European financial services industry.
- General Data Protection Regulation (GDPR): GDPR imposes rules that seek to
protect natural persons in relation to the processing of their personal data. GDPR
is restricted to data processing of personal data in connection with a professional
or commercial activity Natural persons should have control of their own personal
data. Consent requirement must be passed to collect data. This data collected
cannot be stored forever and the person has the right to request the forgotten up
of that data and to data portability. GDPR also imposes the use of a pseudo-
anonymization of personal data. Natural persons have the right to be subject to a
decision by humans where the decision produces legal effects. Controllers of data
are under the obligation to undertake data protection impact assessments. Any
person damaged because infringement of GDPR has a right to be compensated
and EU can impose a fine up to 4% of the total worldwide annual turnover to the
culpable company.
- Open banking regime introduced by the Second Payments Services Directive (PSD
2), particularly combined with the data portability requirements in GDPR:
Mandates that banks have to transfer customer data to third parties when
directed to do so by their customers. PSD 2 thereby allows for “open banking”:
broad competition among incumbent and new participants by forcing incumbent
financial intermediaries to share client data with third parties, including
potentially innovative new competitors. This fosters innovation.
- Pan-European digital identity framework built pursuant to eIDAS (Electronic
IDentification, Authentication and trust Services regulation): Adopted in 2014 to
provide mutually recognized digital identity for cross-border electronic
interactions between European citizens, companies and government institutions.
When an eID is ultimately recognized throughout the EU, an individual will be
able to use it in any member state and enables any EU citizen or entity so
identified to enter into transactions digitally and have the same legal status as
traditional paper-based processes. Use cases include submitting tax declarations,
enrolling in a foreign university, remotely opening a bank account, setting up a
business in another member state, and bidding for tenders