Governments and policymakers globally have welcomed the Fintech revolution with open hands because of its numerous benefits and possibilities in the global financial services landscape.
This disruptive innovation is reshaping business models, financial markets, products, and everything that involves money, generally so much that it gets everyone talking about it.
Many trusted Fintech companies, such as Swissmoney, have the potential to provide financial services in a more efficient, convenient, and faster way to everyone, including the historically underserved.
In this piece, we will explore how well governments have adapted to the Fintech revolution by the reason for their regulations for and against it.
What’s the Fintech Revolution?
This is simply the transformation of the financial service system to become more digitalized. The Fintech revolution has the potential to democratize the entire global financial structure.
Online payments, digital banking, and robotic advisers that directly connect borrowers and savers are gradually eliminating the need for financial intermediation. They ensure credit and saving products are readily available and easily accessible to everyone, including common or low-income earners in rural or remote places while promoting entrepreneurial activity.
However, with revolutionary advancements come myriad regulatory complexities and legal considerations that Fintech companies must navigate to ensure their longevity and success in their fast-evolving industry. Legal issues related to Fintech are divided into three. They are:
Money laundering: Governments of different countries take money laundering cases seriously and respond swiftly to them. They do this thinking that Fintech providers could be used to avoid duties. And so, each territory has its local anti-money laundering (AML) laws that guide against such.
Cyber attacks: Fintech startups and traditional banks are the main victims of cybercrime and hackers. However, financial laws are in place to address this situation, some of which will be discussed later.
Data privacy: Consumer protection is one of the main areas of Fintech regulation. Regulatory bodies saddled with the responsibility to protect consumers’ data can sanction any Fintech business that doesn’t follow the laid down rules guiding data privacy.
Regulatory Structure for Fintech Businesses
While you might have picked up on one of the complexities surrounding Fintech companies, it is right to emphasize that there is one single overriding law or regulation guiding Fintech businesses across the globe.
This means that each government designed a legal framework that works for them to guide the Fintech industry’s activities just like others.
However, there is a lot of crossover in the various regulatory bodies, but at first glance, it may look like a tangled web of bureaucracy. To help you get a grip on the landscape, below is a rundown of some key regulatory bodies in the core areas.
US Fintech’s Regulation
Many agencies monitor and investigate Fintech business activities in the US and other key territories. However, only a few will be selected and discussed across these key territories to provide insight into how governments have adapted to the Fintech revolution with respect to regulations.
The Conference of State Bank Supervisors (CSBS)
Though this agency has been around for a while, it is only in recent years that it has been saddled with the responsibility to standardize some of the licensing for Fintech. Having uniform regulatory compliance is necessary for the US because different regulatory bodies exist in different states.
The US Department of Treasury’s Financial Crimes Enforcement Network (FinCEN)
In the US, this agency is primarily set up to handle issues related to money laundering and intelligence collection and analysis. They cover different financial services, such as credit unions, casinos, banks, insurance, etc.
Federal Trade Commission (FTC)
This agency exists to enforce laws related to the prevention of anti-competitive practices and consumer protection.
Regarding Fintech, the FCT monitors and conducts thorough investigations on companies that provide financial services to ensure that they comply with federal laws and regulations and sanction any company that engages in any unfair or deceptive practices.
Fintech Regulations in the UK
Financial Conduct Authority
In the United Kingdom, the FCA remains the major agency saddled with the responsibility to regulate the activities of all financial services and markets across the country. Unlike the US, the UK doesn’t face state-level laws as everything is under the umbrella of the FCA. FCA protects consumers, fights against money laundering, and ensures there’s fair competition between Fintech service providers.
Payment Systems Regulator
This agency is solely responsible for electronic payment all across the UK. They ensure systems work effectively, ensure fair competition between providers, and are fair to consumers.
Prudential Regulation Authority
This agency was established to monitor banking activities and ensure other businesses engage in fair deals. PRA, an integral part of the Bank of England, is majorly concerned with insurers and banks so that Fintech businesses may be scrutinized.
Fintech Regulation in Western Europe
The General Data Protection Regulation
GDPR is the European law that guides data security and privacy. This law is not only applicable to the Fintech businesses but also to any organization holding personal data across the continent.
The New Payment Service Directive
This is an important system that every company seeking to offer financial services must understand if they want to operate legally in the continent.
Not only does it seek to ease and secure the online payments process, but it was also designed to reduce barriers to Fintech companies by giving more chances for new financial innovations and APIs that are struggling to survive under the previous system.
The European Union Directives and Financial Action
This European agency was established to fight cybercrime, which is not limited to money laundering. This agency monitors and investigates the activities of every Fintech in the continent to ensure they comply with all the regulations guiding their business operation.
Conclusion
In conclusion, governments of different territories have received Fintech’s revolution with open arms and have adapted positively but set certain regulations to check cybercrime, money laundering, financial misconduct, and other excesses from Fintech companies.
However, Fintech laws and regulatory technology change depending on the country and nature of the operation. But besides the need to ensure compliance, these regulations are ultimately driven towards the good of everyone – customers and businesses.
They allowed businesses to compete on a fairground, promote tax compliance, and reduce the risk of money laundering. All these are necessary for the growth and success of the Fintech industry.
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