BRUSSELS, May 2019 – To provide ideas and recommendations to policymakers, regulators and experts on the role of banks in the European Union for the next five years and beyond the European Banking Federation has published a manifesto that outlines the main regulatory priorities for the banking sector in the context of the upcoming 2019-2024 legislative policy cycle.
As the voice of European Banks, the EBF and its members remain fully committed to supporting a more competitive and cohesive EU in the context of Europe’s great diversity. We believe that without a united and coordinated Europe, the most likely outcome would be more fragmentation, more protectionism and therefore underperforming economies to the detriment of citizens. The EBF is committed to help in supporting European economies so that European businesses and citizens are better served by banks. We have set out in this document the sector’s recommendations to address the key challenges Europe is currently facing.
Key recommendations:
To read the full document click on the link below or on the image above.
For more information:
Olivier Thomas, Public Affairs Representative
o.thomas@ebf.eu
+32 2 508 3712
Media contact:
Raymond Frenken, Head of Communications
r.frenken@ebf.eu
+32 2 508 3732
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
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The post Boosting Europe – EBF recommendations for the EU 2019-2024 legislative cycle and beyond – manifesto appeared first on EBF.
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Dear Minister Giorgiades, dear Michael, dear George, ladies and gentlemen,
Let me start by thanking the Association of Cyprus Banks for inviting me to participate today. As the first meeting of its kind since the 2012 financial crisis in this part of Europe this event marks a truly important moment for the banking sector in Cyprus.
This meeting reflects the significant progress that has been made in recent years. You have worked closely with the European Commission and the IMF to bring your crisis under control. The levels of Non-Performing Loans in Cyprus are declining consistently. That is a fact that cannot be denied. Close cooperation with EU-level bank supervisors is paying off, as is your introduction of codes of conduct that govern the interactions between banks and indebted customers, which makes it possible to set priorities and facilitate the triage of customers.
The commitment of the authorities and the Cypriot people to the overall programme agreements has also been essential to a fiscal performance that exceeds expectations. The European Union has recognized these positive developments and they have been instrumental for regaining investor confidence in the Cypriot economy.
For us in Brussels, the case of Cyprus also is another example that clearly demonstrates the value of European cooperation.
As your European partners, we at the European Banking Federation — with members in 32 countries representing about 4.500 banks – are committed to working together with you so that our sector can continue to serve businesses and households to the best of their ability in an increasingly international and European environment.
The challenges that both of us, you and me, are facing are not unique. They are not only found in the area of regulation and supervision, but also in financing the economy, the businesses and households that I talk about. We are a truly bank-financed economy.
Some 80 percent of company financing in Europe comes from bank loans, supporting new investments and growth of millions of companies. In the face of a difficult decade for the global economy, the European banking sector has proven to be strong and resilient; loans to non-financial companies exceeded €10 trillion last year and show a positive trend.
And it is not just about loans. It is for managing risks through complex products. For supporting corporate restructuring or for helping clients access capital markets. Banks are there to help Europe’s companies every step of the way. In fact, given the diverse needs of business clients, capital markets and bank lending complement each other fully.
Hence our support for the EU’s project of the Capital Markets Union, aspiring to boost capital markets as a reliable source of corporate finance. Increasing the diversity of financing can contribute to greater growth and can improve the resilience of the financial sector by ultimately ‘growing the pie’.
We all know that banking in the 21st century requires a new approach. To shape the future we are looking ahead. Our aim is to provide tailored, dynamic funding possibilities that bring together the traditional advantages of client and market knowledge with new digital solutions that make risk management more accurate and that allow clients to interact virtually.
Digital banking is more than a challenge. It provides many new opportunities in our sector. Financial technology, or ‘FinTech’, is rapidly changing the way that our clients interact with financial services. There is no denying that financial technology is the DNA of our industry. Banks actively embrace FinTech to serve clients with new products and services, and it’s great to see how fresh competition helps us keep our focus.
If we as Europeans really want to play a role in FinTech globally we need to create room for innovative financial services in a flourishing Digital Single Market. Just last week, the European Commission closed its consultation on financial technology. The response of the EBF emphasised our desire to create a customer-centric and inclusive ecosystem in which all actors, ranging from small start-ups to established multinational banks, are committed to serving clients with innovative financial services.
First and foremost, we ask EU policy-makers to let themselves be guided by the interests of end-users – clients and consumers. Financial technology has the potential of making financial services more attractive and more accessible. Europe’s policy approach needs to encourage trust in FinTech services.
A forward-looking approach to EU policy needs to ensure that data protection and trust in financial services remain adequate. Customers expect banks to protect their personal data. Data protection is at the core of trust in financial institutions. The banking industry has been among the top investors in IT services for a long time, keeping systems up to date while maintaining high standards for cybersecurity.
And to create a European FinTech ecosystem in which both newcomers as well as established businesses can flourish we need a properly balanced approach when it comes to regulation and supervision of financial technology in the EU’s digital single market.
At the EBF we describe this approach as one for ‘Same services. Same risks. Same rules. Same supervision.’ This would ensure high standards for consumer protection, market integrity and financial stability in a level playing field that supports fair competition and innovation.
The EU also needs to leave room for partnerships. Our industry is committed to FinTech partnerships and in many cases banks already actively work closely with newcomers. Potential regulatory obstacles to such partnerships should be prevented and if necessary eliminated.
A very specific point we are making in financial technology is the treatment of investments in software by banks. The EU needs to update prudential requirements for investments in software by banks if it wants Europe to remain competitive in the global FinTech market. At present, software of EU banks is treated as an intangible asset. This means banks have to deduct their software investment from their key capital ratio when calculating capital requirements.
Software however is a strategic asset for European banks, enabling them to serve clients where and when needed, to develop cyber security measures, and to deliver digital services competitively. The current prudential treatment is a significant disincentive for investments in innovation. It also distorts the global playing field, particularly when compared to the U.S., where software investments can be treated as tangible assets that do not have to be deducted from a bank’s capital ratio.
One more final point on the digitalisation of finance: it significantly increases the importance of financial education programmes and for raising financial literacy levels. On that note I am pleased to see that the ACB is an active participant in European Money Week, which next year, in March, will celebrate its fourth edition.
When it comes to financial education we are not just talking about 15-year olds. Investors, creditors and retail customers will need to be continuously educated on the possible consequences of bank resolution and bail-in. It is key for market participants to understand that, while resolution aims to hold them accountable for losses in a bank resolution, no creditor shall be worse off than in a liquidation. The objective of a bank resolution is to preserve value and continuity of access.
Before I conclude let me also address one of the most important aspects of the work of the EBF over the last decade: banking regulation in the age of Banking Union. At present, almost ten years after the 2008 financial crisis, the European Union is undergoing a comprehensive review of the Banking Reform Package.
The package seeks to address what the Commission calls ‘some outstanding elements’, elements important for the resilience of banks that were only recently finalized by global standard setters such as the Basel Committee on Banking Supervision and the Financial Stability Board. These discussions in particular address MREL, or the minimum requirement for own funds and eligible liabilities, and TLAC, the new minimum requirement for a bank’s total loss-absorbing capacity.
As European Banking Federation we support TLAC for Globally Systemic Banks and MREL for all other banks in Europe. Ensuring banks have sufficient well qualified bail-in-able liabilities is essential to ensure resolution works in practice and that there is no recourse to public funds or even bail-in of uninsured deposits.
Policy makers and resolution authorities should take care not to go beyond the globally agreed framework. Especially since Europe already applies minimum bail-in requirements to all banks. Excessive requirements may further endanger the profitability of banks. That would be counterproductive for financial stability.
Thus, for G-SIBs, any add-ons to TLAC should only be allowed where they are material impediments to resolvability. Similarly, with regard to setting MREL, which is set on individual basis per bank, authorities should take into account the resolution strategy and funding model when they determine the amount needed for recapitalisation.
A resolved bank will likely have a smaller footprint from its original balance sheet and will require less capital buffers to command market confidence after resolution. Also, and I know that this is particularly important for Cypriot banks, a bank funded predominantly by deposits should not be forced to seek expensive funding, especially if it only has limited access to capital markets.
Meeting the MREL requirement by means of debt instruments would penalise the business model of such banks without enhancing significantly their loss absorbing capacity.
Meanwhile additional measures for capital requirements are being lined up at the global level. We are anxiously awaiting the finalisation of Basel4. Last week’s meeting in Sweden of the Basel Committee made clear that their negotiations are still deadlocked, and that it may take months at least before an agreement could be possible.
I sincerely hope that the EU Member States – finance ministers and central bankers – will remain united in their approach towards the Basel Committee.
The views of the banking sector are clear. We do not share the enthusiasm for output floors. The floors curb the potential of bank funding and risks leading to higher costs for loans, mortgages in particular.
Introducing an output floor also threatens to water down the work of European bank supervisors. The Basel Committee should consider the significant changes in European bank supervision from recent years. The European Banking Authority and the European Central Bank now play a lead role and closely supervise the internal models that Basel wants to address. The European Commission should stick to the EU plan and support the technical work underway by the EBA and the SSM.
So, when considering the global discussions, we all need to recognise the improvements made in the EU with recovery and resolution planning and enhanced supervision, as well as the big leap made in raising the quality and quantity of capital and liquidity. The focus now should be on getting banks to lend and finance the economy.
Now let me close.
As former US president Lyndon B. Johnsson said in the 1960s: “Yesterday is not ours to recover, but tomorrow is ours to win or lose.”
Next year here in Cyprus you will mark the tenth anniversary for your adoption of the euro. It will mark a moment to celebrate what has been achieved, to celebrate the benefits of being a full member of the Eurozone and of the European family.
Yesterday can be remembered, but what is most important for us as banking sector, is to learn and look at the future, and embrace this tomorrow with a desire to win, not on behalf of our banks and our country, but on behalf of the people who are our clients.
The clients – households and businesses, big and small – are the ones that guide the main question in our industry: How can we give them the best opportunity to thrive and to prosper?
If we as banks continue to focus on the needs of our clients, then tomorrow can only be ours to win.
I thank you for your attention.
Media contact:
Raymond Frenken, Head of Communications, +32 496 52 59 47, r.frenken@ebf.eu
About the EBF:
The European Banking Federation is the voice of the European banking sector, uniting 32 national banking associations in Europe that together represent some 4,500 banks – large and small, wholesale and retail, local and international – employing about 2.1 million people.EBF members represent banks that make available loans to the European economy in excess of €20 trillion and that securely handle more than 400 million payment transactions per day. Launched in 1960, the EBF is committed to creating a single market for financial services in the European Union and to supporting policies that foster economic growth.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
The post “Tomorrow is ours to win” – Wim Mijs speaks at ACB appeared first on EBF.
]]>We understand that the Article 29 Data Protection Working Party (WP29) intends to recommend a risk-based approach, but this can be clarified and strengthened in the guidelines.
A DPIA is intended to produce protection and privacy-friendly solutions where a data processing is likely to result in a high risk. If, however, a bank is subject by law to certain data processing requirements (e.g. monitoring payments to combat money laundering and fraud, processing employee data to comply with statutory tax and social security provisions), the legislator has already decided that such processing is legitimate. The bank has no discretion as to whether it performs the processing called for by the legislator or not.
The Guidelines provide a very large scope of criteria (listed on page 7-9) which are not adapted to the banking practice. An application of the current Guidelines would mean that each processing of financial data on a large scale would be considered as “likely to result in a high risk” under Article 35 (3). This will require banks to conduct a DPIA for most of their day-to-day operations/activities which would be disproportionate to the low risk of most bank data processing. Most routine data processing by banks is highly regulated, well controlled and well understood, and will not pose a high risk to data subjects.
While it is, in principle, helpful to provide examples of cases in which a DPIA should be conducted, an obligation to carry out a DPIA should not automatically be inferred from these examples. Instead, the “high risk to the rights and freedoms of natural persons” threshold should be the deciding factor to conduct DPIA. The ‘criteria’ for high risk should be reframed as ‘factors’ for controllers to consider when determining high risk. Factors that suggest that processing is ‘low risk’ should also be added and should include in particular the presence of other relevant regulation that protects data subjects.
The Guidelines in many ways will be of help for the companies in their work with Data Protection Authorities. However, we observe that certain provisions go beyond the General Data Protection Regulation (GDPR). Helping interpretation of the text is useful, but seemingly, expanding the requirement to carry out a DPIA beyond the provisions of the GDPR should be avoided. This would pose unmanageable challenges to companies and also be at odds with the risk-based approach of targeted use of limited resources for particularly important cases (“be selective, be effective”).
The Guidelines strongly recommend to carry out DPIAs for processing operations already underway prior to the entry into force of the GDPR. It seems rather burdensome to expect organisations to assess all of their existing processing operations as if they were already subject to DPIA. The Guidelines should be aligned with the scope defined by the Level 1 GDPR text, and not go beyond.
We propose to omit such a recommendation in view of the fact that the requirements for the future are already very challenging.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
The post Data Protection Impact Assessment: EBF comments on Article 29 Working Party guidelines appeared first on EBF.
]]>BRUSSELS, 14 June 2017 – Responding to the EU consultation on financial technology, also known as FinTech, the European Banking Federation is submitting a response which underlines its desire to see the creation of a customer-centric and inclusive ecosystem in which all actors, ranging from small start-ups to established multinational banks, are committed to serving clients with innovative financial services.
The EBF applauds the European Commission for initiating this consultation and for creating its FinTech taskforce. The taskforce serves not only a bridge between policy makers and the industry but also as an essential horizontal connection between policy makers in financial regulation and the digital agenda in the EU.
Says Wim Mijs, Chief Executive Officer of the EBF:
“There is no denying that financial technology is the DNA of our industry. Banks actively embrace FinTech to serve clients with new products and services, and it’s great to see how fresh competition helps us keep our focus. If we as Europeans really want to play a role in FinTech globally we need to create room for innovative financial services in a flourishing Digital Single Market. As I’ve said before: we need action at an overclock speed please. This consultation marks a key moment. It’s now time to overclock Europe.”
In its response to the EU consultation, the EBF emphasises the following:
Media contact:
Raymond Frenken, Head of Communications, +32 2 508 37 32, r.frenken@ebf.eu
Nahuel Mercedes, Communications Officer, +32 2 508 37 48, n.mercedes@ebf.eu
About the EBF:
The European Banking Federation is the voice of the European banking sector, uniting 32 national banking associations in Europe that together represent some 4,500 banks – large and small, wholesale and retail, local and international – employing about 2.1 million people. EBF members represent banks that make available loans to the European economy in excess of €20 trillion and that securely handle more than 400 million payment transactions per day. Launched in 1960, the EBF is committed to creating a single market for financial services in the European Union and to supporting policies that foster economic growth.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
2 June 2017: Banks support ecosystem of interoperable APIs in EU: EBF underlines importance of privacy and security under PSD2
23 May 2017: Data Protection Impact Assessment: EBF comments on Article 29 Working Party guidelines
16 May 2017: EBF asks Commission to support ban on screen scraping
10 May 2017: Digital Single Market: EBF supports innovative, competitive strategy giving confidence for consumers and businesses
26 April 2017: EBF Key messages on European Commission’s Consultation on Building the European Data Economy
14 November 2016: Innovate. Collaborate. Deploy: the EBF vision for banking in the Digital Single Market
The post EU FinTech consultation: put needs of end-users first appeared first on EBF.
]]>On 26 September the pre-conference of the European FinTech Awards took place in the European Parliament, hosted by MEP and FinTech rapporteur Cora van Nieuwenhuizen. Addressing the room full of FinTech entrepreneurs, Mrs. van Nieuwenhuizen shared her motivation to take the individual initiative to report on financial technology and reminded everyone that the financial industry is better off looking to the future instead of the past.
EBF CEO Wim Mijs, also a judge deciding on the Top 100 European FinTech firms, outlined the current state of FinTech in Europe and the role that banks are currently fulfilling. It became clear that Europe on itself has a unique ecosystem with lots of talent and potential. Nevertheless, the need for smart regulation remains a prominent topic on the agenda for financial technology providers.
EBF CEO Wim Mijs was asked to give his perspective on the thriving use of financial technology in Europe.
“Banks got a kick at the right moment and are moving in the right direction” @Wim_Mijs at the #FinTechEU Awards pre-conference pic.twitter.com/Vso4ya8MMS
— Nahuel Mercedes M. (@nahunicolai) September 26, 2017
EBF at the European FinTech Awards 2017 pre-conference in the @Europarl_EN: telling the story of #FinTechEU to a room full of innovators! pic.twitter.com/GeFDCLDEHN
— Nahuel Mercedes M. (@nahunicolai) September 26, 2017
Wim Mijs @EBFeu sharing his insights about collaboration between all actors in the #fintech space @bhive_eu @FinTechNL #EFTA17 #wakeupcall pic.twitter.com/XtkKlhu8FG
— Fabian Vandenreydt (@FVandenreydt) September 26, 2017
“The dinosaur standing in the way of #finserv & the customer is a complex regulatory environment” @Wim_Mijs at #FintechEU Awards pre-conf. pic.twitter.com/EIEHSvmfgK
— Nahuel Mercedes M. (@nahunicolai) September 26, 2017
Tomorrow European #FinTech Awards & Conference! Discover amazing speaker lineup & pitches and get tickets: https://t.co/JPK46t9tda #EFTA17 pic.twitter.com/H463weP92e
— EU FinTech Community (@FinTechNL) September 26, 2017
Follow the European Fintech Awards on Twitter: Click here.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
The post EBF partners with European FinTech Awards appeared first on EBF.
]]>EBF PRESS RELEASE
BRUSSELS, 31 October 2017 – Survey results released today by the European Banking Federation shows that European banks as of end 2016 had invested more than €18 billion in software, despite being forced to accept prudential rules that require software investments to be treated as costs instead of an investment.
The survey, conducted to bring clarity on the size of these investments, shows that European banks had invested more than 18.2 billion euro in software as of 2016. The EBF survey was conducted voluntarily and is based on a sample of 108 banks of different sizes with different business models in 12 European countries.
Software has become a core asset in bank business models and banks are recognized as significant investors in software and information technology. Some projections in recent years placed the total IT investments by European banks well above €50 billion per year, a significant part of which was invested in software.
The current regulatory capital framework for credit institutions in the EU treats software as a cost rather than an investment, stifling innovation in financial services. Prudential rules do not recognize the value for capital purposes, despite evidence indicating that software has value even in the case of liquidation of a bank.
European banks instead are required to match their software investments with an almost equal amount of capital to maintain their capital ratios. This requirement makes software investments by a European bank more expensive when compared to other competitors such as Fintech and US banks, distorting the level playing field in global banking.
Because of the existing rules, roughly every euro that an EU bank invests in IT, be it for innovation or cybersecurity, needs to be backed with one euro of the most expensive category of funding. This is not only a significant disincentive for investments but also leads to unfair competition between major players as well as jurisdictions.
As representative of the European banking industry, the EBF has invited EU policy makers in Brussels to consider the need for a level playing field when it comes to the prudential treatment of software investments. Software investments should be excluded from the general regime applicable to intangible assets under the definition of regulatory capital. The current revision of the Capital Requirements Regulation presents an opportunity for Europe to establish a fair competition and compete for the global leadership in the digital innovation in this area.
Media contact:
Raymond Frenken, Head of Communications, +32 2 508 3732, r.frenken@ebf.eu
About the EBF:
The European Banking Federation is the voice of the European banking sector, uniting 32 national banking associations in Europe that together represent some 3,500 banks – large and small, wholesale and retail, local and international – employing approximately two million people. EBF members represent banks that make available loans to the European economy in excess of €20 trillion and that securely handle more than 400 million payment transactions per day. Launched in 1960, the EBF is committed to creating a single market for financial services in the European Union and to supporting policies that foster economic growth.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
The post EBF survey: banks invested €18 bln in software as of 2016 appeared first on EBF.
]]>31 October 2017
The International Banking Federation appreciates the opportunity to comment on the consultative document issued by the Basel Committee on Banking Supervision (BCBS) in August 2017: “Sound Practices: implications of fintech developments for banks and bank supervisors” (the Consultative Document).
The IBFed acknowledges that the Consultative Document provides a concise, high-level summary of both the current landscape of technical innovation within the financial services sector, and many of the key important challenges to the business models of banking institutions and non-bank technology companies.
The IBFed wishes to highlight three fundamental points that must inform these policy discussions:
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
2 June 2017: Banks support ecosystem of interoperable APIs in EU: EBF underlines importance of privacy and security under PSD2
23 May 2017: Data Protection Impact Assessment: EBF comments on Article 29 Working Party guidelines
16 May 2017: EBF asks Commission to support ban on screen scraping
10 May 2017: Digital Single Market: EBF supports innovative, competitive strategy giving confidence for consumers and businesses
26 April 2017: EBF Key messages on European Commission’s Consultation on Building the European Data Economy
14 November 2016: Innovate. Collaborate. Deploy: the EBF vision for banking in the Digital Single Market
The post Basel Committee FinTech consultation: IBFed response appeared first on EBF.
]]>Brussels, 7 November 2017 – The European Banking Federation has responded to the European Banking Authority’s consultation on the aim of seeing the creation of a customer-centric and inclusive ecosystem in which all actors, ranging from small start-ups to established multinational banks, are committed to serving clients with innovative financial services.
FinTech refers to “financial” and “technology” meaning the application of new technologies to financial services. It is however sometimes understood as referring only to start-ups or tech-giants that develop innovative financial services solutions. Innovative financial technology based solutions and services are increasingly being developed by banks. This is why it is important to point out that the “FinTech” concept should be understood as finance enabled by or provided via new technologies, affecting the whole financial sector in all its aspects, in line with the definition proposed by the Financial Stability Board (FSB) in its report on Fintech published in June 2017 and the one proposed by the Basel Committee for Banking Supervision (BCBS) in its consultation document published in August 2017. Whereas the value chain increasingly includes alternative actors such as start-ups or tech giants, any actor can be a FinTech, regardless of the kind of legal entity it is. The FinTech concept should be connected to the products and services offered to the client and is therefore activity/services based. Banks are also FinTech companies.
Consumers around the world are quickly becoming digital. They want to manage their money more proactively, to simplify and streamline the management of their financial portfolio, and be able to derive tangible benefits from their service providers. As a result, consumers expect a new kind of service proposition from banks, fitting to the digital age.
In response, banks – and other providers – are assessing, developing and using innovative and technological capabilities (such as open APIs, blockchain, robo-advice and machine learning) to develop new delivery channels as well as to enhance services and products that deepen the relationship with their customers.
In this fast changing environment, consumer protection should remain the key priority. A level playing field has the role of ensuring consumers are not put at risk and that financial stability is maintained, irrespective of the service provider. Development in the field of FinTech could lead to a series of changes to financial services with new players, new solutions and new products / services. However, any changes must not undermine consumers’ data security nor their confidence in the European financial sector.
The Digital Single Market is an opportunity for all operators willing to embrace the digital transformation: authorities, FinTech (banks, non-banking FinTech/FinTech start-ups) corporates and consumers. The same regulatory conditions and supervision should apply to all actors (large digital players, financial institutions and start-ups) who seek to innovate and compete in the FinTech system. Any regulatory framework must keep barriers to entry to a minimum, and should also not hinder incumbents’ ability to innovate and develop. The principle of “same services/activities, same risks, same rules and same supervision” should always be applied in order to ensure consumer protection and market integrity. Regulation should also be neutral regarding technological developments and business models. For competition and a Digital Single Market for financial services to succeed, improvements are needed in current legislation, and regulatory requirements must be proportionate to ensure the current framework does not hamper innovation and competitiveness. Market incumbents must preserve a level playing field allowing some degree of connectivity to newcomers, however it is important to ensure that all market participants contribute to the appropriate level of investment in infrastructure.
We are likely to see increasing cooperation and partnership among banks and new FinTech start-ups providing innovative products and services to the market. Indeed, the arrival of FinTech start-ups and the establishment of digital platforms has spurred innovation, accelerated the transformation of banks and opened a door to new win-win collaborations. While there are still good reasons for banks to rely on internal IT departments, there is considerable potential to create value — for themselves and the economy at large — by nurturing an ecosystem of start-ups and technology innovators that can assist banks in developing shared platforms thereby increasing resilience and cost effectiveness of banking and payment systems. Banks have a lot to offer to FinTech start-ups, in particular, specific financial expertise (risk assessment, evaluation and management), scalability owing to their large customer base, as well as many years of experience in providing clients with operational security in a highly regulated sector, not to speak of financing needs. The respective strengths of both banks and FinTech start-ups mean that both will often do better by cooperating rather than by competing.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
2 June 2017: Banks support ecosystem of interoperable APIs in EU: EBF underlines importance of privacy and security under PSD2
23 May 2017: Data Protection Impact Assessment: EBF comments on Article 29 Working Party guidelines
16 May 2017: EBF asks Commission to support ban on screen scraping
10 May 2017: Digital Single Market: EBF supports innovative, competitive strategy giving confidence for consumers and businesses
26 April 2017: EBF Key messages on European Commission’s Consultation on Building the European Data Economy
14 November 2016: Innovate. Collaborate. Deploy: the EBF vision for banking in the Digital Single Market
The post EBF responds to EBA discussion paper on FinTech appeared first on EBF.
]]>The EBF published its detailed recommendations for an EU framework of experimentation, endorsing the ongoing attention of supervisors and regulators on testing frameworks in Europe. To support this objective, we have developed the following list of detailed recommendations for the development of an EU harmonised framework for experimentation.
Access to the testing environment should not be restricted based on the nature or the size of the business and should by no means be considered as a way to circumvent existing rules. The entry system should consist of a flexible regime that does not restrict entry to specific periods / slots, to allow firms starting the testing as soon as ready. Participation in the framework by institutions should always be voluntary, and institutions should not be forced to participate. Moreover, participation should always be based on the interest of the participants to test innovative projects. All authorities that are relevant for the project should be represented in the testing framework (e.g. financial authorities, data protection authorities, consumer protection authorities, AML authorities) according to a one-stop-shop approach.
To facilitate the broadest access to innovators, the eligibility criteria should be simple and based on the following key principles: innovative nature of the project, regulatory uncertainties about the implementation and clear benefits to the consumer.
The length of the testing period should be enough to fulfil this learning process. Considering that the testing may be initially envisaged for a limited time framework of 6 months with the possibility to extend it up to other 6 months on a case-by-case scenario, when deemed necessary. During the testing period, projects should also be limited in scope to reduce potential risks to both users and the financial system.
Exit plans should be designed to allow firms to conclude the testing at any point without disrupting /harming participating consumers. The entry and exit process should be streamlined and avoid unnecessary bureaucratic constraints and should be agreed between the participating firms and the relevant authorities before the start of the testing period.
Transparency on the learnings from the testing should be enhanced by issuing reports on the outcomes of the tests. To ensure full consumer protection, customers must be aware that they are about to use a service/product that is under testing. Information sharing is necessary in order to leverage on the results of testing already undertaken in certain jurisdictions. This would allow shorter time-to-market and would support the uptake of technological developments. Also, all relevant regulatory and supervision bodies should be involved according to a one-stop-shop approach.
Cross-border coordination is the underlying principle underpinning the EU framework for experimentation and should therefore be enhanced across EU member states. The European Banking Authority, EBA, should take the role of central hub facilitating exchange of information as well as the gathering of legal interpretations of existing regulations by national authorities. An EU representation should be organised by the EU authorities in any international initiative to ensure that the views of the Union are represented and
to allow EU financial entities to be part of any trials across multiple jurisdictions globally.
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]]>Outsourcing arrangements are widely used by the banking industry as they contribute to the efficiency and to the competitiveness of banks’ business models. Outsourcing indeed helps banks focus on their core business and gives them access to skills and services that are not available in house at the same level of efficiency and/or effectiveness.
Against this background, it is crucial that the Guidelines (GLs) strike the right balance between necessary safeguards preserving the integrity of outsourcing institutions, and the required flexibility to adapt to a fast-moving economic and technological environment. In particular, we assume that the specific requirements (should) only apply to outsourcings classified as critical/important.
The EBF’s key points relate to the following issues:
Scope of outsourcing: The draft EBA GLs provide for outsourcing requirements that are in line with MiFID II. MiFID II only provides for requirements for the ‘performance of operational functions which are critical for the provision of continuous and satisfactory services.
Definition and examples of what is or is not outsourcing: The current definition is extremely broad and risks encapsulating all activities performed by third parties for regulated institutions as outsourcing.
Intragroup outsourcing: Intragroup outsourcing should be subject to lower obligations than extra-group third-party outsourcing agreements.
Standard contractual clauses will be necessary for outsourcing agreements: Financial institutions may find difficulty in negotiating and getting some of the terms required by these GLs to be accepted by some large suppliers, such as, inter alia, the exercise of unrestricted access rights, or ex ante notification requirements in the sub-outsourcing of critical functions.
Sub-outsourcing assessment: Institutions may find it difficult to perform the risk assessment of sub-outsourcing activities.
Notification requirements: Given that the EBA has reiterated publicly that no upfront approval of outsourcing activities is necessary, in our view it would be sufficient for any bank to have a repository available which could be delivered upon request to the NCAs.
Summary table of requirements: Across the GLs it is not clear which requirements apply to general outsourcing, which to outsourcing of a critical or important function and which to intragroup arrangements respectively.
Cloud: The consideration of cloud services as outsourcing and, in case it is considered as such, as general outsourcing or outsourcing of critical functions should follow the same principles than the rest of services and technologies. It should depend on the nature of the activities outsourced.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
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