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EU Commission Regulations on Digital Operational Resilience: A Reminder That DORA is Less Than Three Months Away and Will Apply to...

The European Commission’s adoption on 23 October 2024 of the two regulations (Regulations) supplementing the [the Regulation on digital operational resilience for the financial sector Publications Office (europa.eu)] (DORA)...more

A New Safeguarding Regime: Five Points for Payments and E-money Firms

For any UK fintech business involved with payments of electronic money (e-money) and any (experienced) investor in these businesses, safeguarding client funds is a key regulatory issue....more

ESA Publications on Digital Operational Resilience: A Reminder That DORA is Less Than Six Months Away and Will Apply to US and UK...

The publication by the Joint Committee of the European Supervisory Authorities (ESAs) on (a) 17 July 2024 of the second batch of implementing materials and (b) 26 July 2024 of the sub-contracting of information and...more

DAOs in English law: another (but not final) step forward

With so much focus on the regulatory treatment (and mistreatment) of blockchain related businesses, the benefits of commercial legal certainty for choosing a country or territory as a home of choice for these businesses is...more

The FCA’s AI Update: Integrating The UK Government’s 5 Principles

In our previous alert AI and Machine Learning in UK financial services, we discussed the response in FS 2/23 of the Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) to its discussion paper on...more

Acquiring or Investing in EU Crypto-Asset Businesses: Further Clarity on MiCA

In our previous alert “Acquiring or Investing in EU Crypto-Asset Businesses: MiCA’s Impact,” we discussed the impact of the European Union (EU) Markets in Crypto-Assets Regulation (MiCA) on the acquisition or investment in EU...more

Marketing Crypto Assets to EU Investors Under MICA: ESMA’s First Take on Reverse Solicitation

In our previous alert, we noted the statement of the European Securities and Markets Authority (ESMA) encouraging market participants and national competent authorities in EU member states to prepare for implementation of the...more

Providing Critical Services to the UK Financial Sector: Important Draft Rules for Fintechs

On 7 December 2023, the Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) published a joint consultation paper titled ”CP26/23 - Operational resilience: Critical third parties to the UK financial...more

Crypto business in (and “to”) the UK: Further light on the new regulatory regimes

The Response and Stablecoins Update confirm the core of HMT’s policy proposals in the General Consultation and Stablecoin Consultation, respectively, although they shine further light on the features of the regulatory regime....more

AI and Machine Learning in UK financial services: the public response to the FCA and PRA

In our previous alert, we discussed the emerging trends for regulating artificial intelligence (AI) in financial services and mentioned a joint paper published by the Prudential Regulation Authority (PRA) and Financial...more

Crypto Regulation in Europe: ESMA Statement Clarifies process for the Transition to MiCA

On 17 October 2023, the European Securities and Markets Authority (ESMA) published a statement (the Statement) clarifying the timeline for implementation of the Regulation on Markets in Cryptoassets ((EU) 2023/1114) (MiCA)...more

Further Light on Generative AI and UK Financial Services Regulation

In our previous alert, we noted the speech made by Nikhil Rathi, CEO of the UK Financial Conduct Authority (FCA), which built on the points made in a joint paper published by the Bank of England (BoE) and FCA on artificial...more

Final Reminder: New UK Crypto Marketing Rules Less Than a Month Away

As we have discussed previously (see ”First Reminder: Two Months Until New UK Crypto Marketing Rules Take Effect”), starting 8 October 2023, anyone — including a crypto issuer or business based outside the UK — who makes a...more

First Reminder: Two Months Until New UK Crypto Marketing Rules Take Effect

Starting 8 October 2023, anyone — including a crypto issuer or business based outside the UK — who makes a cryptoasset or service available to an investor or user in the UK will need to consider the UK ‘financial promotion...more

Generative AI and Financial Services: A Recent View From the UK Regulator

In a recent speech, Nikhil Rathi, CEO of the UK Financial Conduct Authority (FCA), set out the FCA’s latest views on the role of artificial intelligence (AI) in financial services. The speech highlights many benefits but also...more

FCA Publishes Feedback Statement on Potential Competition Impacts of Big Tech Entry and Expansion in Retail Financial Services

On 12 July 2023, the UK Financial Conduct Authority (FCA) published Feedback Statement 23/4: The potential competition impacts of Big Tech entry and expansion in retail financial services (FS23/4). This summarised the...more

Trading Venues in the UK: Regulatory Clarity for Fintech Providers; Implications for Crypto-Trading and DeFi?

The UK Financial Conduct Authority (FCA) has published its policy statement PS23/11 (PS), containing final guidance (the guidance) on trading venues. A firm requires trading venue authorisation from the FCA if it operates...more

Doing Crypto Business in Europe: MiCAR, the EU’s New Uniform Crypto Code - Part 2

As noted in our previous Marketing Crypto-Assets in and Into Europe: MiCAR, the EU’s New Uniform Crypto Code, the European Union (EU) Markets in Crypto-Assets Regulation (MiCAR) was published in the Official Journal of the...more

Marketing Crypto-Assets in and Into Europe: MiCAR, the EU’s New Uniform Crypto Code

The EU Markets in Crypto-Assets Regulation (MiCAR) was published in the Official Journal of the European Union on 9 June 2023. MiCAR is a the major, step toward an EU-wide uniform code governing crypto-assets, such as BTC,...more

Marketing Cryptoassets and Services In and Into The UK: A Near-Final Regulatory Regime

In our Alert Marketing Cryptoassets and Services in and Into the UK: Shifting Regulatory Sands, we noted the policy statement issued by HM Treasury (HMT) on cryptoasset promotions and the Financial Conduct Authority (FCA)...more

Too Important To Fail? Further Light on When EU and Non-EU Technology Providers Will Become Subject To DORA

The EU regulation on digital operational resilience for the financial sector (DORA) was published in the Official Journal of the European Union on 27 December 2022. It entered into force on 16 January 2023 and will apply from...more

Doing Fintech Business in the UK: Regulatory Q&A for US and Other Non-UK Businesses

With more fintech’s looking to expand their businesses internationally, it can be daunting to navigate varying regulations across borders. This article focuses on regulations in the United Kingdom....more

The FCA’s 2023/24 Priorities for UK Payments: Firms and Investors, Take Note

On March 16, 2003, the UK Financial Conduct Authority (FCA) published its letter Portfolio Letter: FCA priorities for payments firms to the CEOs of UK Payment Institutions (PIs), Electronic Money Institutions (EMIs), and...more

Marketing Cryptoassets and Services in and Into the UK: Shifting Regulatory Sands

On 1 February 1 2023, HM Treasury (HMT) issued a further policy statement on cryptoasset promotions in the UK, "Government approach to cryptoasset financial promotions regulation policy statement”. It updates HMT’s January...more

EU Technology Regulation: Watch List for 2023 and Beyond

Last year, the European Union passed a number of important EU legislative acts relating to the regulation of technology. Further legislative acts and proposals affecting technology are on the agenda for 2023, including the...more

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