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EU Second Consumer Credit Directive: Scope and impact for buy-now pay-later (BNPL) providers

Among the changes introduced by the Second Consumer Credit Directive ((EU) 2023/2225) (CCD II) is an expansion of the scope of the current consumer credit regime under Directive 2008/48/EC (CCD I). The aim is to increase...more

The EU's Markets in Crypto Assets (MiCA) regulation

On 26 June 2024, Hogan Lovells, in collaboration with Buen Crypto, hosted an event to discuss imminent implications for firms who will be subject to the Markets in Crypto Asset Regulation (MiCA) due to come into force from 30...more

PSD3: European Parliament adopts amended PSD3 and PSR texts at first reading

On 23 April 2024, the European Parliament announced its adoption at first reading of amended texts of the European Commission’s June 2023 legislative proposals for a Directive on payment services and electronic money services...more

Payment services versus e-money issuance: Court of Justice of EU clarifies regulatory border

A recent Court of Justice of the European Union (ECJ) judgment has considered where the boundary lies between regulated payment services and e-money issuance. Read on for a more detailed look at the reasoning of the ECJ in...more

Frankfurt to host the EU Anti-Money Laundering Authority

After a much anticipated vote, Frankfurt will be the host of AMLA. Frankfurt came out as the winner with 28 votes. Madrid came in second with 16, Paris in third with 6 and Rome in fourth with 4 in a vote that required just...more

EU: ESMA consults on ‘reverse solicitation’ and classification of cryptoassets under MiCA

On 29 January 2024, the European Securities and Markets Authority (“ESMA”) published two Consultation Papers seeking comments on draft guidelines under the Markets in Crypto Assets Regulation—one on the “reverse solicitation...more

PSD3: Putting citizens at the heart of EU payments

“Super Wednesday” 28 June 2023 marked the beginning of the next phase in the evolution of EU payments regulation with the European Commission’s publication of its anticipated proposals to improve the functioning of PSD2. This...more

EU distance marketing of financial services contracts: New Directive finalised

The EU has adopted the final text of a Directive concerning financial services contracts concluded at a distance which repeals the current Distance Marketing of Financial Services Directive and transfers the consumer...more

ESMA encourages smooth implementation of EU MiCA, and warns of “forum-shopping” risk

On 17 October 2023, the European Securities and Markets Authority (ESMA) published a statement addressed to cryptoasset providers and the National Competent Authorities (NCAs) that will be responsible for their supervision,...more

EU consumer credit legislation in the digital era: Council of EU adopts CCD II

The EU has adopted the final text of the Directive on consumer credits to revise and replace the Consumer Credit Directive (2008/48/EC) (CCD II). The next step will be publication in the Official Journal of the EU and then...more

Proposed EU AML/CFT Regulation: Cryptoassets are key focus of ECON/LIBE Committees’ adopted position

On 28 March 2023, the European Parliament’s Economic and Monetary Affairs (ECON) Committee and Civil Liberties, Justice and Home Affairs (LIBE) Committee voted through their position on the proposed anti-money laundering and...more

Financial Institutions Horizons 2023

The outlook for 2023 looks uncertain, following another tumultuous year. The collapse of a number of large cryptocurrency exchanges has shone another spotlight on the digital asset market. The financial system’s resilience...more

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