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Final report on DORA subcontracting RTS published

On 26 July 2024, the three European Supervisory Authorities (EBA, EIOPA and ESMA) published the final report on the draft Regulatory Technical Standards relating to subcontracting ICT services supporting critical or important...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

AI regulation in financial services in the EU and the UK: Governance and risk-management

Artificial intelligence (AI) and machine learning (ML) technology have started to transform financial services and bring about new business opportunities, but with risks. AI governance should be adopted by financial...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

Hogan Lovells and Zodia Custody have collaborated to produce a digital assets custody paper

With increasing levels of capital continuing to flow into digital assets globally, an ever-growing pool of asset holders, and even governments exploring various digital asset projects, the need to examine custody services in...more

Towards a digital pound? Bank of England and HM Treasury consult on design for UK retail CBDC

The Bank of England and HM Treasury are consulting on the model for a UK retail central bank digital currency (CBDC) or ‘digital pound’ that would sit alongside, not replace, cash. On the basis of their work to date, both the...more

UK Cryptoassets: HMT consultation and call for evidence on a future financial services regulatory regime

On 1 February 2023, HM Treasury published a long-awaited consultation paper and call for evidence setting out proposals for the UK’s financial services regulatory regime for cryptoassets. The proposals mark the next stage of...more

UK: Bespoke temporary exemption for financial promotions relating to qualifying cryptoassets

In a departure from recent proposals to bring certain cryptoassets into the scope of the Financial Promotion Order, the government intends to introduce a bespoke temporary exemption for financial promotions relating to...more

The role of AI in the new UK Consumer Duty

This article is the second in a series on areas impacted by AI. It focuses on the upcoming implementation of a new Consumer Duty, a higher standard of behaviour for financial services firms directly or indirectly interacting...more

UK FCA, PRA and BoE publish discussion paper (DP5/22) on AI and machine learning

In the discussion paper, the UK financial supervisory authorities have not provided a new legal framework or their intended future approaches for regulating the use of AI and machine learning in financial services. However,...more

UK Treasury proposes a law to regulate ‘critical’ third party service providers in finance sector

On 8 June 2022, HM Treasury published its policy statement, outlining a proposal to regulate third parties to financial services and financial market infrastructure firms (“Firms”). This proposal comes shortly after the EU,...more

European Council and Parliament reach agreement on Digital Operational Resilience Act ‘DORA’

On 11 May 2022, the European Council announced in a press release, that it had reached a provisional agreement with the European Parliament on DORA, a piece of legislation designed to strengthen the operational resilience of...more

HM Treasury stablecoin regulation proposals aimed at positioning UK as global crypto hub

HMT has published its response to its January 2021 consultation and call for evidence on the UK regulatory approach to cryptoassets and stablecoins. The consultation response confirms the government’s intention to bring...more

Financial Institutions Horizons 2022

At our recent global conference we held in partnership with Global Digital Finance, our keynote speaker suggested that the three major drivers for financial institution regulators and policy makers for the next few years...more

HM Treasury brings crypto further within the scope of financial services regulation

On 18 January 2022, HM Treasury published the results of its July 2020 consultation on cryptoasset promotions, and confirmed that the UK government will introduce measures that will effectively bring a wider range of...more

Non-fungible tokens: NFTs and the silence of the EU legislator

You might expect that the European Commission, eager to act as an innovative regulator, to have non-fungible tokens, NFTs, firmly on their radar and to have dedicated a relevant part of its regulation for cryptoassets, MiCA,...more

Cryptoassets and artificial intelligence in EU regulation - FinTech Perspectives

As in other fields of digital transformation, the EU Commission wants to set a standard with its draft regulations for both cryptoassets, and artificial intelligence. But is it ready for the challenge? Both technologies will...more

Operational resilience regulatory framework in Europe

In recent years, operational resilience has come under the spotlight of financial regulators globally, leading to a proliferation of new regulation. The sheer number of publications on this topic can be confusing for...more

Operational resilience: Developments in the financial services sector in the UK

In recent years, operational resilience has come under the spotlight of financial regulators globally, leading to a proliferation of new regulation. The sheer number of publications on this topic can be confusing for...more

The EU proposed digital operational resilience regulation

The European Commission has published a proposed Regulation on digital operational resilience within the financial services sector in the EU. This will replace and harmonise existing guidance in relation to ICT and security...more

UK FCA becomes AML/CFT crypto supervisor

The UK Financial Conduct Authority (FCA) has become the anti-money laundering and countering the financing of terrorism (AML/CFT) supervisor for some types of cryptoasset businesses. These will need to meet certain...more

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