Tag Archive for: regulations

PSD 2 : The implementation of PSD 2: a lot of opportunities but also big challenges – Part II

| 1-2-2017 |  François de Witte |

After having examined the detailed measures of the PSD2 in my first article, in the 2nd part we will examine the impact of PSD 2 on the market. In order to help you read the text we will once more start with a list of abbreviations.

 

LIST OF ABBREVIATIONS USED IN THIS ARTICLE

2FA    :   Two-factor authentication
AISP  :    Account Information Service Provider
API :       Application Programming Interface
ASPSP : Account Servicing Payment Service Provider
EBA :     European Banking Authority
PISP :    Payment Initiation Service Provider
PSD1:    Payment Services Directive 2007/64/EC
PSD2  :  Revised Payment Services Directive (EU) 2015/2366
PSP :     Payment Service Provider
PSU:      Payment Service User
RTS :     Regulatory Technical Standards (to be issued by the EBA)
SCA :     Strong Customer Authentication
TPP :     Third Party Provider

Impact on the market

A major implementation journey:

The ASPSP (mostly banks) will have to make large investments in order to comply with the PSD2, in the following fields:

  • Implementing  the infrastructure enabling the application of the PSD2 scheme to the currency transaction in the EU/EEA area, and to the one leg transactions.
  • Ensuring that they can respond to requests for payment initiation and account information from authorized and registered TPPs (third party providers), who have received the explicit consent of their customer for to this. They will have to develop interfaces that enable third party developers to build applications and services around a bank. Internal banking IT systems might need to be able to cope with huge volumes of requests for information and transactions, more than they were originally designed for.
  • Ensuring their security meets the requirements of the SCA (strong customer authentication). This will be a big challenge both for the banks and for the other payment service providers).

PSD2 will make significant demands on the IT infrastructures of banks. On the one hand the IT infrastructure has to be able to be interact with applications developed by the TPPs (PISP and AISP). On the other hand, banks have to develop their systems in such a way that they don’t have to do this from scratch every time a TPP approaches them. This will require a very flexible IT architecture. The banks have to have a middleware that can be used by their internal systems, but also by the applications of the PSP’s.

Although PSD2 does not specifically mention the API (Application Programming Interfaces),  most technology and finance professionals assume that APIs will be the technological standard used to allow banks to comply with the regulation.

An API is a set of commands, routines, protocols and tools which can be used to develop interfacing programs. APIs define how different applications communicate with each other, making available certain data from a particular program in a way that enables other applications to use that data. Through an API, a third party application can make a request with standardized input towards another application and get that second application to perform an operation and deliver a standardized output back to the first application. For example, approved third parties can access your payment account information if mandated by the user and initiate payment transfer directly.

In this framework, the real challenge is to create standards for the APIs specifying the  nomenclature, access protocols and authentication, etc.”. Banks will have to think about how their new API layers interact with their core banking systems and the data models that are implemented alongside this. The EBA (European Banking Authority) will develop RTS (Regulatory Technical Standard) with more detailed requirements regarding the interface between ASPSPs and TPPs. While these are expected to be published early 2017, based on the EBA’s recent draft RTS, the question is whether they will define the interface’s technical specifications.

Emergence of new players and business models

By integrating the role of new third party payment service providers (TPPs) such as the PISP and the AISP, the PSD2 creates a level playing field in the market. Several market experts expect that this will foster innovation and creating new services. For this reason PSD2 should increase competition.

This might lead to a unique open race between traditional players, such as the banks and newcomers for new services and a possible disintermediation of banking services, as illustrated in the figure down below:

Source: Catalyst or threat? The strategic implications of PSD2 for Europe’s banks, by Jörg Sandrock, Alexandra Firnges – http://www.strategyand.pwc.com/reports/catalyst-or-threat

PSD2 is likely to give a boost to the ongoing innovation boom and bring customers more user-friendly services through digital integration. One can expect that the automation, efficiency and competition will also keep the service pricing reasonable. PSD2 will foster improved service offerings to all customer types, especially those operating in the e-commerce area for payment collection. It will enable a simpler management of accounts and transactions. New offerings may also provide deeper integration of ERP functions with financial services, including of their multibank account details under a single portal, and smart dashboards.

PSD2 also enables a simplified processing chain in which the card network can be  disintermediated. The payment can be initiated by the PISP directly from the customer’s bank account through an interface with the ASPSP. In  this scheme, all interchange fees and acquirer fees as well as all the fees received by the processor and card network could be avoided. The market expects that new PISPs will be able to replace partly the transactions of the classic card schemes. A large internet retailer could for example ask permission to the consumers permitting direct account access for payment. They could propose incentive to encourage customers do so. Once permission is granted then the third-parties could bypass existing card schemes and push payments directly to their own accounts.

On the reporting side, the AISP can aggregate consumer financial data and provide consumers with direct money management services. They can be used as multi-bank online electronic banking channel. One can easily imagine that these services will be able to disintermediate existing financial services providers to identify consumer requirements and directly offer them additional products, such as loans and mortgages.

The PSD2 is for banks a compliance subject, but also an opportunity to develop their next generation digital strategy. New TPPs can provide their innovative service offerings and agility to adopt new technologies, enabling to create winning payments propositions for the customer. In turn, traditional players like banks can bring their large customer bases, their reach and credibility. Banks have also broad and deep proven data handling and holding capabilities. This can create winning payments propositions for the customer, the bank and the TPP.

Banks will have to decide whether to merely stick to a compliance approach, or to leverage on the PSD2 to develop these new services. The second approach will require to leave behind the rigid legacy structures and to change their mindset to ensure  quicker adaption to the dynamic customer and market conditions. A first mover strategy can prove to be beneficial.  Consumers and businesses will be confronted with the increased complexity linked to the multitude of disparate offerings. There also, the incumbent banks who will develop new services  can bring added value as trusted partners

Essentially, PSD2 drives down the barriers to entry for new competitors in the banking industry and gives new service providers the potential to attack the banks and disintermediate in one of their primary customer contact points. New players backed by strong investors are ready to give incumbents a serious run for their business. This is an important battle that the incumbent banks are not willing to lose.

The biggest potential benefits will be for the customers, who can access new value propositions, services and solutions that result from banks and new entrants combining their individual strengths or from banks becoming more innovative in the face of increased competition. Market experts also foresee an increased use of online shopping and e-procurement.

Several challenges to overcome

The PSD2 will be transposed in the national legal system of all the member countries. The involved market participants will have to examine the local legislation of their country of incorporation, as there might be some country-based deviations.

The authentication procedure is also an important hot topic. PISPs and AISPs can rely on the authentication procedures provided by the ASPSP (e.g. the banks)  to the customer but there are customer protection rules in place. Hence, they must ensure that the personalized security credentials are not shared with other parties. They also may not store sensitive payment data, and they are obliged to identify themselves to the ASPSP each time a payment is initiated or data is exchanged.

ASPSPs are required according to PS2 to treat payment orders and data requests transmitted via a PISP or AISP “without any discrimination other than for objective reasons”. A practical consequence for credit institutions will be that they must carry out risk assessments prior to granting payment institutions access – taking into account settlement risk, operational risk and business risk. One of  the main issue is the handling of the customer’s bank credentials by third party payment service providers. The bank needs to be able to perform strong authentication to ensure that the authorized account user is behind the initiation message

There are concerns about security aspects related to PSD2. An example hereof is the secure authentication. All the PSPs will have to ensure that they can demonstrate compliance with the new security requirements. How it will be achieved and monitored ? How will TPPs  interact with banks, since there is no need for a contract to be signed?

If something does not work correctly, there will also be discussions on the liability side. The PSD2 states that the TPP has to reimburse customers quickly enough that they are not bearing undue risk, but one will have to determine which TPP had the problem and work with them to resolve it. This will require further clarifications from the regulators.

In addition the PISP and the AISP vulnerable for to potential frauds. Web and mobile applications could become easy target for cybercriminals for various reasons, including the inherent vulnerabilities in the APIs that transfer data and communicate with back-end systems. The openness of the web could allow hackers to view source code and data and learn how to attack it. APIs have been compromised in several high-profile attacks that have caused significant losses and embarrassment for well-known players and their customers. The PSD2’s ‘access to account’  increases not only the number of APIs, but adds layers of complexity to the online banking/payments environment, adding to the risk of fraudulent attacks.

The market is waiting for the RTS (Regulatory Technical Standards) to give guidance on how some remaining security issues will be solved. These include:

  • Treatment of PSU’s (payment service user)security credentials
  • Requirements for secure communication between the PSP and banks
  • Full details and definition of strong authentication
  • Safety of the PSU funds and personal data
  • Availability of license registry for real-time identification of the PSP (PISP or AISP)

It is important that the required clarifications are published soon, in order to avoid a time lag between the implementation of PSD 2 in the national legislations and the real move in the market.

Conclusion

The PSD2 creates challenges, such as the huge investments to be made by the banks, compliance issues and protection against fraud and cybercrime. However several topics need to be clarified such as the RTS and the market players need also to agree on common standards for the interfaces. The clock is ticking in the PSD race.

Traditional players such as the banks appear to have a competitive disadvantage vis-à-vis the new emerging third party payment service providers. However, the Directive opens up new forms of a collaborative approach that can overcome this. New players can provide their innovation and resilience, whilst banks can add value thanks to their large customer base, credibility, reach and ability to cope with high volumes.

The biggest potential benefits might be for customers, who will benefit from new value propositions, services and solutions from new entrants, from banks and new entrants combining their individual strengths, or from banks becoming more innovative in the face of increased and agile competition.

François de Witte – Senior Consultant at FDW Consult

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PSD 2: a lot of opportunities but also big challenges (Part I)

| 26-1-2017 | François de Witte |

The Directive 2015/2366 on payment services in the internal market (hereinafter PSD2) was adopted by the European Parliament on October 8, 2015, and by the European Union (EU) Council of Ministers on November 16, 2015. The PSD2 updates the first EU Payment Services Directive published in 2007 (PSD1), which laid the legal foundation for the creation of an EU-wide single market for payments. PSD2 came into force on January 13, 2016, and is applicable from January 13, 2018 onwards.

By that date the member states must have adopted and published the measures necessary to implement it into their national law.

PSD 2

PSD2 will cause important changes in the market and requires a thorough preparation. In this article, we are summarizing the measures and highlighting the impact on the market participants. In today’s Part I we will focus on abbreviations and main measurers introduced by PSD2.

List of abbreviations used in this article

2FA    : Two-factor authentication

AISP  :  Account Information Service Provider

API : Application Programming Interface

ASPSP : Account Servicing Payment Service Provider

EBA :  European Banking Authority

EBF :  European Banking Federation

EEA :  European Economic Area

PISP :  Payment Initiation Service Provider

PSD1:  Payment Services Directive 2007/64/EC

PSD2  :  Revised Payment Services Directive (EU) 2015/2366

PSP : Payment Service Provider

PSU:   Payment Service User

RTS : Regulatory Technical Standards (to be issued by the EBA)

SCA : Strong Customer Authentication

TPP :  Third Party Provider

Main Measures introduced by PSD2:

The  PSD2 expands the reach of PSD1, to the following payments:

  • Payments in all currencies (beyond EU/EEA), provided that the two PSP (Payment Service Provider) are located in the EU /EEA (two legs)
  • Payments where at least one PSP (and not both anymore)  is located within EU borders for the part of the payment transaction carried out in the EU/EEA (one leg transactions)

A second important measure is the creation of the Third Party Providers (TPP). One of the main aims of the PSD2 is to encourage new players to enter the payment market and to provide their services to the PSU (Payment Service Users). To this end, it creates the obligation for the ASPSP (Account Servicing Payment Service Provider – mainly the banks) to “open up the bank account” to external parties, the so-called, third-party account access. These TPP (Third Party Providers) are divided in two types:

·        AISP (Account Information Service Provider) : In order to be authorized, an AISP is required to hold professional indemnity insurance and be registered by their member state and by the EBA. There is no requirement for any initial capital or own funds. The EBA (European Banking Authority) will publish guidelines on conditions to be included in the indemnity insurance (e.g. the minimum sum to be insured), although it is as yet unknown what further conditions insurers will impose.

·        PISP (Payment Initiation Service Providers): PISPs are players that can initiate payment transactions. This is an important change, as currently there are not many payment options that can take money from one’s account and send them elsewhere. The minimum requirements for authorization as a PISP are significantly higher. In addition to being registered, a PISP must also be licensed by the competent authority, and it must have an initial and on-going minimum capital of EUR 50,000.

Banks will have to implement interfaces, so they can interact with the AISPs and PISPs. However, payment initiation service providers will only be able to receive information from the payer’s bank on the availability of the funds on the account which results in a simple yes or no answer before initiating the payment, with the explicit consent of the payer. Account information service providers will only receive the information explicitly consented by the payer and only to the extent the information is necessary for the service provided to the payer. This compliance with PSD2 is mandatory and all banks will have to make changes to their infrastructure deployments.

Source: PA Perspectives on Nordic Financial Services
http://www.paconsulting.com/our-thinking/perspectives-on-nordic-financial-services.

A third important change is the obligation for the Payment Service Providers to place the SCA (Strong Customer Authentication) for electronic payment transactions based in at least 2 different sources (2FA: Two-factor authentication) :

  • Something which only the client knows (e.g. password)
  • A device (e.g. card reader, authentication code generating device, token)
  • Inherence (e.g. fingerprint or voice recognition)

 

The EBA (European Banking Authority will provide further guidance on this notion in a later stage. It remains to be seen whether the current bank card with pin code is sufficient to qualify as “strong customer authentication”. This “strong customer authentication” needs to take place with every payment transaction. EBA will also be able to provide exemptions based on the risk/amount/recurrence/payment channel involved in the payment service (e.g. for paying the toll on the motorway or the parking).

PSD2 also introduces some other measures:

  • Retailers will be authorized to ask to the consumers for permission to use their contact details, so as to receive the payment directly from the bank without intermediaries
  • There will be a ban on surcharges on card payments
  • There will be new limitations on the customer liability for unauthorized payment transactions

In a second article soon to be published on treasuryXL, François de Witte will focus on the impact PSD2 has on market participants. 

François de Witte – Senior Consultant at FDW Consult

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Nieuw op treasuryXL: de Flex Treasurer

| 19-1-2017 | treasuryXL |

 

Wat is een Flex Treasurer?

Stel: je bent de eigenaar van of werkt in een kleine of middelgrote organisatie die geen treasurer of cash manager in dienst heeft. Je denkt waarschijnlijk dat er binnen jouw organisatie geen plaats is voor een dergelijke functie. Maar, oordeel niet te snel: ook het MKB heeft behoefte aan professionals als het gaat om treasury en cash management. Toch gaat het aannemen van iemand vaak een stap te ver.

Wij bieden je nu de mogelijkheid om een Flex Treasurer in te huren op urenbasis, als lump sum of in een abonnementsvorm. We willen met deze dienstverlening geen substituut worden voor de grote treasury consultancy organisaties maar we bieden graag ondersteuning bij vraagstukken die nu onbeantwoord blijven. Je kunt je vraag aan ons stellen en wij zullen je vrijblijvend in contact brengen met de juiste deskundige.

Wij kennen Flex Treasurers uit verschillende vakgebieden: risk, bankrelaties & technologie, regulations, non-profit, financiering, trade finance, cash management, SME & overige gebieden.

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De verschillende diensten

Hieronder staat een overzicht van de diensten die we aanbieden in samenwerking met de Flex Treasurers.

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Het aanbod is in ontwikkeling en in de loop van tijd zullen er steeds meer diensten bij komen.

Meer informatie

Wil je gebruik maken van een van de aangeboden diensten of heb je een andere vraag? Of wil je je aansluiten als Flex Treasurer?

Pieter de Kiewit helpt je graag verder.

Pieter de Kiewit[email protected]
06-11119783

 

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Blockchain: What happened during my stay in South Africa? (PART IV)

|13-1-2017 | Carlo de Meijer |

chains-iiAs you may remember I travelled throughout South Africa in december 2016. Being back home I was curious to learn if there were developments in the blockchain area. A first article was about a number of interesting reports that were launched and start ups. The second article dealt with banks and consortia. I focussed on central banks, market infrastructure and card schemes in a third article. In this last article I want to conclude my ‘blockchain journey’ with information about regulators and advisory companies. 

REGULATORS

EU Commission Launches Initiative to Boost FinTech and Blockchain Startups

The European Commission (EC) unveiled a new initiative aiming to support Europe’s FinTech and blockchain innovative entrepreneurs. The Start-up and Scale-up Initiative aims to combine all the possibilities that already exist in the EU, but plans on including a new focus on venture capital investment, insolvency law, and taxation.

With the unveiling of the Initiative, the Commission is hoping to bring together several factors to enable blockchain and FinTech startups to develop and grow their business across Europe. Aside from the proposed factors mentioned above other features that the Initiative is proposing include improved access to finance and simpler tax filings. Through the Initiative startups will also gain access to improved innovation support through reforms to Horizon 2020, which funds high-potential innovation through a dedicated SME instrument. The initiative will also connect startups with potential investors, business partners, universities, and research centers.

ADVISORY COMPANIES

Deloitte invests in blockchain Startup SETL

Professional services firm Deloitte has made an investment in London-based financial services blockchain startup SETL. By harnessing the capabilities of SETL’s blockchain, Deloitte can provide their clients with even more practical and transformational solutions.  News of the investment follows the announcement last month that Deloitte, SETL and Metro Bank had successfully trialed a contactless payment card using the firm’s distributed ledger technology. SETL is one of a number of startups worldwide looking to apply the technology to payment and settlement, and it recently became part of a regulatory sandbox initiative launched by the UK’s Financial Conduct Authority.

Deloitte has bet big on distributed ledger technology. To date, the firm has partnered with a range of startups in the space to develop blockchain prototypes. They have already been investing heavily in real-world applications, such as identity management, cross-border payments, loyalty, trade finance and a number of others. Deloitte is currently setting up an EMEA financial services blockchain centre in Dublin that will house a team of 50 developers and designers and is working with five prominent blockchain companies – BlockCypher, Bloq, ConsenSys, Loyyal and the Stellar Development Foundation – on a wide-range of proof-of-concept applications across the financial sphere.

PwC launched its Vulcan Blockchain Platform

Pricewaterhouse Coopers (PwC) recently launched its Vulcan Digital Asset Services based on blockchain technology. The Vulcan offering marks PwC’s continuing commitment to bringing blockchain technology to financial services and other industries. The Vulcan platform that connects identity, money and assets, allows users to spend, share, trade or track any physical or digital asset cheaply and quickly. It enables fintech start-ups and existing technology companies to gain access to PwC’s global client base and co-develop new product offerings. Vulcan’s digital currency services include digital asset wallets, blockchain-based payments (global payment processing), a digital asset exchange (investment and trading services), and rewards and loyalty programs. In addition, the platform provides governance and assurance services, including anti-money laundering, know your customer and reporting tools to ensure regulatory compliance.

PwC is already conducting several pilots in different industries that capture digitized assets and issue customer reward points as digital money. A global banking group and a central bank are piloting the system while an airline and three multi-national banks are also exploring it.

All parts of this article can also be found as a combined article on my LinkedIN page.

carlodemeijer

 

Carlo de Meijer

Economist and researcher

 

 

 

More articles about blockchain from Carlo de Meijer:

 

Treasury : proposed “to do” list for 2017

| 12-1-2017 | François de Witte |

building At the start of the year, we all look at our “to do” list for 2017. I would suggest for the corporates to focus on following topics:

1. Working capital management:

This will remain a hot topic throughout the year. The priority is to improve the financial structure by optimising the Order to Cash and Purchase to Pay cycle as well as the inventory management. A second priority is to improve the cash flow forecasting, both on the short term, to be able to improve your funding costs or the investment of the excess liquidity, and on the longer term, to improve your financial decisions. I will come back later this year on this topic.

2. Risk Management:

The general expectation is that the markets will remain volatile. In Europe, we have major elections in France, Germany, and the Netherlands. Internationally we also face uncertainties, with the impact of the new national and international policy of President Trump.

Hence, I would recommend to have an increased focus on your interest and forex risk management. You need to ensure more in particular that you have a good overall view on your forex risk, and how to manage it.

3. Technology as an enable for automation and improved controls:

The use of new technologies brings an opportunity to automate manual processes. Several solution providers have come up with smart cloud based solutions. These enable to reduce time consuming manual processes, to reduce errors and to achieve a consistency of approach, as well as greater security compared to manual processes. The increased presence of Fintech providers will enable to put in place customised solution at a lower cost. The upcoming Blockchain technology might also generate new opportunities in this area. For more information on this last point, please see: https://www.treasuryxl.com/news-articles/blockchain-what-happened-during-my-stay-in-south-africa-part-iii/ of Carlo de Meijer.

Focus areas are the automation of the order to cash process (e-invoicing, credit management), of the Purchase to Pay processes (automated match incoming invoices with the purchase orders, etc.), the incoming and outgoing payment processes, and the risk management. Automation can also help to improve the internal controls. It will enable to free time, enabling you to focus on more strategic areas, such as risk management and fraud prevention.

4. Negative interest rates:

If you are in a net debt position, the negative interest rate environment will bring you some tailwind. The opportunity is to use your cash to repay your bank debt.
However, if you are in a net cash position, the situation becomes completely different. You need to look at alternative ways to get a better return on your cash, such as supply chain financing or dynamic discounting. This requires a close alignment with your procurement department.  If your cash position remains structurally high and there are no major investment plans in the future, I would recommend to consider paying out the cash to the shareholders: “Fat capitalisation is not the closes friend of active working capital management”.

5. Fraud & cybersecurity

The only solution for both banks and corporates is to take a holistic approach to fraud as any weakness opens the door for fraud. There are simple ways to reduce this risk by putting in place strong internal controls including the segregation of duties, the dual approval for payment and other transactions, the defined list of beneficiaries and a clear policy in this area.
Durin the last year there have been many cyberattacks in treasury, and hence it is important to put measures in place to minimise the risk of similar attacks on your own business. I recommend an increased focus on computer security (regular security updates, clear policy on downloading programmes, if possible have a separate computer for online payments with special security controls, regular change of passwords).
In addition, it is important to invest in procedures and awareness raising, because cybercriminals and fraudsters almost always exploit human weakness to reach their goals. You need to ensure that the controls are embedded in the organisation

For further information, please see also the publication https://www.treasuryxl.com/news-articles/safety-of-payments/ of Lionel Pavey.

6. Regulatory changes:

 In line with the previous years, regulatory change will continue to be a major hot topic in 2017. The focus areas for 2017 will include the implementation of the PSD2 and the impact of the BEPS project (base erosion and profit shifting) launched by the G2O and OECD. Finance and treasury teams must pay an increased attention in documenting their intercompany agreements and ensuring a market conform pricing.

Conclusion:

 While the core priorities of treasurers continue to be on managing cash, liquidity, and risk effectively, they will have to cope an increased volatility of the markets, increased regulations and an increased risk of cyber-attacks. Technology offers opportunities to optimise your treasury management and to address these challenges more efficiently but you need also to ensure that your treasury management and controls are embedded in the organisation. Take at regular intervals time to look ahead and to make sure that you continue to travel in the right direction.

 

francois-de-witteFrançois de Witte – Senior Consultant at FDW Consult

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Blockchain: Playing in the sandbox

| 13-09-2016 | Carlo de Meijer |

blockchainA new – but important – chapter can be added to the blockchain story. The World Federation of Exchanges , the WFE, recently urgently called for the creation of regulatory sandboxes for distributed ledger technology. This should help industry efforts “to explore and understand the impact of blockchain-based services in the capital markets”. The Federation added that regulatory bodies should collaborate with the industry on new developments to minimise unintended consequences.

Regulators enter the stage

This is a very important signal to the regulators that they should take this technology serious and needed to enter the blockchain stage in order the give regulatory clarity. Innovations like blockchain should be primaly industry driven, and “not be unnecessarily impeded by regulatory intervention”, said the WFE. (see also my Blog: “Blockchain and regulation: do not stifle ….”, published 4 April).
Collaboration with the industry will allow regulators to understand the technology, how the future infrastructure will look like and what the impact will be on the financial markets. But above all how they could most effectively perform their regulatory tasks. With the insight and knowledge obtained, regulators will be better placed on the changes necessary to evolve the regulatory environment to not only better regulate these businesses, but also continue to ensure that the legislation does not frustrate this innovation.

Regulatory sandboxes

Regulatory sandboxes have proven to be a useful tool for the wider fintech industry in various jurisdictions. “Promising innovations may be stifled and opportunities missed as firms may be unclear on whether a new product or service complies with legal and regulatory requirements, and consequently may choose not to pursue their new product or service further”.

That is where the ‘regulatory sandbox’ comes in. They have been formed to provide a safe environment for businesses to test their innovative products. These sandbox allow firms to experiment with fintech while providing the appropriate safeguards to contain the consequences of failure for the customers.

New entrants to the financial services market, can use the sandbox to test products, services, business models and delivery without first needing to meet all of the normal regulatory requirements and incurring the considerable costs of putting in place the complex structures and processes to successfully apply for regulatory authorisation.

This should allow appropriate collaboration and exchange of information between industry and regulators.

Regulatory sandboxes: an overview

Since this year these regulatory sandboxes have been extended to distributed ledger technology in a number of countries including UK, Hong Kong, Singapore, Australia and Abu Dhabi. And now also other regulators are thinking about introducing such a testing environment.

  • Regulatory Sandbox Open for Play in the UK

The UK regulator FCA launched a regulatory sandbox early May this year. This is a next step for the FCA, the Financial Conduct Authority as part of Project Innovate, which aims to boost competition and growth in financial services. Goal is to help banks and other financial service providers reduce the time it takes to bring innovative ideas to the market.

The FCA’s sandbox will allow business to test disruptive technologies including distributed ledgers in a live environment “without immediately incurring all of the normal regulatory consequences”. The FCA however said that consumer protection will be a significant focus, and will be considering appropriate consumer safeguards.

Application

Fin-techs could apply to the UK’s regulatory sandbox from 9 May till 8 July. The second ‘cohort’ will have an application deadline of mid-January 2017.this year

The FCA uses an inclusive approach to defining potential users. That means anyone from a start-up to a multinational can benefit from the sandbox. For authorised users and suppliers, the FCA has identified  three key tools to businesses on a case-by-case basis (individual guidance; waivers; and, no enforcement letters). Unauthorised business will use the sandbox predominantly to facilitate testing without the need for full authorisation from the FCA.

Accessing the FCA sandbox is however not straightforward. A firm must meet a number of key eligibility criteria including: be in an in-scope business; demonstrate a genuine innovation; deliver a consumer benefit; demonstrate a need for the sandbox; and, be ready for testing. It should also be noted that the sandbox will not be available for activities which fall outside of the Financial Services and Markets Act 2000. For example, payment service providers and e-money issuers already potentially benefit from the lighter touch regimes in the PSRs and the Electronic Money Regulations.

  • Hong Kong Monetary Authority (HKMA) plans to create a regulatory sandbox

HKMA last week announced plans to create a regulatory sandbox, where start-ups and banks can test solutions and express their ideas before applying for authorisation. The sandbox allows banks to conduct tastings and trials of newly developed technology such as blockchain on a pilot basis. Within the sandbox, banks can try out their new fintech products without the need to achieve full compliance with the HKMA’s usual supervisory requirements.
In a related initiative, the HKMA has set up a ‘fintech facilitation office’ with its own dedicated e-mail account to act as a platform for the exchange of ideas between the regulatory body and banks and tech firms. Industry players, such as banks, payment service providers, fintech start-ups, the HKMA, etc. can get together at this facility to brainstorm innovative ideas, try out and evaluate new fintech solutions, conduct proof-of-concept trials, and gain an early understanding of the general applicability of creative solutions for banking and payment services.

  • ASIC released consultation paper on regulatory sandbox

Also Australia plans a regulatory sandbox for fin-techs technology innovations including blockchain. The Australian Securities and Investments Commission (ASIC) released a consultation paper on this issue, detailing proposals for a testing ground for innovative robo-advice providers and other similar services.  It also highlighted ASIC’s views about some regulatory options already open to fin-techs under the current law.

The sandbox will allow new entrants to test a service for up to 100 retail clients for up to 6 months without holding an AFSL. The service can only relate to advice and “arranging” for dealing, catering primarily to robo-advisers.  Product issuers such as payment facility providers and marketplace lenders are excluded, as is advice about general and life insurance. Start-ups will not need to apply to ASIC to be admitted to the sandbox (unlike comparable sandbox arrangements in other jurisdictions), but may need to be vetted by a “sponsor”, such as a hub, co-working space or venture capital firm.

A final regulatory position is expected by December.

  • MAS proposes regulatory sandbox for fintech

Early June, the Monetary Authority of Singapore (MAS) released a consultation paper detailing guidelines for a ‘regulatory sandbox’. With this sandbox approach the MAS hopes to encourage and help firms experiment with innovative solutions to support their development, and bring fintech solutions to the mainstream.

Any interested firm can adopt a sandbox to experiment within a well-defined space and duration; the MAS will provide the appropriate regulatory support and will relax certain legal and regulatory requirements. This sandbox will however have to meet certain evaluation criteria (technologically innovative; benefit consumers and address a significant problem or issue; intention and ability to deploy the solution in Singapore on a larger scale; report to the MAS on the test progress; major foreseeable risks have to be assessed and mitigated; etc.).

In April, the country expressed its desire to become the leading hub in Asia for blockchain-technology and fin-tech start-ups. MAS aims to provide a responsive and forward-looking regulatory approach that will enable promising fin-tech solutions to develop and flourish. The sandbox will help reduce regulatory friction and provide a safer environment for fin-tech experiments.

  • Abu Dhabi FSRA seek blockchain start-ups for fintech sandbox

The Financial Services Regulatory Authority (FSRA), the independent regulatory authority of Abu Dhabi’s newest financial free zone, has released a consultation paper in which it detailed its plans to create a sandbox environment for fin-tech under which start-ups would be allowed to work under a flexible regulatory framework for up to two years. The FSRA is seeking to promote the development of blockchain start-ups as part of a drive to create new efficiencies in the regional financial sector.

The FSRA’s proposal would seek to limit start-ups accepted into the program to those that “promote significant growth, efficiency or competition in the financial sector”. To give some clarity where they are focusing on the paper goes on to cite examples of technologies that fit this description.

“The advent of robo-advisers that offer lower costs, simplicity and real-time portfolio analytics and monitoring; or leveraging on the application of blockchain technology and distributed databases to facilitate price discovery, smart contracts, settlement of financial transactions, etc that may lead to safer [and] better products, and higher productivity and growth.”

Benefits for startups

The benefits of these regulatory sandbox are manifold. Both start-ups, the whole industry and regulators may profit.

There ought to be clear benefits :

  • First of all from a time and cost point of view.

Most immediately, the ability of businesses to safely test their products and also be engaged in direct dialogue with the regulator without first having to expend time and money on a speculative application for regulatory authorisation should relieve start-ups of high costs they often cannot afford.

  • From a compliance point if view

At the same time, the businesses can adapt their offerings to better ensure regulatory compliance.

  • From an investor point of view

Once through the process, and assuming the road-testing has produced a successful outcome for the business, the task of attracting investors should be simpler as a major unknown will have been removed.

  • From a financial industry point of view

The regulatory sandbox may help to foster innovation in financial services and that is good for the whole industry and their customers.

  • From a regulatory point of view

With the insight and knowledge obtained from that role, the regulator will be better placed to assess the changes necessary to evolve the regulatory environment to not only better regulate these businesses, but also continue to ensure that the legislation does not frustrate the competition that the FCA wishes to promote.

Global regulatory collaboration

Given its global reach, the level of complexity and the interconnectedness of financial markets, and the level of complexity and the interconnectedness of financial markets, regulatory bodies worldwide should collaborate to ensure that no different regulatory environments are created and regulatory arbitrage is excluded. National and foreign regulators must coordinate to create a common principles-based approach for blockchain oversight A special role should be given to bodies like the IOSCO and the G-20 Financial Stability Board.

 

carlodemeijer

 

Carlo de Meijer

Economist and researcher

 

Blockchain : What to expect for 2017?

| 23-08-2016 | Carlo de Meijer |

blockchainWe are now 8 months further on in 2016. Blockchain seems to be not a hype anymore but increasingly becoming a reality. What can we learn from what happened in the area of blockchain up till now. Is it possible to make predictions for 2017 and further? Let’s give a try! 

What happened this year?

On the basis of the various activities and developments during this year a number of trends can be recognised. These could give enough ammunition for a number of predictions on blockchain for 2017.

Increased knowledge sharing
First of all the growing interest and therefor the growing need for knowledge about blockchain. We have seen an explosion of articles, reports, conferences, workshops, seminars, roundtables etc. on blockchain. Many people were educated what blockchain is, its possible applications etc.

Growing investments in blockchain start-ups
We also have seen a boom in the number of start-ups that is developing applications of blockchain technology. They have become very popular among investors. The industry has invested larger sums in these corporates.

Ongoing innovations
These growing investments in start-ups have allowed for ongoing innovations in private blockchain technology, with an increasing number of second and third generation applications popping up.

Consortiums and partnerships coming up
With the believe amongst financial institutions that a go-alone approach is not the right way, we have seen the coming up of a number of collaborative initiatives including R3CEV, Hyperledger project, China Ledger and of various strategic alliances between fintechs, blockchain platforms and financial institutions.

Experimentation and testing stage
Though this year was one of experimentation and testing, with many trials, proof of concepts etc., also first real-world blockchain applications have been launched for small groups but not yet for massive use.

Regulators enter the blockchain scene
What we also have seen is the growing interest and involvement of regulators. Blockchain technology is getting growing attention from various regulatory bodies amid concerns over governance and cybercrime. They try to figure out what is really new about blockchain in case it really takes off.

What can we expect in 2017?

Starting from these developments in the blockchain area, what can we expect for 2017 and beyond?

We are beyond the hype
First of all, looking at 2016, we may say that the blockchain hype is over to a large extent and that 2017 will be a year of practicality. Long-time seen as a hype, just like Pokemon Go, there is growing believe that blockchain is here to stay. Not only financial institutions, but also central banks and governments are nowadays interested in blockchain technology and its potential. This may further broaden the audience of Blockchain believers in a rapid way.

Focus on blockchain integration
Financial institutions will increasingly look for integration of blockchain technology with other areas of the fintech eco system. Existing systems within financial institutions need to adopt to the blockchain element. It must fit in with other banking systems (such as KYC, AML, customer record and other record systems, data warehouses etc).

Integration will not be limited to just installing blockchain technology within their own organisation. It will mean getting many other organisations to adopt and integrate their existing systems with the technology (including businesses proicess and organisational changes). This process may take several years.

Private blockchain networks
While new blockchain consortiums and strategic partnerships will arrive, we will also see an accelerated deployment of private blockchain networks. Multiple networks of trusted platforms each connecting a subset of industry players. This however will ask for an overall distributed ledger, that will be open source with common standards and protocols, enabling interoperability via APIs.

Use cases will be further broadened to non-financial applications
While the focus long time has largely been on applications in the financial world, we will increasingly see blockchain applications in other areas. These may range from decentralised and cloud services including patient records and healthcare support; electronic voting andvoters authentication to cloud based learning and student authentication, digital identity management to land titling and many more. This may allow – just like The Internet – a growing number of people to get in touch with blockchain technology and may open the door to many more.

Blockchain technology will become more mature enabling better and more secure applications ….
Blockchain technology will become more mature, gradually solving issues such as scalability and system integration. We will see more tools and interfaces available. Microsoft Azure for example has started to provide Baas (blockchain -as-a-service) which will enable developers to build more tools. It will allow financial institutions to create all types of tailor made environments using industry level frameworks.

… and also directly-chained solutions
It however will not be limited to blockchain solutions. The technology may also enable directly-chained (instead of block-chained) transactions. In these schemes consensus will be simplified by requiring confirmation just from a limited subset of trusted participants. In these private blockchain schemes that should lead to much faster confirmation times.

In 2017 we will see real-world applications
While 2016 was the year of hit and trial, with many experiments, the banking industry’s proof-of-concept phase will continue according to the Morgan Stanley Report. But 2017 will also see a number of real world applications using blockchain technology.

While the focus long time has been on payments and the securities industry, early real-world blockchain applications will still be limited to use cases such as trade finance, syndicated loans or reference data management, so activities that are not dependent on a critical mass of assets already being on blockchain. Real-world use cases for payments and clearing & settlement purposes however will take several years.

A growing number of market entrants will come with new and more sophisticated innovative offerings for financial institutions. It is thereby expected that they will continue to develop new functionalities for existing blockchain systems to their users, while other applications will emerge.

The year of smart contracts
It is expected that smart contracts will grow in popularity. These contracts that will be stored in the distributed ledger, are getting more accurate and more feasible for real world applications. They are expected to become an integral part of many blockchain solutions. To settle transactions these smart contracts need to be connected to the real world banking system. For banks it is thus important that blockchain will be integrated with their banking systems as well as with their API (Application Program Interface).

Some expect that there will be “a single dominant leading, open source, scalable, enterprise ready, distributed ledger optimised for private blockchain with full support for these smart contracts”. There are a number of organisations working on this.

Growing competition for blockchain platforms
We will see many more platforms to be released. But also increased competition between the various blockchain offerings like Ethereum, Hyperledger, and many more. It is expected that an interface for external users will be developed including APIs, giving others access to the tools will begin to be leveraged.

Increased discussion about standards
The discussion about the need for common industry standards and protocols will continue. There is agreement that common standards and protocols are a must. But not yet next year. There will be multiple networks of trusted platforms all with their own standards and protocols. This however will increase the need for interoperability.

Security gets highest priority
A growing number of institutions are looking at how to use blockchain in their activities. As the blockchain systems may handle more and more assets, contracts and other valuable information, the security part op blockchain applications will get prior attention, to guarantee privacy and integrity of information stored in the ledger.

Regulators enter the scene
Growing focus on security and other risk issues will bring regulators to the forefront. It is expected that regulators will increasingly discuss and operate in collaboration with the industry, to reach the best regulatory solutions for all parties involved. This will help them to develop their policy position towards blockchain technology, assess challenges and benefits of the technology from a regulatory perspective and assess whether new rules are needed.

 

carlodemeijer

 

Carlo de Meijer

Economist and researcher

 

Treasury ABC Part IV

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For many people Treasury is, as they think, something that is not concerning. Because there are many items that could be mentioned and listed here, I chose to mention the items that have effect on our daily lives, even if we are not aware of the existence of the described item. Last week I published the third part of the treasury ABC which I’ll call the Treasury ABC for normal citizens. 

 

R is for Regulations

Regulations, regulations. Most people don’t like rules and legislations in their life. The perception is that rules and laws make us “less free”. And in a way, it is. Another way of looking to rules and legislations is that they give a certain assurance that things are going in an way that is generally accepted. Related to treasury activities it is important that the funds invested e.g. for your pension are in safe hands and that risks are limited to guarantee that, when you are entitled to receiving a monthly pension payment, you actually see the amount on your bankaccount. So remember, rules give more certainty and reduce risk for your own sake.

S is for Stock Exchange

Being Dutch it might make you proud to say that a Stock is a dutch invention. One of the oldest known stock is a share in the VOC (Vereenigde Oostindische Compagnie) dated September 9th 1606. Having stocks, and wanting them, brings the next step: a stock exchange where people can buy or sell financial instruments (stocks, options, etc.). Nowadays the index of the Stock Exchange is a main indicator of the state of the economy in a country. The higher the index the better the economy (or the perception of the economic state).

T is for Treasury

When writing the ABC for Treasury it might be helpful to give a definition of Treasury itself.Treasury is about steering and control of financial assets within an organization. Part of treasury management is Risk management. An organization wants to be sure that its financial assets will not disappear “in air” because of wrong investments. Finally, Treasury is also about reporting and justification of the actions which were made with regard to Treasury.

U is for United Kingdom

The United Kingdom is (still) one of the biggest countries in the EU. What makes this country special is that it did not give up it’s own currency but kept the Great Britain Pound (GPB) with care and proud. If that was the right decision is hard to say. Anyway, since we know that the outcome of the 23rd of June the UK will most probably will exit the EU, having their own currency makes such a step less complicated then it already is. Let’s compare some figures between the Euro, the GPB and the US Dollar (figures as at august 8th, 2016):

Currency rate USD 1.00 0.77 0.90

Currency rate GBP 1.30 1.00 1.16

Currency rate Euro 1.12 0.86 1.00

On June 23rd you could buy GBP 762 for Euro 1000. A day later, after the Brexit seemed unavoidable, you could buy GBP 813 and today (august 11th) GPB 859 for Euro 1000. Now we can see that the (financial) world doesn’t think it is very wise for the United Kingdom to leave the EU. The currency rate of the GPB to Euro has dropped around 12%.

V is for Volatility

Volatility of a stock or a currency rate is an indicator for the stability of it. The more volatile the stock, the more unrest around the company concerned. Some stocks are very stable and give the investor lower risk. The more volatility, the more uncertainty in the market. You can figure out that the more volatile the market is the more your investment is at risk.

Jan Doosje

 

Jan Doosje

Owner of Fimterim Advies & Consultancy