The FCA publishes proposals to ban sale of crypto-derivatives to retain consumers

The Financial Conduct Authority (“FCA“) has published proposals to ban the sale of derivatives or exchange traded notes (“ETNs“) which reference certain types of cryptoassets (“cryptoderivatives“), to address harm posed to retail consumers. The scope of the ban would extend to the sale, marketing and distribution of all derivatives (ie. options, futures and contracts for difference (“CFDs“)) and ETNs which reference ‘unregulated transferable cryptoassets’ by FCA-regulated firms acting in, or from the, UK to retail consumers (ie. ‘retail clients’ as defined in COBS 3.4). The ban would be implemented through proposed changes to the conduct of business (“COBS“) sourcebook. Continue reading

Outsourcing to the Cloud: EBA issues Final Report on Recommendations

On 20 December 2017 the European Banking Authority (“EBA”) published its Final Report: Recommendations on Outsourcing to Cloud Service Providers (“CSPs“). The Recommendations will apply from 1 July 2018 to credit institutions as well as investment firms (i.e. not solely to banks). The aim of the EBA Recommendations is to: (i) provide guidance for institutions to enable them to use cloud solutions whilst appropriately managing risk; and (ii) promote supervisory convergence across the EU. The Final Report follows the EBA’s draft recommendations that were published on 18 May 2017 (refer to our previous article here). It should be noted that there is little substantive difference between the draft recommendations and those set out in the Final Report. Continue reading

FCA Feedback Statement on Distributed Ledger Technology Discussion Paper

As the UK Parliament’s Treasury Committee launched an investigation in March 2018 into the benefits and risks of cryptocurrencies and the potential impact of Distributed Ledger Technology (“DLT“), and the European Commission launched an EU Blockchain Observatory and Forum in February 2018 (to highlight key developments of blockchain technology and reinforce engagement with multiple stakeholders involved in blockchain activities), regulators have also been taking a closer look at the implications of DLT, including the Financial Conduct Authority in the UK. Continue reading

FinTech: Bank of England launches FinTech community and FCA publishes discussion paper of distributed ledger technology

In March 2017, the Bank of England FinTech Accelerator launched a new fintech community. The new community has three main objectives:

  • to share developments, trends and insights to facilitate learning within the Bank and across the sector;
  • to ensure the Bank is engaging with a range of fintech firms; and
  • to increase networking across fintech-related organisations.

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