Albert Weatherill (UK)

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European Commission launches consultation on consumer rights – adapting out-of-court dispute resolution to digital markets

On 28 September 2022, the European Commission launched a consultation on consumer rights – adapting out-of-court dispute resolution to digital markets. The consultation aims to collect views of various interested organisations and businesses on how to increase the efficiency of retail markets in the EU, how to ensure a level playing field among traders operating … Continue Reading

Commission Delegated Regulation amending the RTS as regards the 90-day exemption for account access

On 16 August 2022, the European Commission published Commission Delegated Regulation (EU) of 3.8.2022 amending the regulatory technical standards (RTS) laid down in Delegated Regulation 2018/389 as regards the 90-day exemption for account access. The final draft RTS introduces into Commission Delegated Regulation 2018/389 a new mandatory exemption from the requirement to apply strong customer … Continue Reading

Cryptoasset providers: Impact of the amendments to the MLRs 2017

In June, HM Treasury issued its response to its October 2021 consultation on amendments to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs 2017). The response contained a number of updates to the MLRs 2017 which, for the most part, come into force on 1 September 2022. … Continue Reading

New podcasts on the Financial Services and Markets Bill

In the latest episodes of our Regulation Tomorrow podcasts: Jonathan Herbst and Hannah Meakin provide a high-level overview of the Financial Services and Markets Bill which was introduced on the 20 July 2022 (Apple podcasts / Spotify). Jonathan Herbst, Hannah Meakin and Albert Weatherill focus specifically on the Bill’s provisions relating to critical third parties … Continue Reading

FCA updated webpage: Transforming data collection

On 22 July 2022, the FCA updated their website on transforming data collection. The Webpage now contains two further sections as follows: Phase one: The new section outlines the first phase of the programme, which ran from July 2021 until May 2022. The discovery and design stage looked at the Financial resilience survey, a post-pandemic … Continue Reading

Terms of reference for the Digitisation Taskforce

On 20 July 2022, HM Treasury published the Terms of Reference for the Digitisation Taskforce. On 19 July 2022, the Government announced that it would be taking forward Mark Austin’s Secondary Capital Raising Review (SCRR) recommendation to establish a taskforce driving forward full digitisation of shareholdings, led by an independent, neutral chair. The objectives of … Continue Reading

The Payment and Electronic Money Institution Insolvency (England and Wales) (Amendment) Rules 2022

On 20 July 2022, there was published The Payment and Electronic Money Institution Insolvency (England and Wales) (Amendment) Rules 2022. The instrument corrects drafting errors in the rules for the special administration procedure established in The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021. The instrument comes into force on 10 August … Continue Reading

Treasury Committee launches inquiry into crypto-assets

On 13 July 2022, the House of Commons’ Treasury Committee launched a new inquiry into crypto-assets. In this inquiry, the Committee will examine the potential risks and opportunities associated with the use of crypto-assets, their impact on social inclusivity and the possible need for regulatory change in the future. The Committee requests written evidence submissions … Continue Reading

FSB report on options to improve adoption of the LEI

On 7 July 2022, the Financial Stability Board (FSB) published a report exploring options to improve the adoption of the Legal Entity Identifier (LEI), in particular for use in cross-border payments. The report explores benefits that could accrue from the use of the LEI in cross-border payment systems and, in close coordination with the Global … Continue Reading

BIS report to G20 on interlinking payment systems and the role of application programming interfaces

On 8 July 2022, the Bank for International Settlements published a report to the G20 that aims to help payment system operators and authorities understand and evaluate the benefits, challenges and risks of interlinking arrangements. In doing so, it also provides an overview of important trends in interlinking arrangements and application programming interface (API) adoption … Continue Reading

FSB interim report on developing the implementation approach for the cross-border payments targets

On 7 July 2022, the Financial Stability Board (FSB) published an interim report on the approach for monitoring progress toward meeting the targets for the G20 Roadmap for Enhancing Cross-border Payments. The report provides preliminary recommendations about key performance indicators (KPIs) that could be used to monitor progress over time, and identifies existing and potential … Continue Reading

CryptoSprint outputs

On 29 June 2022, the FCA published the key themes emerging from its first policy-focused CryptoSprint events in May and June 2022. The main aim of the CryptoSprint was for the FCA to increase its understanding of emerging cryptoasset market practices and seek industry views on what an appropriate regulatory regime might look like. At … Continue Reading

SRTP Scheme Rulebook version 2.1

On 30 June 2022, the European Payments Council published the SEPA Request-to-Pay Scheme Rulebook version 2.1. This latest version of the Rule book, which contains operating rules and technical elements that allows payees to request the initiation of a payment from a payer in a wide range of physical or online use cases, has no … Continue Reading

PSR sets out plans to help UK retailers get better deals for card-acquiring services

On 29 June 2022, the Payment Systems Regulator (PSR) published its Provisional Decision concerning remedies following its review into the card-acquiring market. In particular, the PSR has set out proposed remedies being: Summary boxes containing bespoke key price and non-price information to be sent individually to each merchant and shown prominently in their online account … Continue Reading

EBA consults on technical standards on the identification of a group of connected clients

On 8 June 2022, the European Banking Authority (EBA) launched a public consultation on draft regulatory technical standards (RTS) on the identification of a group of connected clients (GCC). The definition of group of connected clients in the CRR provides for the identification of two or more natural or legal persons who are so closely … Continue Reading

HM Treasury consultation on managing the failure of systemic digital settlement asset firms

On 31 May 2022, HM Treasury published an open consultation seeking views on a regime to address the failure of a systemic digital settlement asset (DSA) firm. The government is taking a staged approach to cryptoasset regulation with the goal to create the conditions for issuers and service providers of stablecoins (used as a means … Continue Reading

Commission launches targeted consultation on the review of the PSD2 and open finance

On 10 May 2022, the European Commission launched a public consultation to gather evidence for the revised Payment Services Directive (PSD2) review and to inform its work on open finance. The Commission is seeking to identify whether the PSD2 has achieved its objectives and whether amendments are needed to ensure that its rules remain relevant. … Continue Reading

Regulation Tomorrow Plus podcast – HM Treasury’s response on the UK regulatory approach to cryptoassets, stablecoins and DLT

A new Regulation Tomorrow Plus episode covering HM Treasury’s response to its consultation on the UK regulatory approach to cryptoassets, stablecoins and DLT is out now to stream and download. In this episode Hannah Meakin and Albert Weatherill discuss various aspects of HM Treasury’s response including the possible impact that the proposed changes will bring … Continue Reading

EBA final report on the amendment of its technical standards on the exemption to SCA for account access

On 5 April 2022, the European Banking Authority (EBA) issued a final report on the amendment to the regulatory technical standards (RTS) on strong customer authentication (SCA) and secure communication under the revised Payment Services Directive (PSD2). The final report follows a consultation paper that the EBA published last March which set out proposed targeted … Continue Reading
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