Law Information Technology Law

Fintech: Law and Regulation, 3rd Edition

By Jelena Madir
Edward Elgar Publishing May 2024

Specifications

ISBN-13
9781035314744
Publisher
Edward Elgar Publishing
Publication
May 2024
Format
Hardback , 576 pages
Jurisdiction
International ? Countri(es) for reference only

Details

This fully revised and updated third edition provides a practical examination of legal and regulatory issues in FinTech, a sector whose rapid rise in recent years has produced opportunities for innovation but has also raised new challenges. Featuring insights from over 40 experts from 10 countries, this book analyses the statutory aspects of technology-enabled developments in banking and considers the impact these changes will have on the legal profession.

Key Features:

  • Three new chapters covering AI in the Financial Sector, Bank-FinTech Partnerships and Embedded Payments, and a Comparison of the Regulation of Cryptoasset Activities in Europe and the United States
  • Examination of potential blockchain and artificial intelligence applications in the financial services industry
  • Exploration of guidelines on data protection, payments, cybersecurity, central bank digital currencies, anti-money laundering, tokenisation and blockchain
  • Analysis of the main regulatory and compliance issues surrounding FinTech developments, from patenting challenges to innovative solutions, including regulatory sandboxes
  • Dissection of the EU''s Regulation on Markets in Crypto-assets and DLT Pilot Regime, the US''s Executive Order on Ensuring Responsible Development of Digital Assets, the UK''s Financial Services and Markets Act

Considering the benefits and risks of new types of financial technologies, this book will prove an invaluable guide for in-house and private lawyers interested in a comprehensive legal overview of the FinTech sector. It will also appeal to students and scholars of financial law, banking, and economics.

Table of Contents

Preface
1. Introduction: What is FinTech?
Jelena Madir
PART I Payments, alternative financing and cryptoassets
2. Adapting to a changing payments system
Ben Regnard-Weinrabe and Jane Finlayson-Brown
3. Crowdfunding platforms
Peter Chapman
4. Cryptoassets and initial coin offerings
Claude Brown, Tim Dolan and Karen Butler
5. Cryptocurrencies and central banks
Hubert de Vauplane
PART II Blockchain and distributed ledgers
6. Blockchain in financial services
Colleen Baker and Kevin Werbach
7. Smart contracts
Jelena Madir
8. Governing the blockchain: How to determine applicable law?
Harriet Territt
9. Liabilities associated with distributed ledgers: a comparative analysis
Dirk A. Zetzsche, Ross P. Buckley, Douglas W. Arner and Anton Didenko
10. Cybersecurity and blockchain
Patricia L. de Miranda
11. Privacy and blockchain
Daniel Cooper and Gemma Nash
PART III Regulation and compliance
12. RegTech and SupTech
John Ho Hee Jung
13. FinTech and TechFin: regulation of data-driven finance
Dirk A. Zetzsche, Ross P. Buckley and Douglas W. Arner
14. Regulatory sandboxes
Byungkwon Lim and Charles Low
15. Compliance and whistleblowing: How technology will change, empower and replace whistleblowers
Kieran Pender, Sofya Cherkasova and Anna Yamaoka-Enkerlin
16. Regulation of robo-advisory services
Lee Reiners
17. Patentability of FinTech inventions
Mirjana Stankovic
Part IV Technological innovations in legal services
18. Innovation process in law firms
Sophia Adams-Bhatti and Tara Chittenden
19. Future lawyers: How to stay up to date with the legal tech revolution?
Mark Fenwick, Wulf A. Kaal and Erik P.M. Vermeuler
Index

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