March 2018

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ESMA updates on Investor Protection and Commodity Derivatives under MiFID II

The European Securities and Markets Authority (ESMA) has issued several updates regarding Investor Protection and Commodity Derivatives under MiFID II today. The first statement refers to its Questions and Answers (Q&As) on the Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR) regarding commodity derivatives topics. These Q&As provide clarification on issues related to the MiFIDII/MiFIR …

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EBA consults on complaints-handling to the new institutions under PSD2 and MCD

The European Banking Authority (EBA) launched today a public consultation to propose extending the scope of application of the existing Joint Committee (JC) Guidelines on complaints-handling to the new institutions established under the revised Payment Service Directive (PSD2) and the Mortgage Credit Directive (MCD). The proposal, which does not envisage any changes to the substance …

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European Regulator Prohibits Binary Options and Restricts CFDs

The European Securities and Markets Authority (ESMA) has agreed on measures on the provision of contracts for differences (CFDs) and binary options to retail investors in the European Union (EU). The agreed measures include: Binary Options – a prohibition on the marketing, distribution or sale of binary options to retail investors; Contracts for Differences – a …

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European Regulators weigh benefits and risks of Big Data

The Joint Committee of the European Supervisory Authorities (ESAs) published today its final report on Big Data analysing its impact on consumers and financial firms. Overall, the ESAs have found that while the development of Big Data poses some potential risks to financial services consumers, the benefits of this innovation currently outweigh these. Many of …

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GDPR – The Challenges and the Opportunity (Part 3): Organizations' obligation

In the second part of our guide to the GDPR and the advantages of RegTech, we have looked at aspect of the data subject rights as defined by the new rules. In the third and last part, we will look at the obligations for organizations and tell you about the challenges but also explain the …

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The Current State of Play of German Cryptocurrency Rules – Insights from the Government on ICOs, Blockchain and SmartContracts.

The German financial regulator BaFin recently published guidance with regard to the regulatory classification of ICOs as financial instruments, but the report left several questions unanswered. Thankfully for the close observer other sources can provide additional insights that help navigate the stormy waters that is ICO regulation. The German government recently published a response to an inquiry …

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International regulator focuses on protection of ageing investors

The Board of the International Organization of Securities Commissions (IOSCO) has published today a report that examines the growing vulnerability of ageing investors to financial fraud and other risks and identifies sound practices for enhancing their protection. The report states that an ageing population, whether due to declining fertility rates or rising life expectancy or …

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