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FinTech: Law and Regulation

FinTech: Law and Regulation

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About the Book

This fully updated and revised second edition provides a practical examination of the opportunities and challenges presented by the rapid development of FinTech in recent years, particularly for regulators, who must decide how to apply current law to ever-changing concepts driven by continually advancing technologies. It addresses new legislative guidance on the treatment of cryptoassets and smart contracts, the European Commission’s Digital Finance Strategy and FinTech Action Plan, as well as analysing significant recent case law. Key features of the second edition include: Discussion of the impact of Brexit and the Covid-19 pandemic on the development and adoption of FinTech products Detailed treatment of a broad spectrum of legal and regulatory issues in the FinTech sector, featuring insights from 33 experts from 10 countries Examination of potential blockchain applications in the financial services industry, with a focus on smart contracts and regulatory challenges to widespread adoption Analysis of the key legal, regulatory and compliance issues surrounding FinTech developments in banking, payments and fundraising, from patents and robo-advice to novel solutions for supporting innovation such as regulatory sandboxes. Offering a thorough guide to the sector for practical use, this book will be invaluable for in-house lawyers as well as law firms looking for an overview of the legal and regulatory landscape of FinTech. It will also be an essential text for academics and students looking to understand the key issues in the field, as well as those interested in perspectives across the breadth of the sector.

Table of Contents:
Contents: Preface xxv 1 INTRODUCTION – WHAT IS FINTECH? 1 Jelena Madir PART I PAYMENTS, ALTERNATIVE FINANCING AND CRYPTOASSETS 2 ADAPTING TO A CHANGING PAYMENTS LANDSCAPE 23 Ben Regnard-Weinrabe and Jane Finlayson-Brown 3 CROWDFUNDING 64 Peter Chapman, updated by Simon Crown and Adam Robins 4 CRYPTOASSETS AND INITIAL COIN OFFERINGS 90 Claude Brown, Tim Dolan and Karen Butler 5 CRYPTOCURRENCIES AND CENTRAL BANKS 121 Hubert de Vauplane PART II BLOCKCHAIN AND DISTRIBUTED LEDGERS 6 BLOCKCHAIN IN FINANCIAL SERVICES 148 Colleen Baker and Kevin Werbach 7 SMART CONTRACTS 175 Jelena Madir 8 GOVERNING THE BLOCKCHAIN: WHAT IS THE APPLICABLE LAW? 199 Harriet Territt 9 LIABILITIES ASSOCIATED WITH DISTRIBUTED LEDGERS: A COMPARATIVE ANALYSIS 219 Dirk Zetzsche, Ross Buckley, Douglas Arner and Anton Didenko 10 CYBERSECURITY AND BLOCKCHAIN 242 Patricia L. de Miranda and Charles Kerrigan 11 BLOCKCHAIN AND PRIVACY 267 Daniel Cooper and Gemma Nash PART III REGULATION AND COMPLIANCE 12 REGTECH AND SUPTECH: THE FUTURE OF COMPLIANCE 291 John Ho Hee Jung 13 THE RISE OF TECHFINS: REGULATORY CHALLENGES 317 Dirk Zetzsche, Ross Buckley and Douglas Arner 14 REGULATORY SANDBOXES 340 Byungkwon Lim and Charles Low 15 COMPLIANCE AND WHISTLEBLOWING: HOW TECHNOLOGY WILL REPLACE, EMPOWER AND CHANGE WHISTLEBLOWERS 365 Kieran Pender, Sofya Cherkasova and Anna Yamaoka-Enkerlin 16 REGULATION OF ROBO-ADVISORY SERVICES 395 Lee Reiners 17 PATENTABILITY OF FINTECH INVENTIONS 420 Mirjana Stankovic PART IV TECHNOLOGICAL INNOVATIONS IN LEGAL SERVICES 18 THE INNOVATION PROCESS IN LAW FIRMS 440 Sophia Adams-Bhatti 19 FUTURE LAWYERS, DIGITAL SKILLS AND SELF-LEARNING 470 Mark Fenwick, Wulf A. Kaal and Erik P. M. Vermeulen Index 497


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Product Details
  • ISBN-13: 9781800375949
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 244 mm
  • No of Pages: 576
  • Width: 169 mm
  • ISBN-10: 1800375948
  • Publisher Date: 10 Dec 2021
  • Binding: Hardback
  • Language: English
  • Sub Title: Law and Regulation


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