Banking on Data

Banking on Data
Author: Scott Farrell
Publisher: Kluwer Law International B.V.
Total Pages: 258
Release: 2023-03-09
Genre: Law
ISBN: 940353186X

International Banking and Finance Law Series, Volume 37 Despite open banking’s broad emergence in a variety of jurisdictions and the ambition shared for the benefits it is to deliver, there is a distinct lack of detailed analysis of the legal features which are needed for it to be effectively established. This indispensable study is the first to analyse open banking’s legal foundations by reference to banking law rather than to privacy law or competition law. With a detailed focus on the mature open banking systems of Australia and the United Kingdom, including Australia’s Consumer Data Right, the book’s thoroughgoing legal perspective provides a comprehensive framework which can be used to evaluate and design open banking in any jurisdiction. The presentation proceeds through a comparison of the legal rights, responsibilities, and relationships under open banking systems with equivalent rights in traditional banking payment systems. This process clearly reveals and addresses such salient open banking and data-sharing issues as the following: what data should be shareable and who should be required to share data; how data should be shared and how rights to share data should be established; the role of data minimisation and the role of consent; how laws, standards, rules, and technology interact in an open banking system; how open banking fosters competition, innovation, and financial inclusion; how consumer protection can be included by design; management of quality and security of shared data; facilitation and regulation of participation; legal relationships and allocation of liability among participants; compensation for customers if something goes wrong; strategic challenges and opportunities; enforceability and insolvency; systemic efficacy and safety; and the role of trust. Also included is an assessment framework designed to categorise the risks which arise in open banking and other data-sharing systems. As a systematic appraisal of how banking law can be used to ensure the customer autonomy, data portability, recipient accountability and participant connectivity promised by open banking systems, the book’s legal perspective on the value of customer data will prove of inestimable value for lawyers in banking and finance, as well as for professionals in financial services or information technology.

Clearing and Settlement

Clearing and Settlement
Author: Dermot Turing
Publisher: Bloomsbury Publishing
Total Pages: 751
Release: 2021-02-12
Genre: Law
ISBN: 1526514982

The post-trading industry is one in which financial firms make money and one in which risk issues need careful management. Reliable payment, clearing and settlement structures are perceived to be essential to enable financial firms to withstand shocks. A great deal of the cost of trading and cross-border investment is attributed to the very complex process of clearing and settlement. This book describes and explains: 1. what happens in clearing and settlement, and the roles of (and risks assumed by) the various participants in the post-trade marketplace 2. the law applicable to infrastructures, how they are are regulated, and the other topographical features of their legal landscape 3. the legal and practical aspects of risk management and operations of infrastructures 4. the risks faced by participants in payment, clearing and settlement systems - the agent banks - along with practical and operational issues which they face in their roles. Fully revised, updates for the 3rd edition include: - Implications and impact of Brexit - CPMI and IOSCO paper on central counterparty default (CCP) management auctions - cyber-security and the resilience of financial market infrastructures (FMIs) and the wider market ecosystem.

Blackstone's Statutes on Contract, Tort and Restitution 2020-2021

Blackstone's Statutes on Contract, Tort and Restitution 2020-2021
Author: Francis Rose
Publisher:
Total Pages: 465
Release: 2020-08-06
Genre:
ISBN: 019886096X

Unsurpassed in authority, reliability and accuracy; the 2020-2021 edition has been fully revised and updated to incorporate all relevant legislation for contract and tort law courses. Blackstone's Statutes on Contract, Tort and Restitution is an abridged collection of legislation carefullyreviewed and selected by Professor Francis Rose.With unparalleled coverage of contract and tort law, Blackstone's Statutes on Contract, Tort and Restitution leads the market: consistently recommended by lecturers and relied on by students for exam and course use.Blackstone's Statutes on Contract, Tort and Restitution is:- Trusted: ideal for exam use- Practical: find what you need instantly- Reliable: current, comprehensive coverage- Relevant: content reviewed to match your courseOnline resourcesThe accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook

Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook
Author: Edward Jones
Publisher: Bloomsbury Publishing
Total Pages: 497
Release: 2019-09-06
Genre: Law
ISBN: 1526507013

The effect of a criminal record or arrest can be long-lasting and damaging. Setting out the steps that can help clients to navigate the effect of their criminal record, improve their job prospects, and protect against harmful disclosure of their private life. Criminal Records, Privacy and the Criminal Justice System: A Handbook is a primer on the law and available applications to be taken for clients relating to privacy, criminal records, historic convictions, and reputation management in the criminal justice sector. The authors guide you through the steps that can be taken to delete police records, challenge the content of criminal record certificates, expunge criminal cautions, and bring claims protecting the privacy and data protection rights of clients. As the only handbook of its kind, addressing public and private law claims under one title, this brand new book gives an holistic overview of the ways in which lawyers can help clients cope with the impact of the criminal justice system on their lives and reputations. As such, it is an essential guide for criminal and public law solicitors and barristers, law centres, CABs and PR firms.

Blackstone's Statutes on Commercial and Consumer Law 2020-2021

Blackstone's Statutes on Commercial and Consumer Law 2020-2021
Author: Francis Rose
Publisher: Oxford University Press, USA
Total Pages: 689
Release: 2020-08-06
Genre: Commercial law
ISBN: 0198860978

Celebrating over 30 years as the market-leading series, Blackstone's Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability, and authority, they remain first-choice for students and lecturers providing a careful selection of up-to-date legislation for exams and course use.

Fintech and Payments Regulation: Analytical Framework

Fintech and Payments Regulation: Analytical Framework
Author: Mr.Tanai Khiaonarong
Publisher: International Monetary Fund
Total Pages: 38
Release: 2020-05-29
Genre: Business & Economics
ISBN: 1513531492

Financial technology (Fintech) has prompted authorities to consider their potential financial stability benefits, risks, and effective regulation. Recent developments suggest that regulatory approaches and their legal foundations need to augment entity-based regulation with increasing focus on activities and risks as market structure changes. This paper draws on recent international experiences in modernizing legal and regulatory frameworks for payment services. An analytical framework based on a four-step process is proposed—(i) identifying payment activities; (ii) licensing entities and designating systems; (iii) analyzing and managing risks, and (iv) promoting legal certainty. As payment activities evolve and potential systemic risks heighten, adherence to international standards and additional regulatory requirements should be warranted.

The EEA Passport Rights (Amendment, Etc. , and Transitional Provisions) (EU Exit) Regulations 2018

The EEA Passport Rights (Amendment, Etc. , and Transitional Provisions) (EU Exit) Regulations 2018
Author: Great Britain
Publisher:
Total Pages: 32
Release: 2018-09-11
Genre:
ISBN: 9780111172421

Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1), sch. 4, para. 1, sch. 7, para. 21. Issued: 11.09.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1 (2) (3). Effect: 2000 c.8 modified & 1928 c.43; 1974 c.47; 1981 c.20; 1985 c.61; Housing Act 1985 c.68; 1986 c.53; 1988 c.28, c.52; 1992 c.5; 1993 c.8; 1997 c.27; 1998 c.11; 2000 c.29; 2001 c.24; 2003 c.43; 2007 c.29; 2008 c.31; 2010 c.38; 2011 c.25; 2012 c.7; 2016 c.7 & 50 SIs amended. Territorial extent & classification: E/W/S/NI. For approval by resolution of each House of Parliament

The Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018

The Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018
Author: GREAT BRITAIN.
Publisher:
Total Pages: 28
Release: 2018-10-11
Genre:
ISBN: 9780111173008

Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1). Issued: 11.10.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1 (2) (3). Effect: 2009 c.1; 2013 c.33; S.I. 2011/199; 2017/752 amended. Territorial extent & classification: E/W/S/NI. EC note: These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c), (e), (f) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union. With correction slip dated October 2018. For approval by resolution of each House of Parliament