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UK stablecoins regulatory regime: FCA and Bank of England publish proposals

Following HM Treasury’s October 2023 policy update on plans for regulating stablecoins, the Bank of England (Bank) and the Financial Conduct Authority (FCA) have published discussion papers providing more details on aspects...more

UK Government policy updates: Regulation of fiat-back stablecoins and failure of systemic DSA firms

On 30 October 2023, the UK government published an update on its legislative approach for regulating fiat-backed stablecoins, following on from its consultation on the UK regulatory approach to cryptoassets and stablecoins in...more

The Payments Newsletter including Digital Assets & Blockchain, October 2023

Key developments of interest over the last month include: the FCA publishing key findings from its multi-firm review of payment account providers’ systems and controls against money mule activity; ESMA clarifying the timeline...more

EU distance marketing of financial services contracts: New Directive finalised

The EU has adopted the final text of a Directive concerning financial services contracts concluded at a distance which repeals the current Distance Marketing of Financial Services Directive and transfers the consumer...more

UK FCA publishes key findings on tackling money mule activities

The FCA has published the key findings from its multi-firm review of payment account providers’ systems and controls against money mule activity (ie where someone is recruited by criminals to move illegally obtained money)....more

UK Open Banking: Open Banking Limited publishes two data collection frameworks

Open Banking Limited (OBL) has published two data collection frameworks for approval by the Joint Regulatory Oversight Committee (JROC), one for API availability and performance (under the theme ‘Levelling up availability and...more

EU consumer credit legislation in the digital era: Council of EU adopts CCD II

The EU has adopted the final text of the Directive on consumer credits to revise and replace the Consumer Credit Directive (2008/48/EC) (CCD II). The next step will be publication in the Official Journal of the EU and then...more

UK “de-banking”: Latest UK government and FCA developments

Following the publication in July 2023 of a policy statement on payment service contract termination rules and freedom of expression, HM Treasury (HMT) has now published a further statement on implementation, timings and next...more

APP fraud: UK PSR consults on specific direction to FPS participants on reimbursement requirement

The European Commission has just published its current thinking on green mergers. Recognizing that competition law must play its part in achieving the European Green Deal, the Commission sets the scene and explains how its...more

The Payments Newsletter including Digital Assets & Blockchain, September 2023

Key developments of interest over the last month include: the UK Payment Systems Regulator consulting on a specific direction to Faster Payments participants on its new APP fraud reimbursement requirement; the U.S. Federal...more

The Payments Newsletter including Digital Assets & Blockchain, August 2023

Key developments of interest over the last month include: Germany’s Ministry of Finance asking industry groups for feedback on the EU PSD3/PSR legislative proposals; the UK Payment Systems Regulator consulting on the consumer...more

APP fraud: UK PSR consults on gross negligence and reimbursement limit for reimbursement requirement

The Payment Systems Regulator (PSR) has published two consultations on the new mandatory reimbursement requirement for authorised push payment (APP) fraud victims. The first sets out a draft policy document and guidance for...more

UK payments regulation and the systemic perimeter: HM Treasury consultation response published

HM Treasury has published the response to its July 2022 consultation and call for evidence on payments regulation and the systemic perimeter. HMT proposes the following next steps: extend the scope of the Bank of England’s...more

UK FCA Cash Savings Market Review report: Putting the Consumer Duty into action

With its Consumer Duty now in force for new and existing products or services open to sale or renewal, the FCA is not letting the grass grow under its feet. It has published its expected Cash Savings Market Review report and...more

The Payments Newsletter including Digital Assets and Blockchain, July 2023

Key developments of interest over the last month include: the European Commission’s publication of legislative proposals including for PSD3, a Payment Services Regulation and a digital euro; the UK Chancellor of the Exchequer...more

UK cost-of-living crisis: FCA wants to see accelerated progress on fair and competitive savings rates

As part of a June 2023 action plan between the UK government and key regulators to ensure fair treatment of consumers and help those struggling to make payments, the FCA has agreed to focus on the savings market, with a...more

Payments aspects of UK Mansion House reforms

In his Mansion House speech on 10 July 2023, the Chancellor of the Exchequer Jeremy Hunt referred to further planned reforms - the ‘Mansion House reforms’ - that build on December 2022’s Edinburgh Reforms. This is all part of...more

APP fraud: UK PSR consults on implementing instruments for mandatory reimbursement requirement

Following Royal Assent for the Financial Services and Markets Act 2023, the Payment Systems Regulator (PSR) has wasted little time in launching a consultation on the three legal instruments that will implement its policy on...more

UK Consumer Credit Act 1974: HM Treasury responds to first stage consultation on reform

HM Treasury has published its response to the first-stage consultation on the strategic approach to reforming the Consumer Credit Act 1974 (CCA), described in the response as ‘an ambitious overhaul’ of the regime. The...more

UK cost-of-living crisis: new Government/FCA measures to help consumers with savings and mortgages

The UK government has agreed a new action plan with key regulators, including the FCA, to ensure consumers (particularly those with vulnerabilities) are being treated fairly and help those struggling to make payments. The FCA...more

Evolution not revolution: European Commission publishes financial data access and payments package

As part of the European Commission’s 2020 Retail Payments Strategy and following its 2022 review of PSD2 and related consultations, it has published legislative proposals to improve the functioning of PSD2. The first is for a...more

EBA finds ineffective management of EU payments firms’ money laundering/terrorist financing risks

Following its 2022 assessment of money laundering (ML) and terrorist financing (TF) risks in the EU payment institutions (PIs) sector, the European Banking Authority (EBA) has published a report on its findings. Among other...more

The Payments Newsletter including Digital Assets & Blockchain, May/June 2023

Key developments of interest over the last two months include: the UK PSR publishing a policy statement on its new reimbursement requirement to fight APP fraud; the Australian government confirming its strategic plan for the...more

APP fraud: UK PSR confirms introduction of ‘world first’ reimbursement requirement

The Payment Systems Regulator (PSR) has published a policy statement on its new reimbursement requirement to fight authorised push payment (APP) fraud. Subject to a few exceptions (eg removal of the minimum threshold for...more

UK Open Banking: JROC sets out next steps to take recommendations forward

Following the publication in April of its recommendations for the next phase of Open Banking in the UK, the Joint Regulatory Oversight Committee (JROC) has now set out an ‘ambitious programme of work’ to take those...more

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