UK FCA Consults on Changes to Strong Consumer Authentication, Dedicated Interfaces, and Guidance on Payment Services
On January 28, 2021, the UK Financial Conduct Authority (FCA) published Consultation Paper CP21/3, “Changes to the SCA-RTS and to the guidance in ‘Payment Services and Electronic Money – Our Approach’ and the Perimeter Guidance Manual” (Consultation Paper). This follows the FCA’s announcement in its 2020-21 business plan that … Read More
A Digital Europe – Digital Health and other Recent EU Data Initiatives
Taking a step into the digital age, the European Commission announced that the 2020s shall become the EU’s Digital Decade. The EU’s digitalization, including in the area of health, is one of the Commission’s key priorities and covers a wide range of actions and related initiatives.
Building on prior initiatives, … Read More
U.S. Office of the Comptroller of the Currency Finalizes Fair Access Requirements
On January 14, 2021, the U.S. Office of the Comptroller of the Currency (OCC) issued its controversial final rule (Rule)1 to establish a new requirement for covered banks to provide “fair access” to financial services to both natural persons and legal entities.2 The preamble to the Rule explains … Read More
FinCEN Proposes Tracking and Reporting Virtual Currency Transactions Involving Unhosted Wallets
On December 18, 2020, the Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (NPR) regarding a proposal to impose on banks1 and money service businesses (MSBs) new recordkeeping, reporting, and identity verification requirements in relation to certain transactions involving convertible virtual currency (CVC) or digital assets … Read More
Five Sidley Practices Recognized as Law360 “Practice Groups of the Year”
Sidley was named to Law360’s 2020 “Practice Groups of the Year” in five categories:
- Compliance
- Fintech
- International Arbitration
- International Trade
- Structured Finance
With an eye toward landmark matters and general excellence, the annual awards honor the law firms behind the litigation wins and major deals that resonated throughout the … Read More
Big Data: Legal and Compliance Considerations for Investment Managers
Sidley Partners Nathan J. Greene and Colleen Theresa Brown are co-authors of a new chapter of the PLI treatise Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law focusing on legal and compliance considerations for use of Big Data. The chapter examines the expanding range of topics facing … Read More
Introducing Sidley’s Blockchain Legal Launch Pad
Adoption of blockchain and distributed ledger technology has the potential to revolutionize business and business practices in ways not seen since the advent of the internet and e-commerce.
Whether you are directly responsible for researching, developing, or implementing new blockchain initiatives, or you are executive management and need a more … Read More
SEC Issues No-Action Letter for Certain Alternative Trading Systems Trading Digital Asset Securities
On September 25, the U.S. Securities and Exchange Commission (SEC)’s Division of Trading and Markets issued its first no-action letter (Letter) to the Financial Industry Regulatory Authority, Inc. (FINRA),1 related to digital asset securities. Based on the Letter, the SEC staff (Staff) would not recommend enforcement action pursuant to … Read More
Partnering With Tech and Fintech Firms: Key EU/UK Regulatory Considerations for the Payments Sector
There has been a rapid increase in collaboration between fintechs and other technology firms and more traditional payment service providers (PSPs) such as banks, merchant acquirers, and money transmitters. While fintechs and technology firms are often seen as direct competitors of traditional PSPs, in a market driven by innovation, both … Read More
NYDFS Announces a Series of Virtual Currency Initiatives
On June 24, 2020, the New York State Department of Financial Service (NYDFS) announced a series of virtual currency initiatives aimed at providing additional opportunities and clarity for BitLicense and limited-purpose trust company applicants and licensees. These initiatives include:
- A proposed framework for obtaining a conditional BitLicense when partnering with