Build a Comparative Guide

1.1

In broad terms, which legislative and regulatory provisions govern the fintech space in your jurisdiction?

1.2

Do any special regimes apply to specific areas of the fintech space?

1.3

Which bodies are responsible for enforcing the applicable laws and regulations? What powers do they have?

1.4

What is the regulators’ general approach to fintech?

1.5

Are there any trade associations for the fintech sector?

2.1

Which sub-sectors of the fintech industry have become most embedded in your jurisdiction?

2.2

What products and services are offered?

2.3

How are fintech players generally structured?

2.4

How are they generally financed?

2.5

How are they positioned within the broader financial services landscape?

2.6

Do start-ups generally outsource back office functions and is there a developed market for them to access? What are the legal implications of outsourcing?

3.1

How are the following key technologies in the fintech space regulated and what specific legal issues are associated with each? (a) Internet (e-commerce); (b) Mobile (m-commerce); (c) Big data (mining); (d) Cloud computing; (e) Artificial intelligence; and (f) Distributed ledger technology (Blockchain, cryptocurrencies)

4.1

How are the following key activities in the fintech space regulated and what specific legal issues are associated with each? (a) Crowdfunding, peer-to-peer lending; (b) Online lending and other forms of alternative finance; (c) Payment services (including marketplaces that route payments from customers to suppliers (eg, Uber and AirBnb); (d) Forex; (e) Trading; (f) Investment and asset management; (g) Risk management; (h) Roboadvice; and (i) Insurtech.

5.1

What is the applicable data protection regime in your jurisdiction and what specific implications does this have for fintech companies?

5.2

What is the applicable cybersecurity regime in your jurisdiction and what specific implications does this have for fintech companies?

6.1

What provisions govern money laundering and other forms of financial crime in your jurisdiction and what specific implications do these have for fintech companies?

7.1

Does the fintech sector present any specific challenges or concerns from a competition perspective? Are there any pro-competition measures that are targeted specifically at fintech companies?

8.1

How is innovation in the fintech space protected in your jurisdiction?

8.2

How is innovation in the fintech space incentivised in your jurisdiction?

9.1

What is the applicable employment regime in your jurisdiction and what specific implications does this have for fintech companies?

9.2

How can fintech companies attract specialist talent from overseas where necessary?

10.1

How would you describe the current fintech landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

11.1

What are your top tips for fintech players seeking to enter your jurisdiction and what potential sticking points would you highlight?