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W jednolitym zbiorze przepisów – obejmującym wszystkie przepisy UE regulujące instytucje finansowe – poświęca się niewiele uwagi ryzyku operacyjnemu związanemu z technologiami informacyjno-komunikacyjnymi (ICT). We wrześniu 2020 r. Komisja przedstawiła wniosek dotyczący rozporządzenia w sprawie operacyjnej odporności cyfrowej sektora finansowego (DORA), aby wprowadzić i zharmonizować kluczowe cyfrowe wymogi operacyjne w całej UE, tak aby zapewnić odporność operacji ICT w razie poważnych zakłóceń ...

Robo-advisors

Badanie 30-06-2021

This study analyses if and to what extent the current EU legal framework provides effective investor protection for customers of robo-advisors. It puts emphasis on structural conflicts of interests, the difficulties presented by the supervision of algorithms, and potential threats to the stability of the financial system. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on Economic and Monetary Affairs (ECON ...

Shadow banking is a form of bank-like intermediation where regulatory standards are looser than for regular banks. It includes money market funds and other funds using leverage, securities and derivatives dealers, securitisations, securities financing transactions and derivatives, as well as new players like digital lenders and stablecoins. We look at theoretical contributions and empirical data and suggest possible policy options. We recommend that rules be unambiguous and apply to all institutions ...

This paper studies the transformation that Artificial Intelligence (AI) is bringing to the financial sector and how this sector can contribute to developments of AI applications. The study addresses the contribution of AI to a more efficient, open, and inclusive financial sector and the challenges of the AI transformation, and it provides recommendations for policies and regulations of AI and financial services.

This paper updates and summarises earlier briefings on the Wirecard case, ahead of a public hearing on 23 March organised by the JURI and ECON Committees of the European Parliament. It also describes the most recent developments on the basis of information available in the public domain.

This briefing provides an analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying Commission proposals to strengthen digital operational resilience in the EU, which are part of the digital finance package. The IA would have benefited from a more balanced set of options, and it would have been useful to further clarify the arguments supporting the choice between options 2 and 3. The assessment of social impacts is very limited, and the competitiveness ...

The paper discusses the policy implications of the Wirecard scandal. The study finds that all lines of defense against corporate fraud, including internal control systems, external audits, the oversight bodies for financial reporting and auditing and the market supervisor, contributed to the scandal and are in need of reform. To ensure market integrity and investor protection in the future, the authors make eight suggestions for the market and institutional oversight architecture in Germany and in ...

While multiple causes underpin accounting scandals such as Wirecard, they often point at deficiencies in the audit profession and its oversight. Currently, the system of national public audit oversight boards (POBSAs) is fragmented and overly complex, characterized by limited responsiveness to red flags, and apparent lack of communication among the POBSAs, and with other supervisors. This suggests supervisory coordination and clear action triggers are imperative. Importantly, pervasively low transparency ...

Beginning with a discussion of the Wirecard case, this study highlights several lessons for the regulation and supervision of Fintech companies. Innovation in the financial industry brings both efficiency gains and new risks. To balance these two elements, regulators need a deep understanding of Fintech’s technologies and business models. Because Fintechs can be very complex companies, there is a need for an approach combining the oversight of both entities and activities. The global scope of Fintech ...

The original full study analyses the design and operation of regulatory sandboxes and innovation hubs as part of jurisdictions’ regulatory response to financial innovation, focusing on the models adopted in the EU and the EFTA countries. This document was prepared by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the Committee on Economic and Monetary Affairs (ECON).