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Short Course on Regulating the Digitisation of the Financial Services Market ('FinTech') (8–12 April 2024)

 
The legal framework for global technology-enabled structural change

All speakers have been a privilege to listen to and benefit from their experience. Thank you!

This course considers the re-shaping and re-conceptualisation of significant parts of financial regulation and supervision, necessary to enable and control contemporary and future ways to provide and use financial services and products. It will enable participants to chart the extended boundaries of regulation and supervision affecting financial services, put relevant legislative projects into context and develop strategies on how to implement changes to the regulatory framework of financial services in practice. 

Venue: LSE Law School, LSE Campus (central London, limited places)

Remote participation via videoconference admitted (limited places)

Course fee: £4,000.00

Faculty

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Philipp Paech is an Associate Professor of Law at LSE and has been an educator, researcher, and policy consultant specialising in the regulation and law of financial services for over 20 years. Since 2017, he has focused on the regulation of Digital Finance. He served as the chair of an EU Commission expert group on this subject (‘ROFIEG’), and the group's recommendations became a foundational document for the EU Digital Finance Strategy. Philipp teaches and conducts research at the London School of Economics and Political Science, where his educational portfolio includes master's courses in International Financial Regulation, International Financial Law and Digital Finance. Philipp is a Distinguished Global Professor of Law at Notre Dame University in the USA and is an attorney-at-law in Frankfurt, Germany. He consults for institutional clients in London and Frankfurt. His clients include the UK Foreign and Commonwealth Office, Santander, BVBA, the Central Bank of Ireland, and the European Parliament and the European Central Bank. 


 

 
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Elisabeth Noble is a Senior Policy Advisor and Team Leader at the European Banking Authority. She leads the EBA’s work on crypto-assets, DLT, and the platformisation of financial services and is the EBA coordinator for the European Forum for Innovation Facilitators. She represents the EBA in EU and international standard-setter policy work streams relating to FinTech, market-based finance, financial system interconnectedness, market access and the regulatory perimeter. Prior to joining the EBA, Elisabeth was at the UK’s finance ministry (2008-14) advising primarily on the response to the financial crisis and the post-crisis domestic and EU regulatory reforms, including the reforms to the regulatory architecture in the EU (Banking Union). Elisabeth has also spent some time in the private sector. Her current research interests relate to data access and competition metrics, platformisation and financial sector interconnectedness, and what she describes as ‘the next generation of financial conglomerates’ (new mixed activity groups, including BigTechs).


 

 
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Caroline Leeds Ruby is a PhD candidate at the LSE Law School specialising in the regulation for responsible AI use in the financial sector. She was a partner for 20 years at the global law, firm Shearman & Sterling LLP specialising in finance and restructuring. Her clients included many of the leading financial institutions and corporations, such as JP Morgan, Bank of America and Coca Cola, as well as international technology companies. She was ranked as a leading practitioner in the main legal directories. Caroline retired from her partnership to pursue academic interests, including to complete a masters degree in AI Ethics and Society at Cambridge University.  She also participated in a recent UK government consultation on AI governance. Caroline is a qualified English solicitor and insolvency practitioner. She has spoken at a number of conferences and events and taught on in-house and post-graduate law courses.

 

Course Manager

Amanda Tinnams

Ms Amanda Tinnams, LSE Law School, manages our Short Courses with over twenty years' experience in the role.

 

How to apply

This course is open to participants with a minimum of three years of professional experience related to the financial services.

 

Attending the April 2024 course

If you would like to attend the 8–12 April 2024 course, then please complete this registration form.

Please complete the form and send to A.Tinnams@lse.ac.uk. Please note that available places (on campus and remote) are limited to enable optimal learning results.


Your LSE Law School certificate

Participants will earn an official LSE Law School certificate after successful completion of the course. A minimum attendance rate of 8/10 modules is expected.

Topics 

  • Mapping financial services regulation
  • Regulation as inhibitor and driver of technological innovation
  • Neo-banking and platform-linked financial services
  • EU Digital Services Act and Digital Markets Act, Data Act, emerging UK regime
  • Outsourcing and cloud services
  • EU Digital Operationalal Resilience Act
  • Regulating the digital asset market
  • Issuer regimes and VASP regimes 
  • AML and investor protection in digital asset markets
  • The EU, US and UK approaches to digital asset regulation
  • Regulating bank exposures to digital assets
  • CBDC policy drivers and design choices
  • Ethical and stability questions of AI-based financial services

What will I learn?

The course shall enable participants from all jurisdictions to understand, put into context and use the main techniques of financial regulation in the context of the rapidly changing financial market. The further development of the current ‘hot topics’ is an on-going international exercise, and this course enables participants to participate in the relevant debates and understand and shape their home regulatory regime. The combination of general approach and more specialised subject matters will enable participants to navigate through the panoply of existing and projected financial regulation without the necessity to cut through the thicket of very technical provisions. The three key aims of this course are, accordingly:

  • Introducing participants to the main theoretical foundations of regulating the increasingly digitized financial services market, including the resulting structural changes, so that they understand the ‘why’, ‘how’ and ‘who’, regardless of what concrete regulatory issue they will be looking at in the future.
  • Exploring the most important policy areas in the field of regulation of the digitized financial market, all of which are undergoing fundamental overhaul in light of the current market developments.
  • Enabling participants to follow and shape the debate around how to regulate digital financial services, be it their role in the financial sector, as legal practitioner, central banker, policy maker, researcher or NGO-representative

Teaching schedule

Module 1

Digital Financial Services and the Principles of Regulating Financial Markets

  • Regulatory rationales
  • Changes in market practice in search of higher market efficiency
  • Economic functions of products and services
  • Regulation as inhibitor and driver of market change

Module 2

The Role of Technology in Providing Financial Services

  • Actors, activities and technologies
  • Past evolutionary phases
  • Enabling technologies (API, Cloud, etc)
  • Transformative technologies (AI, Blockchain)
  • Technology design and distribution of financial products and services

Module 3 

Regulating neo-banking and platform-linked financial services

  • Diversification, specialisation, re-aggregation
  • BigTech, datafication and platformisation
  • The triangle of financial regulation, competition law and privacy rules
  • Limits of the activities and entities-based models
  • New regulatory and supervisory approaches
  • EU DSA and DMA, Data Act, emerging UK regime

Module 4

Regulating the provision of technical infrastructure

  • Internet as infrastructure
  • Outsourcing and cloud services
  • Systemic stability and new forms of interconnectedness
  • Regulating the back end?
  • DORA, DMA, DSA, emerging UK regime

Module 5   

Data sharing in financial services - from open finance to open data?

  • Rationales for data sharing
  • Safeguards for data subjects
  • Impact on competitive landscape
  • Case studies: PSD2 and the (2023) proposal for a framework for Financial Data Access

Module 6

Mapping the market for digital assets

  • Traditional holding patterns and their legal and regulatory framework
  • Promises of blockchain/DLT as novel database technology
  • Current market practices in issuance and asset servicing
  • Mutual governance and decentralised finance (DeFi) models
  • Regulatory models: issuer-regimes and VASP-regimes

Module 7

Regulating the digital asset market

  • Regulatory rationales and the digital asset market
  • Regulatory rationale I: anti-money laundering and counter terrorist financing
  • Regulatory rationale II: consumer and investor protection
  • Regulatory rationale III: market efficiency

Module 8

Regulating the digital asset market (continued)

  • Regulatory rationale IV: preserving monetary policy and systemic stability
  • The ‘special case’: so-called stablecoins
  • Comparative analysis EU, UK, US
  • The work of international standard-setters (BCBS, CPMI, FSB)
  • Decentralised finance: The challenge of ‘true DeFi’

Module 9

Central bank digital currencies (CBDC)

  • Policy drivers
  • Design choices and distribution models
  • Constitutional issues and the central bank mandate
  • Monetary policy interdependencies
  • Data privacy challenges 

Module 10

Ethical and stability questions of AI-based financial services

  • AI as transformative technology: markets
  • Discrimination and the black box
  • AI as transformative technology: regulation and supervision (RegTech, SupTech)
  • Machine-adapted regulation
  • AI and Financial Stability
  • EU: AI Act, emerging UK regime

Course background

This course concerns the regulation of the digital provision of financial services and the resulting structural market changes. Digitisation is becoming the norm, increasingly being combined with services provided by non-traditional financial market participants, such as giant technology companies. Simultaneously, society increasingly recognises the mechanisms of the financial markets as an enabler for the transformation towards a more sustainable economy. This leads to a situation in which regulation must accommodate structural market change with all associated risks and opportunities, while at the same time the rationales for regulation being extended to cover environmental, social and governance aspects.

In a first part, the course explores general axioms that underly financial regulation of digital finance. In its second part, the course will turn to concrete policy areas, notably regulating structural changes (in particular platformisation, BigTech and new types of infrastructure), regulating issuance of and services relating to digital assets, issuance of central bank digital currencies, and addressing ethical questions of the use of AI in financial services.

The course is internationally oriented and is based on the use of case studies from around the globe. It draws most legal and policy content from standards set by the global committees (FSB, Basel, CPMI, etc.) and from the rules adopted in the EU and the UK, with comparisons to the regulatory debate in the PRC and USA, without focusing in detail on any specific jurisdiction. 

FAQs

How can I apply, and how long will it take to process my application?

Please submit your registration form to Amanda Tinnams: A.Tinnams@lse.ac.uk. The application form will be processed asap.

How to pay for the course  

Please specify on the registration form who the invoice should be addressed to supplying a Purchase Order number if required. Once full payment has been received your place on the course will be confirmed.  

Course timings

Delivery of the Short Course will be from 10am until 5pm daily.

Will I receive documentation?

You will receive a pack of annotated slides for each module for you to take home.

What are the teaching times?

The course day will run from 10am – 5pm with one hour for lunch.

How do I get to the teaching room?

A campus map and room details will be provided.

Will there be food and drinks?

Refreshments will be provided throughout the day with a one hour lunch break

What if I have special needs or dietary requirements?

Please notify Amanda Tinnams, email: A.Tinnams@lse.ac.uk

Does LSE provide accommodation?

No, but LSE Accommodation may be able to assist. For further information, please contact: Samantha Da Costa, email: residences.faculty.accommodation@lse.ac.uk

Getting to LSE  

For further information, please use the weblink: https://www.lse.ac.uk/lse-information/travelling-to-lse

Cancellation policy

You may make a substitution, giving your place to a colleague, without charge, at any time before the start of the course but all cancellations must be confirmed in writing to Amanda Tinnams, (email A.Tinnams@lse.ac.uk). Cancellations received more than four weeks prior to the start of the course are not subject to any penalty. Cancellation received after that time incur the following penalties: two to four weeks 50% of the course fee, less than two weeks 100% of the course fee. If written notification is not received and you do not attend, the full course fee will be retained as a cancellation charge.

Course Administration

Please contact A.Tinnams@lse.ac.uk for any enquiries.