By Rob Fulcher, Head of Business – Americas, CUBE
Regulatory overlaps are an ongoing, perplexing and often time-consuming anomaly. They occur where multiple market regulators act disjointedly in their attempt to address a market failure, thereby imposing different regulatory requirements with contradictory or overlapping obligations. For financial institutions, this can be problematic: which regulation should take precedence? Will they face punitive action for neglecting one obligation in favour of another?
Following the global financial crisis of 2008, a swathe of new policies and acts came into force with a view to protecting the system and essentially preventing another market crash. Inevitably, this led to a host of new regulations, some of which created overlaps and inconsistencies. In turn, this leads to inefficiencies and misunderstandings as businesses endeavour to comply with all and every regulation, often finding themselves at a stand-off.
Financial institutions – especially the compliance team – are desperate for regulatory clarity. However, in many cases, it is not forthcoming. Regulatory clarity is not, it seems, high on the regulator’s agenda. A recent report by CUBE, RegTech for Regulatory Change, in association with Burnmark, explored the evolving landscape of regulatory overlaps. We now delve deeper into this topic to ask, ‘what is the solution?’
GDPR, PSD2 and MiFID II – to collect or protect data?
One notorious regulatory overlap that causes consistent headaches for financial institutions is that between GDPR and PSD2.
While GDPR gives individuals greater control over their data and restricts the freedoms of organisations to share it, PSD2 imposes data sharing requirements on ﬁnancial service providers. It is up to the banks to ensure that correct policies and procedures are in place so as to comply with both pieces of legislation. This is not often an easy task considering their almost diametrically opposite aims.
The same can be said for the regulatory rules that surround both MiFID II and GDPR – two pieces of legislation filled with inherent contradictions. While the former focuses on consumer protection through transparency and retaining more information about the investor community; the latter is concerned with data protection and limiting the access to investor data if so desired by the owner of the data and giving investors the right to be forgotten.
Data privacy and AML – data sharing can only go so far
Data is a commodity – compared often to crude oil. For financial institutions, data is not only part of ongoing business functions, but it also holds potential for manipulation, misinformation or illicit activity. Surprisingly, the value of data has only truly been realised in recent years. In turn, we have seen a swathe of money laundering and data protection activity – leading to new and amended regulations to bolster data protections and simultaneously impose supervisory requirements to avoid money laundering. Global banks are ﬁnding it challenging to comply with one without compromising on the other.
Multinational banks often ﬁnd themselves walking a tight rope between trying to meet data privacy requirements and simultaneously meeting those surrounding anti-money laundering (AML). For example, banks in the US are forbidden from sharing Suspicious Activity Reports (SARs) with foreign branch counterparts due to disclosure restrictions, thereby making it diﬃcult to implement a group-wide compliance program.
Regulatory overlap in the US
The US has a long-established, complicated and often fragmented regulatory structure. Signiﬁcant and costly overlaps exist across the board, especially between the Oﬃce of the Comptroller of the Currency (OCC) and the Federal Reserve System’s data collection activities, along with its supervision and examination activities. Consumer protection is conducted by six US regulators, which naturally results in overlaps, duplication and confusion.
Similarly, the US Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC) and state securities regulators oversee securities and derivatives markets, leading to similar concerns of overlaps and fragmentation. Swaps and security-based swap products face the supervision of SEC and CFTC and market participants have made it known that this leads to signiﬁcant market and operational challenges.
Regulatory overlap is not new – nor is there a clear solution. We have occasionally heard tales of compliance team members writing to regulators to request clarification, often to no avail. In the meantime, financial institutions must take steps to implement all relevant regulations where they can and mitigate risks where they are not able.
Regulatory technology (RegTech), especially automated change management platforms such as CUBE, highlight overlaps and alert compliance teams where issues or inconsistencies arise. For now, this is the most effective means of managing unclear regulations.
Ultimately, the answer lies with financial regulators themselves. While uncertainty exists, regulators must issue guidance and expectations in order to standardise approaches across the industry. The ideal outcome is undoubtedly founded in collaboration: regulators across sectors, industry and jurisdictions should collaborate to ensure that legislative changes are consistent and do not tread on the toes of the other. With the emergence of new technology – and related new regulation – many regulators are calling for a joined-up approach and looking to work together in their supervisory goals. Perhaps collaborative, unambiguous financial regulators aren’t so far away after all.
Rob has 20 years’ experience in financial services sales and management. Following his early sales career at Euler Hermes, a global credit insurance business, Rob went on to establish a 15-year career in GRC. Initially working in London at Complinet, a compliance and risk business, Rob subsequently relocated to New York. In 2010, Complinet was acquired by Thomson Reuters and Rob played a pivotal role in growing GRC revenues, especially relating to regulatory change management. As Head of Sales Americas for CUBE, Rob re-built the sales team and consistently out-performed all other regions.
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U.S. inauguration turns poet Amanda Gorman into best seller
WASHINGTON (Thomson Reuters Foundation) – The president’s poet woke up a superstar on Thursday, after a powerful reading at the U.S. inauguration catapulted 22-year-old Amanda Gorman to the top of Amazon’s best-seller list.
Hours after Gorman’s electric performance at the swearing-in of President Joe Biden and Vice President Kamala Harris, her two books – neither out yet – topped Amazon.com’s sales list.
“I AM ON THE FLOOR MY BOOKS ARE #1 & #2 ON AMAZON AFTER 1 DAY!” Gorman, a Los Angeles resident, wrote on Twitter.
Gorman’s debut poetry collection ‘The Hill We Climb’ won top spot in the online retail giant’s sale charts, closely followed by her upcoming ‘Change Sings: A Children’s Anthem’.
While poetry’s popularity is on the up, it remains a niche market and the overnight adulation clearly caught Gorman short.
“Thank you so much to everyone for supporting me and my words. As Yeats put it: ‘For words alone are certain good: Sing, then’.”
Gorman, the youngest poet in U.S. history to mark the transition of presidential power, offered a hopeful vision for a deeply divided country in Wednesday’s rendition.
“Being American is more than a pride we inherit. It’s the past we step into and how we repair it,” Gorman said on the steps of the U.S. Capitol two weeks after a mob laid siege and following a year of global protests for racial justice.
“We will not march back to what was. We move to what shall be, a country that is bruised, but whole. Benevolent, but bold. Fierce and free.”
The performance stirred instant acclaim, with praise from across the country and political spectrum, from the Republican-backing Lincoln Project to former President Barack Obama.
“Wasn’t @TheAmandaGorman’s poem just stunning? She’s promised to run for president in 2036 and I for one can’t wait,” tweeted former presidential candidate Hillary Clinton.
A graduate of Harvard University, Gorman says she overcame a speech impediment in her youth and became the first U.S. National Youth Poet Laureate in 2017.
She has now joined the ranks of august inaugural poets such as Robert Frost and Maya Angelou.
Her social media reach boomed, with her tens of thousands of followers ballooning into a Twitter fan base of a million-plus.
“I have never been prouder to see another young woman rise! Brava Brava, @TheAmandaGorman! Maya Angelou is cheering—and so am I,” tweeted TV host Oprah Winfrey.
Gorman’s books are both due out in September.
Third on Amazon’s best selling list was another picture book linked to politics and projecting hope: ‘Ambitious Girl’ by Vice-President Kamala Harris’ niece, Meena Harris.
(Reporting by Umberto Bacchi @UmbertoBacchi, Editing by Lyndsay Griffiths. Please credit the Thomson Reuters Foundation, the charitable arm of Thomson Reuters, that covers the lives of people around the world who struggle to live freely or fairly. Visit http://news.trust.org)
Why brands harnessing the power of digital are winning in this evolving business landscape
By Justin Pike, Founder and Chairman, MYPINPAD
Delivery of intuitive, secure, personalised, and frictionless user experiences has long been table stakes in digital commerce, well before the era of COVID-19. As businesses harness the revolutionary power of digital technologies, they have pursued large-scale change to adapt to evolving consumer preferences (some more successfully than others, but that’s a blog for another day). Digital transformation is a term we hear repeatedly, and it looks different for each organisation, but essentially, it’s about utilising technology and data to digitise, automate, innovate and improve processes and the customer experience across the entire business.
As I said, this was already well underway but then came 2020 and no industry escaped the disruption of the coronavirus outbreak, which has had an indelible impact on businesses performance, operations, and revenue. Regardless of whether the impact of COVID has been very positive or very challenging, it has forced organisations globally to re-evaluate and re-orient strategies to adapt.
As lockdowns and pandemic-related restrictions continue to change daily life, this raises the question of how we can balance a dramatic shift to digital and the benefits it brings, while ensuring business continuity and innovation both during and post-COVID, and protecting everyone against fraud?
Digital is an essential survival tool, and even more so in a COVID world
No one could have predicted the dramatic digital pivot that has taken place over this year. Indeed, within weeks of the COVID outbreak cash usage in the UK dropped by around 50%. Digital solutions including delivery applications, contactless payments, mobile commerce, online and mobile banking have become essential components of a touchless customer experience in the era of social distancing. It’s no longer just about an enhanced and superior customer experience, it’s also about health, safety and survival.
In store, businesses have benefited from contactless payments enabling faster throughput and reduced need for consumers to touch payment terminals (therefore requiring greater cleaning, which degrades the hardware much faster). Mastercard reported a 40% increase in contactless payments – including tap-to-pay and mobile pay – during the first quarter of the year as the global pandemic worsened. Digital has also become an essential sales channel for many B2C brands. Where brick and mortar stores have been required to close, digital commerce enables continuity of customer relationships and revenue. This channel also provides brands with rich customer data, which can be used to enhance and personalise the customer experience and typically results in greater levels of engagement and uplifts in revenue.
Industry forecasts estimate that worldwide spending on the technologies and services enabling digital transformation will reach GBP 1.8 trillion in 2023 – a clear indication that the process represents a long-term investment and a global commitment to digital-first strategy. The key point here is that digital brings significant benefits, and regardless of COVID, is here to stay.
The challenges that rapid digital transformation brings to businesses
Regardless of whether businesses are operating in developed or less-developed economies, these times of crisis have levelled the playing field in the sense that all businesses are facing similar issues. Access to products and supplies, maintaining customer relationships, accelerating sales for some and declining sales for others, health and hygiene are just a few of the unique challenges brought about by COVID.
Many businesses in physical environments have had to swiftly implement changes to significantly reduce safety risks for staff and customers, such as contactless payments, mobile ordering and delivery options. But with these changes come a host of other benefits of digitisation, such as faster transactions, and reduced human error at the point-of-sale.
The reliance on technology, however, can also expose organisations and consumers to certain vulnerabilities. In particular, the risks of fraud and cybercrime have dramatically increased since the onset of the pandemic as scammers have taken advantage of digital technologies to target both businesses and individuals.
As a McKinsey report illustrates, new levels of sophistication in the activities of fraudsters have placed more pressure on companies that have been previously slow to go digital, bringing “into sharp relief how vulnerable companies really are”, and damaging the financial health of small and large businesses. In fact, the Bottomline 2020 Business Payments Barometer reveals that only one in 10 small businesses across the UK report recovering more than 50% of losses due to fraud.
But take these stats with a grain of salt. While it is important to be aware of the risks and challenges this new business landscape brings, it’s equally as important to have a lens firmly across your own business, industry and audience, and to identify the changes you can make internally to mitigate risk as well as improve your customer experience. Where can you make some quick wins? Do you have the right skillsets internally to achieve what you need to achieve? What technology is out there that will enable your business goals? There are tech companies like MYPINPAD that are making huge strides in software development, which will transform businesses globally.
A digital world post-COVID
Almost a year in, the line between business success and failure remains fragile. However, an ongoing transition towards greater digitisation will be the difference between survival and the alternative.
There is a wide range of initiatives businesses can implement to weather this storm. If we look at the space MYPINPAD operates within, secure digital consumer authentication is crucial to the ongoing success and security of not only financial products but also identification and verification across a range of different industry verticals. Shifting the authentication of consumers securely onto mobile devices enables businesses to completely reshape their customer experiences. By bringing together a more seamless, frictionless customer experience, accessibility, privacy, security and access to consumer data, businesses are able to drive digital transformation across day-to-day activities.
Against this backdrop, software with stronger security standards continue to play an ever more vital role in supporting society, protecting consumers and businesses from the increase in risks that rapid digitisation brings. Already, merchants can deploy PIN on Mobile technology from companies like MYPINPAD, onto their smart devices to speed up the digitisation process many are now tackling.
Essentially, opening up universal payments and authentication methods that feel familiar, for both online and face-to-face transactions, will be key to opening up a world of possibilities when it comes to redefining how businesses engage with consumers.
Brexit responsible for food supply problems in Northern Ireland, Ireland says
LONDON (Reuters) – Food supply problems in Northern Ireland are due to Brexit because there are now a certain amount of checks on goods going between Britain and Northern Ireland, Irish Foreign Minister Simon Coveney said.
British ministers have sought to play down the disruption of Brexit in recent days.
“The supermarket shelves were full before Christmas and there are some issues now in terms of supply chains and so that’s clearly a Brexit issue,” Coveney told ITV.
The Northern Irish protocol means there are “a certain amount of checks on goods coming from GB into Northern Ireland and that involves some disruption,” he said.
(Reporting by Guy Faulconbridge; Editing by Tom Hogue)
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