Open Banking, Open Data and Open Finance: Lessons from the European Union
Forthcoming in Linda Jeng (ed), Open Banking (Oxford University Press, 2021), Chapter 8
UNSW Law Research Paper No. 21-69
University of Hong Kong Faculty of Law Research Paper No. 2021/49
47 Pages Posted: 11 Nov 2021 Last revised: 6 Dec 2021
Douglas W. Arner
The University of Hong Kong; The University of Hong Kong - Faculty of Law
Ross P. Buckley
University of New South Wales (UNSW) - UNSW Law & Justice
Dirk A. Zetzsche
Universite du Luxembourg - Faculty of Law, Economics and Finance; European Banking Institute
Date Written: November 11, 2021
Abstract
Europe’s path to ‘open banking’, ‘open data’ and ‘open finance’ rests upon four apparently unrelated pillars: (1) the facilitation of open banking to enhance competition in banking and particularly payments; (2) strict data protection rules reflecting European cultural concerns about dominant actors in the data processing field; (3) extensive reporting requirements imposed after the Global Financial Crisis to control systemic risk and change financial sector behaviour; and (4) a legislative framework for digital identification imposed to further the European Single Market.
This chapter analyses these four pillars and suggests that together they will underpin the future of digital finance in Europe and that together they effectively establish the framework for not only ‘open banking’ and ‘open data’ but ‘open finance’. These European experiences provide profound insights for other societies facing choices as to the role of data in their future. In some, data will be controlled by a small number of massive firms and governments which use it for profit and suppression. In others, data will be under the control of individuals – democratized data – which should support a more open and innovative economy and society. In the evolution of these futures, legal and regulatory systems will play a key role.
Keywords: open banking, open finance, open data, data-sharing, APIs, PSD2, eIDAS, and GDPR
Suggested Citation: Suggested Citation
Douglas W. Arner
The University of Hong Kong ( email )
Pokfulam Road
Hong Kong, Pokfulam HK
China
The University of Hong Kong - Faculty of Law ( email )
Pokfulam Road
Hong Kong, Hong Kong
China
HOME PAGE: http://hub.hku.hk/rp/rp01237
Ross P. Buckley (Contact Author)
University of New South Wales (UNSW) - UNSW Law & Justice ( email )
Sydney, New South Wales 2052
Australia
Dirk Andreas Zetzsche
Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )
Luxembourg, L-1511
Luxembourg
HOME PAGE: http://wwwen.uni.lu/recherche/fdef/research_unit_in_law/equipe/dirk_andreas_zetzsche
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