The Emergence of Financial Data Governance and the Challenge of Financial Data Sovereignty

University of Hong Kong Faculty of Law Research Paper No. 2024/20

Data Sovereignty: From the Digital Silk Road to the Return of the State (OUP 2023) 178-210 (forthcoming)

27 Pages Posted: 26 Sep 2024

See all articles by Giuliano G. Castellano

Giuliano G. Castellano

The University of Hong Kong, Faculty of Law

Eriks Selga

The University of Hong Kong, Faculty of Law, Students

Douglas W. Arner

The University of Hong Kong; The University of Hong Kong - Faculty of Law

Date Written: August 26, 2024

Abstract

This chapter addresses the challenges of datafication of finance and financial data sovereignty. Section II considers the datafication of finance. Section III considers the intersection of data, finance, and data governance, highlighting emerging general data governance styles. Section IV highlights the intersection of financial data regulation and personal data regulation in the context of the evolution of a range of Open Banking strategies focusing on personal financial data. Section V presents four emerging financial data governance strategies, exemplified by the United States, EU, China, and India, seeking to bring together finance and its regulation with their evolving domestic data governance regimes. Section VI elaborates on how the result of differences in these strategies combined with prudential objectives converges toward territorialization via data localization. Section VII addresses this growing challenge of fragmentation by outlining how the well-developed transnational regulatory frameworks in finance offer an opportunity to develop technological solutions and approaches that may, in fact, support both the objectives of financial and data regulation.

Keywords: financial data governance, data sovereignty, data regulation, personal data, financial regulation

Suggested Citation

Castellano, Giuliano and Selga, Eriks and Arner, Douglas W., The Emergence of Financial Data Governance and the Challenge of Financial Data Sovereignty (August 26, 2024). University of Hong Kong Faculty of Law Research Paper No. 2024/20, Data Sovereignty: From the Digital Silk Road to the Return of the State (OUP 2023) 178-210 (forthcoming), Available at SSRN: https://ssrn.com/abstract=4937954 or http://dx.doi.org/10.2139/ssrn.4937954

Giuliano Castellano (Contact Author)

The University of Hong Kong, Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

Eriks Selga

The University of Hong Kong, Faculty of Law, Students ( email )

Pokfulam Road
Hong Kong
Hong Kong

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

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