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Overview

The fintech sector is driven by constantly evolving technology and a complex web of global regulation. Adoption of new technologies and business models is expected to transform the banking and payment services industry; wealth management, pensions and insurance will all benefit from developments in AI and RPA (robotic process automation). The technologies and new business models powering fintech often raise a range of legal and regulatory challenges.

Our team of fintech lawyers specialise in business models involving innovative technologies – from ebanking and crypto assets, to crowdfunding, regtech, data analytics, payment platforms and automation. We have a deep understanding of the regulations affecting the sector and are experts at helping businesses ensure they are compliant with fintech law.

Areas of focus:

Our fintech law expertise includes the following:

  • Preparing technology transaction and licensing agreements needed to underpin and commercialise the next generation financial technologies
  • Providing regulatory advice on the evolving UK legislative framework and the compliance requirements of financial technology businesses
  • Domestic and cross border mergers and acquisitions, equity investments and joint ventures in the financial technology sector
  • Payment services, emoney and payment platforms
  • Our cross-disciplinary teams allows us to advise clients of all sizes on a broad range of issues from relocating to the UK in order to take advantage of working with the FCA as an innovative regulator, to specialist employment, technology and regulatory issues.
Experience

We are one of a couple of law firms collaborating with R3CEV (leading a global consortium of financial institutions) on the development of smart contract templates using blockchain technology.

Participating in VENTURER, an Innovate UK-funded research project investigating the public acceptance of driverless cars and two other driverless cars projects. We were involved in supporting AXA in the development of a legal and insurance liability regime for connected and autonomous vehicles. This is an important matter as we are involved in establishing the legislative framework that will enable progress in proliferation of driverless cars. It also supports the wider engagement by the team in innovation of financial services to support other sectors, such as smart infrastructure and unmanned aerial vehicles.

Represented the Faster Payments Scheme (the central infrastructure operator for internet and telephone banking) to set up the Mule Insights Tactical Solution (MITS): an AI enabled platform for participating financial institutions to trace fraud through the Faster Payment System using data analytics and artificial intelligence software. This is an important interim tactical solution driven by the Joint Fraud Task Force set up by the Home Secretary to counter, amongst other things, authorised push payment fraud and the increasing phenomena of ‘money mules’ where individuals permit their bank accounts to be used to transfer proceeds of crime.

Engaged with the FCA and Bank of England on their exploration of model driven machine executable regulatory reporting. This is an important technological and regulatory development in the marketplace with potential cost and efficiency savings for all regulated persons who are required to file regulatory reports.

Advising an early innovator on its commercial technology operations utilising Open Banking. (Open Banking is driven by the Payments Services Directive II and the CMA's requirement for the big banks to open up their transaction data to licensed aggregators and solution providers).

Advising a fully-backed non-EU digital banking start-up on the UK regulatory authorisation applications from initial e-money authorisation to full banking license under the mobilisation route and assisting with its platform and commercial agreements.

Advising First Group on the regulatory aspects of its commercial arrangements for the provision of payment services to its customers by third party payment services providers.

Advising Nationwide on the provision of merchant acquirer and credit card payment processing services by TSYS.

Advising a leading financial services company in relation to various commercial agreements with bank sponsors, card providers and payment schemes and on regulatory compliance in respect of payment services and e-money.

Advising Honda Finance Europe on the selection and implementation of a new technology system utilising a French prime integrator and supporting over £400 million of annual finance transactions across France, Germany, Italy, Spain, and the UK.

Advising Thomson Reuters on its global vendor optimisation programme including Fintech partnerships in Asia and the Americas.

Advising on platform terms for a major new technology implementation for a platform provider, including advising on regulatory compliance.

Meet the team
Tom Dunn

Tom Dunn Partner

  • Head of Regulated Funds and Financial Services
  • Regulated Funds
  • Financial Services
Sarah Kenshall 1

Sarah Kenshall Director

  • Technology and Communications
  • Fintech
  • Telecoms
Mark Shepherd

Mark Shepherd Partner

  • Head of Private Equity
  • Corporate
  • Healthcare

What others say...

The team at Burges Salmon LLP provides commercial and regulatory advice in a range of fintech fields, and is active in cutting-edge areas.
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