Digital Markets Act: Commission welcomes political agreement on rules to ensure fair and open digital markets

25 March 2022
Knowledge Base

The Commission welcomes the swift political agreement reached yesterday between the European Parliament and EU Member States on the Digital Markets Act (DMA). The regulation, agreed in slightly more than a year after it was proposed, is among the first initiatives of its kind to comprehensively regulate the gatekeeper power of the largest digital companies. Commissioner for the Internal Market Thierry Breton (see photo) said: “This agreement seals the economic leg of our ambitious reorganisation of our digital space in the EU internal market. We will quickly work on designating gatekeepers based on objective criteria. Within 6 months of being designated, they will have to comply with their new obligations. Through effective enforcement, the new rules will bring increased contestability and fairer conditions for consumers and business users, which will allow for more innovation and choice in the market. We are serious about this common endeavour: no company in the world can turn a blind eye to the prospect of a fine of up to 20% of their global turnover if they repeatedly break the rules.”
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FCA secures contract changes for buy-now-pay-later customers

25 March 2022

The Financial Conduct Authority (FCA) secures changes to potentially unfair and unclear terms in the contracts of Clearpay, Klarna, Laybuy and Openpay. The FCA was concerned there was a potential risk of harm to consumers as a result of the way some of the firm’s terms were drafted. The Woolard Review into change and innovation in the unsecured credit market found the use of Buy-Now Pay-Later (BNPL) products nearly quadrupled in 2020 to £2.7 billion. The Government plans to change the law to bring some of the current forms of unregulated buy-now-pay-later products into FCA regulation.  Continue reading…

FSB, CPMI and IOSCO analysis highlights need to continue work on CCP financial resources

24 March 2022
Knowledge Base

The Financial Stability Board (FSB), the Committee on Payments and Market Infrastructures (CPMI) of the Bank for International Settlements, and the International Organisation of Securities Commissions (IOSCO) have today published a report analysing existing financial resources and tools for central counterparty (CCP) recovery and resolution, which confirmed the need for further work on CCP financial resources. In November 2020, the Chairs of the FSB, CPMI, IOSCO and of the FSB’s Resolution Steering Group publicly committed to collaborate on and conduct further work on CCP financial resources in recovery and resolution. This report presents the results of the evidence gathering and analysis on existing financial resources and tools for CCP recovery and resolution carried out in 2021. Continue reading…

Dina-Perla Portnaar

Dina-Perla Portnaar

Consultant

EU proposes law to make large firms check suppliers for environmental and human rights issues

23 March 2022

The European Commission proposed a law to make large companies that are operating in the EU check that their global suppliers respect environmental standards and do not engage in human rights issues such as slavery or child labor. The Corporate Sustainability Due Diligence law will also oblige directors of European Union firms to ensure that their business strategy aligns with limiting global warming to 1.5 Celsius, as agreed under the Paris climate agreement. Continue reading…

Enforcing sanctions against listed Russian and Belarussian oligarchs

22 March 2022
Knowledge Base

The European Commission’s ‘Freeze and Seize’ Task Force, set up to ensure EU-level coordination to implement sanctions against listed Russian and Belarussian oligarchs, has now stepped up its action at international level. It will work alongside the newly established ‘Russian Elites, Proxies, and Oligarchs (REPO)’ Task Force, under which the EU operates together with the G7 countries Canada, France, Germany, Italy, Japan, the United Kingdom and the United States, as well as Australia. Cooperation between the European ‘Freeze and Seize’ Task Force and the international ‘REPO’ Task Force is essential to guarantee the efficiency of the sanctions taken on both sides of the Atlantic. The Commission is committed to work closely and coordinate with its partners to ensure effective cooperation on a global level. Continue reading…

The Compliance Cafe: The transnational fight against illicit money flows

21 March 2022
Knowledge Base

The European Compliance Center together with media partner Risk & Compliance Platform Europe, is pleased to present the launch of a new initiative, the Compliance Cafe. The Compliance Cafe is a series of monthly webinars with outstanding compliance professionals. The aim of these online sessions is to encourage interaction between compliance professionals from different countries to discuss current risk and compliance topics, such as money laundering and de-risking. The first Compliance Cafe webinar was held on January 26, 2022, on the topic of the peculiarities of the transnational fight against illicit money flows – regulations, institutions, and effectiveness. Continue reading…

11 suspects arrested in Romania, Belgium and Austria for stealing EUR 420 000 using cloned fuel cards

18 March 2022

During an action day, 11 suspects were arrested in Romania, Belgium and Austria, accused of stealing at least EUR 420 000 using cloned fuel cards in Belgium. In Romania, a total of 115 law enforcement officers from different units were deployed, including those specialising in combating organised crime. Eurojust supported the investigation led by Belgian authorities. The perpetrators allegedly used various skimming techniques to obtain the electronic data contained on the magnetic stripe of the original fuel cards and their PIN codes. With these electronic data, they cloned fuel cards that, with the use of the PIN code, allowed them to buy fuel and to upload money to the Belgian road-toll-reporting device without the intention of ever paying these amounts. Continue reading…

ESMA finds shortcomings in supervision of cross-border investment activities and issues specific recommendations to CySEC

17 March 2022
Knowledge Base

The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, has on March 10th published its peer review report on the supervision of cross-border activities of investment firms. With this peer review, ESMA is also issuing Article 16 recommendations to the Cyprus Securities and Exchange Commission (CySEC), the first time ESMA has issued such recommendations to a National Competent Authority (NCA). ESMA identifies in the peer review the need for home NCAs to significantly improve their approach in the authorisation, ongoing supervision and enforcement work, relating to investment firm’s cross border activities. This includes calibrating their supervisory work to the nature, scale and complexity of those firms’ cross-border activities and the risks they pose. Continue reading…

FCA taking assertive action to tackle harm in the consumer investments market

16 March 2022

The Financial Conduct Authority (FCA) is taking assertive action to tackle harm in the consumer investments market, as data recently published shows it has stopped 1 in 4 firms from entering this market. The FCA is also urging consumers to be InvestSmart and ScamSmart, following an increase in the number of scams being reported to it. Between April and September last year, the FCA received 16,400 enquires about possible scams, up nearly a third from the same period in 2020. The top types of scams being reported to the FCA included cryptoasset, boiler room and recovery room scams. Continue reading…

EU agrees fourth package of restrictive measures against Russia

15 March 2022

The European Commission welcomes today’s agreement by the Council to adopt a fourth package of restrictive measures against Russia in response to its brutal aggression against Ukraine and its people. These sanctions will further contribute to ramping up economic pressure on the Kremlin and cripple its ability to finance its invasion of Ukraine. They have been coordinated with international partners, notably the United States.
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