Cookies on our website

We use cookies on our website. To learn more about cookies, how we use them on our site and how to change your cookie settings please view our cookie policy.

Read more Close
Skip Ribbon Commands
Skip to main content
Sign In

View from Europe


Opinion piece

Using artificial intelligence to fight financial crime - a legal risk perspective - Feb 2018

 
Other threats and opportunities for banks  

 

Europe

- Internal investigations documents seised in lawful law firm raid (October 2018)

- Getback - reform of Polish corporate bond market (October 2018)

- Cautious progress from EU on crypto-assets and ICOs in wide-ranging Fintech Action Plan (May 2018)

- GDPR and data protection issues in cross-border regulatory investigations (May 2018)

- Increased enforcement risk in intra-EU investment treaty arbitration (May 2018)

- Coordinated foreign direct investment screening proposed for EU Member States - Nov 2017

- View from Europe: Countdown to the application of the Benchmarks Regulation (Jul 2017)

- The Recast European Insolvency Regulation (Jul 2017)

- Corporate criminal liability risk increases for financial services (Nov 2016)

- Benchmark compliance shifts up a gear: the EU Benchmarks Regulation enters into force (Jul/Aug 2016)

- Alternative Performance Measures (APMs): Impact of Omnibus II and ESMA Guidelines on debt prospectuses and timing of transactions (Jul/Aug 2016)

- European freezing orders over bank accounts – coming soon (Jul/Aug 2016)

- PRIIPS (May 2016)

- Cross-border recognition of resolution stays - significant compliance challenges on the horizon (May 2016)

- Cybersecurity and risk management (May 2016)

- New financial consumer protection rules (May 2016)

- Get ready for new data protection rules: EU General Data Protection Regulation (Jan 2016)

- Cybersecurity: New EU rules (Jan 2016)

- Debt programme and standalone prospectuses: modernization of the Prospectus Directive (Jan 2016)

- Mandatory clearing under EMIR: are you ready? (Jan 2016)

- SFTR: New EU regulation set to hit securities financing and wider collateral markets (Jan 2016)

- Continuing uncertainty regarding hybrid jurisdiction clauses in Europe (Jan 2016)

- PRIIPs – the new frontiers of disclosure (Jan 2015)

- EMIR – one step closer to clearing (Jan 2015)

- New European Regulation on the freezing of bank accounts (Oct 2014)

- The end of the road for "one-way" jurisdiction and arbitration clauses? (June 2014)

- The new European Account Preservation Order – a nightmare for defendants and a litigant's dream? (Jan/Feb 2014)

- Europe Plans for a pan-European Freezing Order – an update (Oct 2013)

- Debt programme updates/establishments and the new Prospectus Directive (PD) regime - an update (July 2013)

- Regulation on OTC derivatives, central counterparties and trade repositories ((EMIR) (May 2013)

- EU transaction tax (May 2013)

- Margin requirements for non-centrally cleared derivatives (May 2013)

- Regulation on OTC derivatives, central counterparties and trade repositories ((EMIR) (May 2013)

- Debt programme updates / establishments and the new Prospectus Directive (PD) regime - an update (May 2013)

Belgium

- Distribution of PRIIPS in Belgium - Advance notification of the KID to the Belgian FSMA (Feb 2018)

- New oversight regime for payment transactions processing entities operating in Belgium (Jul 2017)

- FSMA provides guidance on the application of rules on unfair contract terms to investment instruments offered or distributed to consumers in Belgium (Apr 2017)

- Belgium: More bans on the distribution of derivative financial instruments to retail clients (Dec 2016)

- Insurance, business continuity and anti-money laundering (May 2016)

- Consumer and mortgage credit providers and intermediaries: new regulatory and supervisory regime (Jan 2016)

- FSMA new guidelines on self placements by financial institutions (Oct 2015)

- Scope investor protection rules extended to include alternative investment products (Jan 2015)

- New rules on marketing financial products to consumers and a new Banking Law (Oct 2014)

- Belgium Essentials on Twin Peaks II (Oct 2013)

- Twin Peaks II announced by Belgian government: plans to increase consumer protection and strengthen supervisory powers of the Financial Services and Markets Authority (FSMA) (May 2013)

Czech Republic

- Proposal to introduce class actions into Czech law (Feb 2018)

- Appeals of fines imposed by Czech regulators may result in worse penalties (Nov 2017)

- Reduced risk relating to OTC derivatives with public sector entities (Nov 2017)

- Changes for creditors in Czech insolvency proceedings (Apr 2017)

- New law brings uncertainty in relation to OTC derivatives and certain other contracts concluded with public sector entities (Jul/Aug 2016)

- Automatic notifications from the Czech Insolvency Register not to be relied upon (Oct 2015)

- Security for future and contingent debts ineffective on Czech insolvency (Jan 2015)

- New Czech Civil Code and Act on Business Corporations – old risks replaced by new ones (Jan 2014)

France

- France: New rules for the prosecution of market abuse and tougher sentences for insider trading (Dec 2016)

- France catches up with UK and U.S. anti-bribery laws: significant reform underway (Jul/Aug 2016)

- Changes to French contract law – key points for negotiators and drafters (May 2016)

- Application of the double jeopardy prohibition to a deferred prosecution agreement in the Oil For Food case (Oct 2015)

- Landmark decision in French market abuse cases (June 2015)

- Validity of one-way jurisdiction clauses: the French Supreme Court confirms the Rothschild decision (June 2015)

- The proposed French banking resolution rules and their impact on derivatives (May 2013)

Germany

- Internal investigations documents seised in lawful law firm raid (October 2018)

- Risk disclosure obligations - new leverage for borrowers of structured loans (May 2018)

- Amount of corporate fines depends on existence of effective compliance systems and reaction to misconduct (Nov 2017)

- German courts dismiss Greek government bondholders’ claims against Greece on state immunity or jurisdiction grounds (December 2016)

- BaFin reduces risks under BGH judgment on netting agreements (July/August 2016)

- Germany Federal Court defines exceptions from disclosure obligations regarding swaps (May 2016)

- Disclosure obligations: swaps and municipalities (June 2015)

- New German Investment Ordinance passed: what has changed? (June 2015)

- Loan origination and loan restructuring by German AIFs - BaFin's new approach (June 2015)

- German draft act: contractual recognition of resolution authorities' powers and changes to insolvency waterfall (June 2015)

- German Federal Court of Justice decides on limitation period for consumers reclaiming administrative fees in loan agreements (Jan 2015)

- Plans to implement MiFID II product governance rules including for EU/EEA branches in Germany (Oct 2014)

- Federal Court of Justice confirms banks now obliged to disclose all commissions when advising clients (Oct 2014)

- Requalification risk of infrastructure vehicles (ProjectCos) as Alternative Investment Funds (AIFs) - consequences for financing arrangements (June 2014)

- Federal Court of Justice: banks must disclose that open-ended property investment companies may suspend the redemption of units (June 2014)

- Federal Court of Justice finds administrative fee clauses in consumer loan agreements to be invalid (June 2014)

- Federal Court of Justice: termination clauses in case of insolvency are invalid (July 2013)

Hungary

- FX loans in Hungary – invalidity of FX gap and beyond (Oct 2013)

Italy

- New whistleblowing rules in Italy (Feb 2018)

- MiFID II and MIFIR (Nov 2017)

- New laws in force – close-out netting in wholesale energy markets (Nov 2017)

- New Italian legislation prohibiting local authorities from entering into derivatives contracts (Jan/Feb 2014)

Luxembourg

- Changes to the Luxembourg professional secrecy regime (May 2018)

- Luxembourg securitisation vehicles: new exemption threshold for statistical reporting obligations (Jan/Feb 2014)

- New “cooperative” covered bonds introduced under the amended covered bond framework (Oct 2013)

The Netherlands

- Changes to the Dutch third country regime resulting from MiFID II (Feb 2018)

- Changes to rules on public warnings and publication of administrative sanctions (Nov 2017)

- Enhanced scrutiny of trust offices and forthcoming amendments to the Dutch Trust Offices Supervision Act (Jul 2017)

- Obligation to notify serious cybersecurity incidents might expose banks to new risks (Apr 2017)

- Draft legislative proposal to increase the transparency of financial supervision ("naming and shaming") (December 2016)

- Changes in the procedure for suitability and integrity screening by financial institutions' policymakers (July/August 2016)

- Expansion of Dutch renumeration rules: applicability to branches in the Netherlands (May 2016)

- What's new in the Dutch mortgage credit market? (Jan 2016)

- New legislation protecting holders of derivatives positions against bankruptcy of an intermediary (Oct 2015)

- Expected 20% bonus cap for all staff (Oct 2014)

- Update on the position of Dutch Group Finance Companies (June 2014)

- Ban on inducements for investment firms in the Netherlands (Jan/Feb 2014)

- Proposal for the 2015 Financial Markets Amendment Act published for consultation (Oct 2013)

- New Dutch regulator (AFM) policy rule on notification obligation for gross short positions (July 2013)

- Third party inducement bans in the Netherlands (May 2013)

Poland

- Getback - reform of Polish corporate bond market (October 2018)

- Recent developments in the regulation of the cryptocurrency exchanges and cryptocurrency trading in Poland (May 2018)

- Higher risk weighting for exposures secured by mortgages on residential properties (Feb 2018)

- Client transaction execution services in Poland – risk of reclassification and increased duties (Jul 2017)

- Poland: Concerns regarding the Polish implementation of BRRD (December 2016)

- The short selling regime in Poland - an update (June 2015)

- Implementation of Corporate Governance Rules for Polish regulated entities (Jan 2015)

- CRD4 implementation on the way in Poland (June 2014) 

- First steps towards implementation of the AIFMD in Poland (Jan/Feb 2014)

- The reform of open pension funds in Poland (Oct 2013)

- Legislative proposals aim to change the Act on Trading in Financial Instruments (July 2013)

- Polish implementation of the 2010 Amending Directive to the Prospectus Directive (May 2013)

Romania

- Lending to green energy producers in Romania – rule changes (Jul 2017)

- Giving in Payment law affects enforcement of consumer loans (Apr 2017)

- Real estate lending – enhanced protection for consumers (December 2016)

- Legal Developments (July/August 2016)

- Legal developments (Jan 2016)

- Legal Developments (Oct 2015)

- Amendment of the Banking Ordinance - reintroduction of prohibition on tied sales (June 2015)

- Municipalities in financial difficulties may benefit from a more lenient enforcement regime (Jan 2015)

- Legal developments (Oct 2014)

- Legal developments In Romania (Jan/Feb 2014)

- Legal developments In Romania (Oct 2013)

- New insolvency regime for local governments (July 2013)

- New financial supervisory authority (FSA) (May 2013)

Russian Federation

- Ukraine crisis and sanctions (June 2014)

- Reform of Russian Supreme Court system – creation of an integrated Supreme Court (Jan/Feb 2014)

- Derivatives under Russian law – a new risk area? (July 2013)

Slovakia

- Increased risk for non-Slovak finance parties doing business with Slovak public entities

Spain

- Reopening floor clause mortgage claims in Spain

Key people

Fabrice Faure-Dauphin
Fabrice Faure-Dauphin
Partner
France
Telephone icon+33 (0)1 40 06 53 93
Send email
View officeView profile
Brice Henry
Brice Henry
Partner
France
Telephone icon+33 (0)1 40 06 55 51
Send email
View officeView profile

Previous opinion pieces

Europe-wide asset freezing to increase – banks must be ready Contributed by Sarah Garvey and Christabel Constance, Dec 2016

CMU- securitisation - the real challenges of legislative proposals Contributed by Fabrice Faure-Dauphin and Nicole Rhodes, Jan 2016

Greek financial crisis - what next?
Contributed by Yannis Manuelides & Marialeta Moumtzoglou, Jun 2015

Improper information exchange: fending off the unwanted advances
Contributed by Philip Mansfield, John Roberti & John Terzaken, Jan 2015

All change: BRRD, SRM and ring-fencing of risks – significant amendments to the German bank recovery and resolution regime
Contributed by Bernd Geier & Laura Druckenbrodt, Oct 2014

Banking Union: not quite a way to Damascus but a good path to Brussels
Contributed by Fabrice Faure-Dauphin, Jun 2014

The European System of Financial Supervision (ESFS) was initiated five years ago and has now been in operation for two years
Contributed by Fabrice Faure-Dauphin, Mar 2014

Marketing investment funds in the EU after AIFMD – a door ajar?
Contributed by Brice Henry , Oct 2013

CRA III and the over-reliance on rating in question
Contributed by Fabrice Faure-Dauphin & Hortense Atthenont , July 2013

The alternative French de minimis Liikanen approach
Contributed by Brice Henry, Jan 2013

Banks single supervisory mechanism
Contributed by Fabrice Faure-Dauphin, Jan 2013

Proposal to reshape banking supervision in the euro area
Contributed by Fabrice Faure-Dauphin, Oct 2012



  • Add comment (optional)