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Payments & FinTech Lawyer

Volume: 5 Issue: 12
(December 2011)


David Cameron's veto of changes to the Lisbon Treaty designed to safeguard the future of the Euro could leave Britain sidelined if the European Commission decides to lead new payments legislation, but is unlikely to affect the Single European Payments Area (SEPA), according to payments experts. / read more

Online trade grew during the Christmas 2011 period as compared to Christmas 2010 and consumers are shopping later than before, suggesting increased confidence in e-payments. / read more

Google's Mobile Wallet does not store personal data securely, research firm ViaForensics (VF) said on 13 December. / read more


US / read more

A draft of the new EU Regulation on Data Protection to replace the existing EU Data Protection Directive was un-officially released last week. The draft Regulation, which is due for official publication at the end of January 2012, will have a significant impact on all businesses, including those in the financial services and payments industry. The draft Regulation is unlikely to be adopted until at least 2014 due to expected lengthy negotiations as the draft moves through the EU' legislative process. / read more

In June, the US Federal Financial Institutions Examination Council (FFIEC) issued a supplement to its internet banking guidance, first issued in 2005. Andrew J. Lorentz and Richard A. Gibbs, of Davis Wright Tremaine LLP, examine how the guidance raises the bar for multifactor authentication of internet payments in the US . / read more

Many businesses have discovered the utility and marketing benefits that can be derived from the sale of gift cards. In Canada, several states have introduced their own laws regulating the use and sale of gift cards, resulting in variances in gift card legislation. Chad Finkelstein and David Di Gregorio, of Dale & Lessmann LLP, discuss the different approaches in Canada and examine the country's gift card industry. / read more

There are a multitude of regulations and legislation currently governing e-payments which are designed to harmonise the international payments chain. Mark Beresford, a Director with Edgar Dunn & Co., explains how harmonisation of multichannel retail payments could end up reducing the regulatory burden for payment providers. / read more

There has always been a grey area between security standards and legal and regulatory requirements when it comes to security issues. Many security professionals find themselves in the midst of regulatory compliance efforts without the assistance of legal input. The key question in these circumstances is whether the business is taking 'legal risk' into account as security professionals make their decisions and take security-related actions. One of the relevant security requirements for online businesses is the Payment Card Industry Data Security Standard (PCI DSS). In this article - the second part of a three-part series - Dr Sam De Silva, Partner at Manches LLP, provides a legal background and overview of PCI DSS. / read more

The new, private digital currency Bitcoin has found its way into the payments market. Mark Herpel, Editor of DGC Magazine, discusses how payments flow effortlessly from person to person, transactions are free and Bitcoin has acquired a massive army of global supporters. / read more

About Payments & FinTech Lawyer

The monthly publication covering legal, regulatory and policy developments relating to the fast-moving payments and FinTech sectors. Key topics include mobile payments, e-money, prepaid and other payment cards, online banking, digital currencies such as Bitcoin, card fraud and other cyber crime, RegTech, robo-advice, P2P lending, and crowdfunding, as well as regulatory regimes such as the Second Payment Services Directive (PSD2), the Payment Accounts Directive, and the Fourth Anti-Money Laundering Directive / read more

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