Publication Type
Journal Article
Version
acceptedVersion
Publication Date
12-2023
Abstract
In recent years, open banking has emerged as a new form of financial intermediation, allowing third party developers to build applications and services around financial institutions. By using the financial institution's data and infrastructure through open Application Programming Interfaces (APIs), a variety of actors-including fintech companies, Bigtechs, and the traditional players in the financial system-can develop new products and services that ultimately promote innovation, competition and financial inclusion while improving consumers' experiences. The concept of open banking evolved to open finance to illustrate the possibilities of adding to the picture all types of data-driven financial products. Focusing on the opportunities potentially brought by open finance, regulators around the world have promoted the implementation of these data-sharing schemes in different ways. This paper analyzes the regulatory models adopted around the world to deal with open finance, namely the market-based approach, adopted in jurisdictions such as Hong Kong, Singapore, and the United States (US); the compulsory approach, existing in the United Kingdom, the European Union, and Australia; and the cross-border promotional approach implemented by Singapore. The paper argues that the desirability of each model depends on a variety of country-specific factors. Therefore, none of these models can automatically be considered superior to others, even though the empirical evidence seems to suggest that the market-based approach has been more successful in the development of open finance. The paper then explains that the rise of open finance creates several risks and concerns that need to be addressed by regulators regardless of the regulatory model adopted to promote open finance. The paper will conclude by suggesting several policy recommendations to design a regulatory framework for open finance that, considering a variety of country-specific factors, seeks to provide regulators with some guidance to address the challenges of data openness in the financial sector.
Keywords
Open banking, open finance, Application Programming Interfaces, systemic risk, data protection, data privacy, competition, data governance
Discipline
Banking and Finance Law
Research Areas
Corporate, Finance and Securities Law
Publication
Banking and Finance Law Review
Volume
40
Issue
1
First Page
35
Last Page
66
ISSN
0832-8722
Publisher
Carswell
Citation
REMOLINA LEON, Nydia.
Open finance: Regulatory challenges of the evolution of data sharing arrangements in the financial sector. (2023). Banking and Finance Law Review. 40, (1), 35-66.
Available at: https://ink.library.smu.edu.sg/sol_research/4611
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
