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FinTech

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The innovative business models created by the FinTech industry have significantly disrupted the banking and insurance sector in recent years. A growing number of young FinTech companies are focusing on technical developments aimed at digital transformation. Banks and traditional financial services providers are under pressure to align their products with FinTech models – a trend that will continue in financial technology over the coming years.

In addition to digital asset management, FinTech companies have mostly launched mobile payment methods, financing platforms, cryptocurrencies and innovative payment systems. But overcoming technological challenges is only part of the story. The FinTech industry faces many legal regulations and requirements that every FinTech company must comply with.

Legal expertise tailored to the needs of the FinTech industry

CMS advises banks, financial services providers and FinTech industry start-ups around implementing their digital business models. We provide FinTech companies with legal certainty for their online financial services and payment services via a core team of experienced lawyers. The individual team members specialise in areas including banking law and regulation, corporate law, competition law, IT and data protection law. Where needed, our full-service approach enables us to add experts from other disciplines to our FinTech team on a case-by-case basis. 

Our lawyers not only have in-depth legal knowledge relevant to the FinTech industry, in many cases they also have experience of software development or of launching start-ups in the digital space.

The FinTech industry is global – just like our services

CMS advises FinTech companies both within Germany and internationally. If specific knowledge of a different jurisdiction is required, we bring in FinTech specialists from the worldwide CMS network. Seamless service across national borders is routine for us, rather than the exception.

Please feel free to contact us if you have any questions about FinTech and the associated legal and tax issues.

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04/01/2019
SECOND STUDY ON THE B2B FINTECH MARKET IN GERMANY
CMS and ING Wholesale Banking, acting in association with FINANCE magazine, have produced a B2B fintech study entitled “Love at third sight – How B2B fintechs and banks get together” and are making...
07/06/2017
First study on the B2B fintech market in Germany: 'Disruptors, Enablers,...
Fintechs are currently the subject of a great deal of attention: with the public at large but, of course, primarily within the financial sector. Among the general public, there is hot de­bate around...

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Team FinTech

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04/12/2020
MiCA on point
In addition to providing legal advice, CMS carefully monitors the latest developments in the market and shapes them through its involvement in advisory legislative committees. In this way, we keep up...
29/07/2019
CMS Expert Guide to STO regulation and law
Security Token Offerings (STOs) are a new means for companies to emit securities. The idea is to sell a virtual, blockchain-based token which is unique and transferable, and which represents, for example...
16/07/2019
An introduction to the law of blockchain and distributed ledger technologies...
Data Protection The European General Data Protection Regulation raises at least two issues in particular in this context. First: is pseudonymous information personal data? Second: how can a “right to...
11/07/2019
An introduction to the law of blockchain and distributed ledger technologies...
Remedies: In Principle The original Bitcoin White Paper stressed the importance of transactions not being reversible. Irreversibility is a function of Bitcoin, deliberately designed to reduce transaction...
08/07/2019
An introduction to the law of blockchain and distributed ledger technologies...
Jurisdictional Issues Many commentators note that true decentralisation implies that enforcement of obligations must be effected through the system. A permissioned system may include conventional governing...
03/07/2019
An introduction to the law of blockchain and distributed ledger technologies...
Legal Personality Determining whether a system has legal personality has implications for many of the questions considered in relation to this topic. In 'Horizon Scanning — Blockchain: The Legal Implications...
02/07/2019
Crowdfunding: The Council for the EU publishes the next step towards an...
On 26 June 2019, the Council for the European Union published a compromise proposal in relation to the European Commission’s draft framework to regulate crowdfunding platforms in the EU (the "Crowdfunding...
02/04/2019
Crowdfunding: European Parliament steps up investor protection in its amendments...
On 27 March 2019 the European Parliament adopted its position on the Commission's proposals for common rules for crowdfunding platforms across Europe. The Commission published the original draft regulation...
14/01/2019
Study: B2B fintechs still failing to gain traction in 2018
Increasing cooperation between banks and B2B fintechsClient access is most valuable assetCulture clash between agile structures and hierarchical en­tit­ies­Fran­k­furt/Main, 14 January 2019 – Providers of...
14/01/2019
The tension between GDPR and the rise of blockchain technologies
We live in an era of rapid technological development. Though this provides humanity with amazing opportunities to enhance our standard of living, it also forces lawmakers to work around the clock to analyse...
09/01/2019
The ESA publishes report on innovation facilitators
On 7 January 2019, the European Supervisory Authority (“ESA”) (consisting of the European Securities and Markets Authority, the European Banking Authority and the European Insurance and Occupational...
04/01/2019
SECOND STUDY ON THE B2B FINTECH MARKET IN GERMANY
CMS and ING Wholesale Banking, acting in association with FINANCE magazine, have produced a B2B fintech study entitled “Love at third sight – How B2B fintechs and banks get together” and are making...