Digital innovation and banking regulation
Contents Abstract 2 Non-technical summary 3 1 Introduction 5 2 The promises and perils of digital innovation 6 3 The EU fosters digital trends 8 3.1 A level playing field for providers and deployers of AI systems 8 3.2 Cross-sectoral regulation of markets for crypto-assets 10 3.3 Oversight of critical cloud computing service providers 11 4 Banking regulation and digital trends 14 4.1 Gaps in banking regulation 14 4.2 How to foster a risk-based prudential framework 15 4.3 Market discipline through harmonised Pillar 3 disclosures 17 5 Conclusion 18 6 References 20 Digital innovation and banking regulation 1 Abstract The European Union is aiming to foster digital transformation in all sectors by 2030.
- Contents Abstract 2 Non-technical summary 3 1 Introduction 5 2 The promises and perils of digital innovation 6 3 The EU fosters digital trends 8 3.1 A level playing field for providers and deployers of AI systems 8 3.2 Cross-sectoral regulation of markets for crypto-assets 10 3.3 Oversight of critical cloud computing service providers 11 4 Banking regulation and digital trends 14 4.1 Gaps in banking regulation 14 4.2 How to foster a risk-based prudential framework 15 4.3 Market discipline through harmonised Pillar 3 disclosures 17 5 Conclusion 18 6 References 20 Digital innovation and banking regulation 1 Abstract The European Union is aiming to foster digital transformation in all sectors by 2030.
- This paper discusses digital innovation in the banking sector in the context of the academic literature on financial innovation and non-banks.
- The paper examines the digital transformation of European banks in the context of broader academic research into financial innovation and non-banks.
- The ?dual nature of financial innovation? theory posits that cycles of prosperity arising from financial innovation are followed by cycles of severe disruption.
- The challenges are not new, but the question remains: how should digital innovation in the banking sector be regulated?
- To meet this need, the paper suggests initiating digital innovation plans drawn up by banks for five years, but updated annually.
- The digital trends discussed in this paper include artificial intelligence (AI), crypto-assets and cloud computing services, which are all contemporary forms of financial innovation.
- ?he Digital Finance Strategy sets out the EU?s commitment to creating a safe environment for digital financial service providers and their customers by attaining four objectives by 2030: (i) remove fragmentation in the digital single market, (ii) adapt the regulatory framework to facilitate digital innovation, (iii) promote data-driven innovation by creating a common financial data space, and (iv) address the challenges and risks from digital transformation.
- To address the possibility of overreliance on digital innovation, this paper provides recommendations to shape a system of banking regulation that is fit for purpose.
- The paper concludes that EU banking regulation should more purposefully reflect digital trends and the need for a state-of-the-art prudential and disclosure framework to promote the goal of adapting the regulatory framework to facilitate digital innovation.
- Section 3 discusses how the EU is fostering digital trends in three specific regulations (the AI Act, MiCa and DORA).
- Section 4 discusses the limitations of the current banking regulatory framework when it comes to reflecting risks from digital trends.
- 5 See Digital Finance Strategy for the EU and 2030 Digital Compass: the European way for the Digital Decade.
- These failures have not been prevented in the past owing to regulatory capture and overreliance on the promises of innovation (Hellwig, 2009).
- Analysis of the 2008 financial crisis has shown the connection between increased demand for collateral in unregulated shadow banking markets and the financial innovation of securitised subprime mortgages (Gorton, 2010).
- The fact that shadow banking was allowed to blossom and compete with commercial banking without appropriate regulation and supervision was one of the root causes of the financial crisis.
- Regulatory and supervisory innovation need to accompany financial innovation.
- Banking supervisors should also consider using regulatory sandboxes to remain technologically up-to-date Given the interest in AI tools for banking services, European banking supervisors will need to consider setting up regulatory sandboxes to ensure they remain technologically savvy about the risks and opportunities associated with supervised banks? use of digital trends.
- Digital innovation challenges the barriers between banks, regulated entities and other commercial entities whose services are essential for regulated ones.
- Digital innovation plans are suggested as a means of providing a comprehensive overview of all the risks to which a bank is exposed by using various types of digital trends.