Some implications of the new global digital economy for financial regulation and supervision

Abstract

The digital economy is leading to substantial changes in the financial sector. Not surprisingly, it raises a number of sensitive legal issues. (1) New technologies and big data are expected to increase efficiency in the financial sector. But some limits need to be drawn in order to protect the fundamental rights at stake, such as privacy and non-discrimination. (2) The application of the so called supervisory technology (SupTech) can improve financial supervision, but it does not seem to alter its legal foundations. (3) We have to consider the role that big techs might play in the financial system and whether they should be subject to a tailor made regulation. (4) Digital currencies take us to the basics of what money is and to wonder what the role of the State is in relation to it. (5) Finally, we have to consider the implications that the creation of an official digital currency could have for the financial system.