Fintech

The integration of technology in financial services is a key driver in the evolution of the financial sector. Both established entities and new market entrants are leveraging technology to enhance their services. At Wiersholm, we assist a diverse range of clients, including traditional banks, insurance companies, financial institutions, start-ups, and technology firms, in navigating the complex legal landscape of financial technology (fintech).

The customer feels important and prioritised, and they always provide the right resources in meetings. They work quickly and efficiently, are flexible and solution-oriented.
Legal 500

Regulatory advancements promoting digital development and technology neutrality have spurred innovation in the financial market. For instance, the revised Payment Services Directive (PSD2) has empowered fintech companies to expand their service offerings. Additionally, frameworks have been established for emerging business models, such as crowdfunding services (ECSP Regulation) and crypto-assets (MiCA Regulation).

The increasing complexity of the legal framework necessitates a thorough understanding of the applicable regulatory conditions for fintech services, including the need for special licenses. We ensure that your business complies with relevant regulations and is strategically positioned to capitalise on technological opportunities in a legally sound manner. There is a growing European focus on developing open finance solutions beyond payment areas, with the FIDA regulation facilitating data sharing in the financial sector. This regulation presents new opportunities but also introduces complexities in the fintech space, particularly regarding security, privacy, and the protection of trade secrets, such as proprietary services.

Technological advancements are also reshaping the risk landscape for financial institutions. The DORA regulation aims to bolster the digital operational resilience of these firms and critical ICT providers by setting requirements for ICT risk management, security, information sharing, and reporting. DORA also imposes extensive requirements on supplier usage. Agreements between regulated entities and technology providers must ensure regulatory compliance while safeguarding commercial interests. Wiersholm excels in drafting and negotiating such agreements, particularly those related to core systems.

With extensive experience in addressing the complexities arising from technology use in financial services and products, Wiersholm offers interdisciplinary expertise in relevant legal fields, including financial regulation, technology and ICT contracts, data protection (GDPR), intellectual property, financing, tax, and duties.