Financial services, arguably the most regulated industry globally, finds itself at a complex and evolving intersection with technology and law as we head into 2024. The fintech industry is currently molded by increasing regulatory scrutiny, rapid technological advancements, and shifting market dynamics.
This year will be defined by evolving legislative frameworks influenced by heightened interest from state-level and international regulatory agents. In this context, we will explore the significant regulatory changes of the past year and anticipate the trends and developments expected in 2024, with a special focus on our country’s fintech sector and its integration within broader European regulatory trends.
2023: A Year in Review for Fintech Regulations
2023 in fintech was a year of regulatory evolution globally and in Europe. It marked a turning point where the fintech landscape rules were redrawn.
In the UK, the government’s focus on regulating crypto assets and fiat-backed stablecoins signaled a serious approach to managing the burgeoning crypto market. The Bank of England’s exploration of a digital currency and regulation of stablecoin-based payment systems further underscored this trend.
The EU wasn’t far behind, with the Markets in Financial Instruments Directive (MiFID) aiming to increase financial market transparency. The entry of Big Tech into the European fintech sector prompted a reevaluation of regulatory strategies, considering the unique challenges posed by these new players.
A landmark development was the EU’s proposed Markets in Crypto-Assets (MiCA) Regulation, which is set to bring much-needed structure to the crypto market. This move aimed to protect investors, particularly in the retail sector, and bring order to the crypto space.
The year also highlighted the challenges of applying traditional financial regulations to the rapidly evolving fintech sector. The European Banking Institute’s focus on the licensing principle in fintech underscored the need for a balanced approach that fosters innovation while ensuring consumer safety.
In essence, 2023 was a transformative year for fintech regulation, characterized by a push towards greater clarity, consumer protection, and adaptation to the fast-paced nature of financial technology. As the industry continues to evolve, this balance between innovation and regulation will remain a pivotal theme, shaping the future trajectory of fintech.
Global Trends and Their Influence on 2024
As we look ahead to 2024, the fintech industry is poised for another year of significant regulatory change.
One of the key global trends we’re likely to see in 2024 is the continued regulatory focus on digital assets and AI. The regulatory frameworks governing these areas are becoming more complex and multi-layered, with significant progress expected in establishing global standards and best practices. This includes the EU’s AI Act, which will set legally binding rules for AI systems and models, affecting actors across the entire AI value chain globally.
Tokenization and digital capital markets are also expected to see further development. The exploration of distributed ledger technology (DLT) in transforming the financial and capital markets will likely continue, with an increased focus on debt and fixed-income DLT products, equity, and asset tokenization. This trend is expected to be complemented by funds and other assets following the examples and lessons learned in the debt capital markets space.
In the payments sector, more jurisdictions are considering the introduction of central bank digital currencies (CBDCs), and private-sector initiatives for creating stablecoins and other efficient payment products are developing at pace. Retail CBDCs, in particular, offer new ways of payment that may ultimately present an alternative to traditional card payments.
Operational resilience will remain another global regulatory focus with the growing digitization of customer experiences and increased use of third-party providers. The EU’s Digital Operational Resilience Act (DORA) will become enforceable starting January 2025, with detailed guidance expected to be finalized in 2024.
The post-regulation era for cryptoassetsis another thing you need to watch out for. Following the highs and lows of the crypto industry in 2023, comprehensive regulatory regimes are beginning to take effect in key financial centers. This will bring greater credibility and stability to the global market but will also mean closer monitoring and increased enforcement activity.
In Europe, the fintech sector is expected to focus more on third-party compliance. Banking-as-a-Service (BaaS) startups will need to rethink regulation, embedding compliance into their offerings. Account-to-account payments (A2A) providers are also expected to enter the fray, enhancing their global presence and introducing innovations that challenge traditional payment infrastructures.
Romania’s Outlook for 2024
Romania’s fintech regulation is navigating a period of significant change, marked by EU alignment and a focus on creating a conducive environment for fintech innovation. The coming years will likely see further developments as Romania continues to refine its regulatory framework in response to both local market dynamics and broader European trends.
As the fintech landscape continues to evolve, Romania has not established a specific legislative package exclusively for fintech businesses. Instead, the regulatory environment is adaptive, applying existing financial regulations to fintech activities while also preparing for upcoming EU regulations that will significantly impact the sector.
Key Regulatory Highlights
EU Alignment:Romania’s regulatory stance on fintech is heavily influenced by its commitment to align with EU policies and regulations. This includes preparing for implementing the Markets in Crypto-Assets (MiCA) Regulation, which is set to introduce a comprehensive framework for crypto assets, significantly affecting how cryptocurrencies and related services operate within Romania.
Digital Services and Markets Acts: The country is also gearing up for the Digital Services Act and the Digital Markets Act, part of the EU’s digital package aimed at creating safer digital spaces and fairer markets. These acts will likely introduce new obligations for digital platforms and fintech companies, focusing on transparency, accountability, and consumer protection.
Cryptocurrency Regulation:While Romania does not have specific national legislation for cryptocurrencies, it follows the EU’s lead in regulating this space. Fintech companies involved in cryptocurrency must navigate existing financial regulations with a keen eye on the forthcoming MiCA Regulation. This approach underscores Romania’s cautious yet progressive stance on digital currencies, balancing innovation with the need for consumer protection and market stability.
Regulatory Sandbox: There’s an interest in exploring regulatory sandbox options, allowing fintech startups to test their innovations in a controlled environment under regulatory supervision. This reflects a growing recognition of the need for a flexible regulatory framework that can adapt to the rapid pace of fintech innovation while ensuring consumer protection and financial stability.
AML and KYC Compliance: Anti-money laundering (AML) and know-your-customer (KYC) compliance remain critical regulatory requirements for fintech companies in Romania. As the sector expands, especially in cryptocurrencies and digital payments, adhering to these regulations is paramount for maintaining the integrity of Romania’s financial system.
Bottom Line
The past year has set a precedent for regulatory evolution, with significant changes that have reshaped the landscape of financial technology. Looking ahead, the fintech industry must continue to navigate these regulatory waters with agility and foresight.
The increasing convergence of technology, finance, and regulation presents challenges and opportunities. For fintech companies, staying ahead means complying with current regulations and anticipating future changes. For regulators, the task is to balance the promotion of innovation with the protection of consumers and the financial system’s stability.
