Crypto Assets and Financial Data Space Regulation in the EU’s Hybrid System of Hard and Soft Law
摘要
The new data economy needs diverse financial data from many data holders, far removed from the data a traditional bank would hold. This paper outlines the new vision for the common European Financial Data Space, where multiple interconnected data ecosystems, like the internet, are designed to empower individuals by placing them at the centre. This seeks to keep the financial sector of the European Union in tune with the digital transformation while ensuring, at the same time, the security and confidence of consumers. For these reasons, the EU seeks open finance and a legal framework that underpins a new regulatory approach based on coregulation, comprising a hybrid system of hard law and soft law for the exchange of financial data. This regulatory proposal is FiDA [proposal for a Financial Data Access regulation]. The paper also examines the proposed legal regime and its coordination with the current regulation of new crypto assets and their financial data. It examines the basis for and explores the limitations of the latest legal framework for regulating access to financial data. The current regulation that will be referred to is the existing regulation on crypto-assets (Markets in Crypto-assets- MiCA, access to payment data (such as Open banking, Payment Services Directive, PSD2), and the eIDAS 2, as well as the proposal for the modernisation of the existing EU Payment Services Directive (Open Finance, PSD3 and FiDA).