은행을 둘러싼 새로운 법률적 쟁점들: 핀테크를 중심으로

Abstract

Several Fintech issues such as open banking, easy log-in, big data and virtual currency issue are reviewed in this paper. Firstly, in an open banking, a requirement of a consent for financial transaction information is a hurdle to broadening of an open banking. Especially, a requirement of a consent for the case where a bank asks client information to another bank based on client’s request is undesirable for the open banking. Secondly, it is regretful that a final responsibility of choice of methods for easy log-in is placed on the bank though the regulatory authority broadens the ways of log-in itself. It would be desirable for the regulatory authority to present a detailed guideline, preferably a minimum inevitable guideline. Thirdly, in a big data, a broadening of combined information concept would be a barrier to a bank development while an information to the big data company would not be a restricted personal information under the law. Though it depends on the contents of the information but a forward-looking policy and enactment are desirable for vigorous use of big data. Lastly, in a virtual currency, a transaction with virtual currency exchanges is on issue, especially so-called “multi-layer accounts” is controversial. However, in a situation where there is no clear law or regulations prohibit the transactions based on multi-layer accounts, there is legal risk for the bank to follow the regulatory authority’s instructions to prohibit this transaction. The figure of the bank is not fixed but changeable along with a change of market and circumstance. Therefore, the bank act is facing with a issues of an enactment and translation of law for this change of market and circumstance. The issues reviewed in this paper are related to the fintech and most of these fintech issues are connected to the information protection laws. Until now, the information protection laws has more focused on the protection of information protection itself which would shrink the use of the information for the development of industries including the bank industry. However, from now it should be more important to focus on the use of the information based on the reasonable regulations. However, because this kind of change would take a time for enactment and it cannot consider the bank industry situation only, so the regulatory authority’s forward-looking policy and regulation including a presenting of active, positive guidelines and interpretations of the law would be necessary for the development of the bank industry facing with this environmental exchange.