FinTech and the law
Similar to technology law more broadly, FinTech law is very much a “discipline of disciplines”.
It encompasses various areas of law relevant to, among other things, contracts, intellectual property, data and privacy, financial services regulation, consumer protection, and more. Lawyers advising FinTech providers, or their customers, on arrangements must understand how various areas of law connect, overlap and sometimes conflict to be able to guide their clients through the issues and to appreciate and address risks.
We explained previously that FinTech involves the use of technology to provide financial services and products. This can include online banking, payments, lending, insurance, personal financial management, cryptocurrency, and more. The trend for financial services businesses and others to procure services from FinTech providers – and for providers to provide their services direct to consumers – has proliferated over the last 15 years. That change has taken place against a legal background which has had to evolve to keep up.