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Mamo TCV Advocates - Integration of EU’s MiCAR in Maltese law

FinTech Insights #7 –
Integration of EU’s MiCAR in Maltese law

Malta has been a forerunner in regulating digital assets with the introduction of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (the “VFA Act”) back in 2018.  Following its approval in 2022 and publication in 2023, Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) has an 18-month window to become fully enforceable by 30th December 2024. However, MiCAR’s Title III and Title IV on issuing and regulating stablecoins will be applicable from 30th June 2024 according to Article 149 MiCAR.  Rules on crypto-asset service providers in Title V of MiCAR…
Mario Mizzi
26th June 2024
Mamo TCV Advocates: Payments Insights #3 – Existing and Upcoming Strong Customer Authentication Requirements for PSPs
Banking & FinanceFinTech

Payments Insights #3 –
Existing and Upcoming Strong Customer Authentication Requirements for PSPs

When the Second Payment Services Directive1 (‘PSD2’) replaced the First Payment Service Directive, the European Union (‘EU’) introduced the requirement of Strong Customer Authentication (‘SCA’). SCA enhances the security of electronic payments through additional layers of authentication with the aim to mitigate payment fraud. As we noted in the previous Payment Insight, the European Banking Authority (the ‘EBA’) opines that SCA requirements have been successful in preventing payments fraud resulting from the theft of customers’ credentials. In view of this, the upcoming amendments to the payment services regime will see the SCA requirements being enhanced in the proposed Payment Services…
Mamo TCV Advocates: The European Banking Authority (EBA) has released an opinion that assesses emerging trends in payment fraud and proposes regulatory measures to address these challenges. In our latest Payments Insights, we discuss the EBA's publication which emphasises the necessity of improving security measures for instant payments, applying Strong Customer Authentication (SCA) consistently across all transaction types, and facilitating cross-border collaboration to manage the increased fraud risks associated with international transactions. The EBA’s Opinion also outlines several regulatory recommendations, including updating fraud risk management frameworks, adjusting liability rules to better protect consumers, and reinforcing supervisory processes. These measures are designed to increase the resilience of the financial sector for the benefit of the end-consumer within the payments sphere.
Banking & FinanceFinTech

Payments Insights #2 –
EBA Opinion on Payment Fraud and Possible Mitigants

On the 29th of April 2024, the European Banking Authority (the ‘EBA’) published an opinion (the ‘Opinion’) in which it assesses payment fraud data and identifies new types and patterns of payment fraud while developing proposals to mitigate them. In this second Payments Insight we highlight some of the most important key considerations emerging from the EBA’s Opinion. The power of the EBA to issue this Opinion stems from Articles 1(5), 8(2)(g), 9(4), and 16a(1) of Regulation (EU) No 1093/2010. These provisions empower the EBA to promote a uniform approach to the regulation and supervision of innovative financial activities. Additionally,…
Mamo TCV Advocates – Safeguarding under the Proposed PSD3
Banking & FinanceFinTech

Payments Insights #1 –
Safeguarding under the Proposed PSD3

Introduction to the Payments Insights Series The European Commission is currently in the process of updating the EU’s legal framework for payment services. These proposals include: A proposed Third Payment Services Directive (the ‘PSD3’) which is a directive on payment services and electronic money services in the EU’s internal market which will repeal the Second Payment Services Directive (the ‘PSD2’) and the Second Electronic Money Directive (the 'EMD2’); and A proposed new Payment Services Regulation (the ‘PSR’). The proposed legal amendments aim to: Strengthen the protection of users and enhance confidence in payments and electronic money services; Improve the competitiveness…
Mamo TCV: To date, Embedded Finance has neither been defined in Maltese nor EU law

FinTech Insights #6 –
Embedded Finance in Malta

The concept of embedding a financial service within a non-financial service entails the integration of licensable financial activities into non-financial digital platforms. The embedded services typically encompass payments, lending, investments, and insurance. The financial services are integrated into platforms such as social media and various productivity/lifestyle applications, which would otherwise not be considered as financial products at all. Embedded Finance (commonly abbreviated as “EmFi”) is the term associated with the notion of integrating a regulated financial service within a digital platform that is unregulated for that specific financial service. EmFi raises legal queries relating to compliance, investor protection, and financial…
Mario Mizzi
22nd March 2024
Banking & FinanceFinTech

Fintech Insights #5 –
Reverse Solicitation in EU’s MiCA

The Markets in Crypto Assets Regulation (MiCA)1 provides the legal framework for digital asset services within the European Union. This regulation, detailed with its 149 articles and 6 annexes, mandates that entities wishing to provide digital asset services across the EU must secure authorisation in one of the EU Member States. It impacts Malta not only because of the regulation’s direct applicability but also because the jurisdiction is known for its forward-thinking stance in financial technology law due to its early implementation of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta. In this fintech insight, rather…
Mario Mizzi
14th November 2023