September 2021

Regulatory update

Banner image
Contents

BANKING SERVICES

Funding Plans Report

The objective of the Report is to analyze the financing plans presented by EU banks to the competent authorities and assess their feasibility. Through the back-test of previous financing plans, the Report tries to assess the reliability of the projections made by the banks.


The countercyclical capital buffer ratio

Bank of Italy has announced its decision to keep the countercyclical capital buffer ratio at zero percent for the fourth quarter of 2021.


Report on complaints from customers of banks and financial companies

Bank of Italy (BdI) has published a Report entitled "Report on complaints from customers of banks and financial companies".

In 2020, the Bank of Italy received 11,230 private complaints, an increase of 36 percent compared to 2019, mainly concerning complaints for access to government measures launched to tackle the pandemic.


Bank of Italy and ARPCSO announce the success of the BUNA-TIPS experiment on cross-border, multi-platform and multi-currency instant payments

Bank of Italy (BdI) has published a joint press release with the Arab Regional Payments Clearing and Settlement Organization (ARPCSO) entitled "Bank of Italy and ARPCSO announce the success of the BUNA-TIPS experiment on cross-border instant payments, multi-platform and multi-currency ".

The experiment simulated the sending of euros by a bank account holder of Banca Intesa Sanpaolo to a customer of Jordan Ahli Bank who received them in Jordanian dinars. The average completion time for these transactions was approximately 15 seconds. The Eurosystem's instant payment infrastructure, TIPS, was developed and is currently managed by the Bank of Italy. BUNA is the analogous system managed by ARPCSO, an independent entity, wholly owned by the Arab Monetary Fund (AMF).

 

PAYMENT SERVICES

Published the Italian version of the updated Guidelines on the reporting of serious accidents pursuant to PSD2

 

ICT AND CYBERSECURITY

Newsletter BCBS on cyber security

I Principles for the Sound Management of Operational Risk (PSMOR) sono stati rivisti in parte per tenere maggiormente conto dei rischi operativi associati alle tecnologie dell’informazione e della comunicazione, inclusa la vulnerabilità alle minacce informatiche. Inoltre, come stabilito nel Principles for Operational Resilience (“POR”), nell’ambiente odierno una componente chiave della resilienza operativa delle banche (ovvero la capacità di una banca di fornire operazioni critiche attraverso un'interruzione) è la resilienza agli incidenti informatici, compresi quelli che possono derivare da accordi di outsourcing".

 

PRIVACY

EDPS Opinion on the Proposal for a Directive on consumer credits

The proposal aims to modernize existing consumer credit rules to cope with changes brought about by digitalisation and other market trends, such as the increased use of online sales channels or new forms of consumer credit, such as loans. short-term at high cost.

EDPS supports the prohibition of processing social media data and health data for this purpose and recommends extending this prohibition to the use of any special categories of personal data pursuant to Article 9 of the GDPR, as well as information relating to surfing behavior. people online.

When the assessment of creditworthiness involves the use of profiling or other automated processing of personal data, consumers should always receive significant preliminary information and be able to request a human evaluation.

In the case of personalized offers based on automated processing, creditors should be required to provide clear, meaningful and uniform information on the parameters used to determine the price. These parameters should also be clearly delineated by the proposal.

 

ESG

Firms and banks to benefit from early adoption of green policies, ECB’s economy-wide climate stress test shows

The document describes the climate stress test at the economic level of the ECB, developed to assess the resilience of non-financial companies (NFC) and banks in the euro area to climate risks, under various assumptions in terms of future climate policies.

 

INVESTMENT SERVICES

ESMA Report on Trends, Risks and Vulnerabilities - No. 2, 2021

In the ESMA Report continues to see high risks and fragile fundamentals, with a high risk outlook and uncertainty about the sustainability of corporate and public debt.

ESMA announces hearing on EMIR reporting guidelines

The consultation concerns aspects relating to reporting, data quality and access to data within EMIR and on the validation rules that clarify the dependencies between data fields, as well as their applicability in different use cases.

Commission Delegated Regulation (EU) 2021/1456 of 2 June 2021 on clearing services for OTC derivatives

The Regulation contains the requirements for the commercial conditions for the clearing services provided by clearing service providers to be considered fair, reasonable, non-discriminatory and transparent. The commercial conditions for clearing services agreed before 9 September 2021 must be reviewed and, if necessary to meet the requirements set out in the annex, modified by 9 September 2022.

The regulation applies from 9 March 2022.

Draft of the Commission Delegated Regulation (EU) of 7.9.2021 amending the regulatory technical standards established by the Commission Delegated Regulation (EU) 2017/653

Amendment of the regulatory technical standards established by Commission Delegated Regulation (EU) 2017/653 regarding the basic method and presentation of performance scenarios, presentation of costs and method of calculating summary cost indicators, presentation and the content of past performance information and cost presentation for packaged retail and insurance investment products (PRIIPs)

Review of the MiFID II framework on best execution reports

ESMA has published a consultation document entitled "Review of the MiFID II framework on best execution reports" with the aim of improving the MiFID II framework on best execution reports.

 

INSURANCE SERVICES

Clarifications regarding the application of Provision no. 111 of 13 July 2021

IVASS has provided applicative clarifications regarding "Provision No. 111 of 13 July 2021 containing provisions on the procedures for mitigating the money laundering risk to identify the dimensional and organizational requirements on the basis of which the obliged parties establish the anti-money laundering and internal audit function, appoint the holder of the anti-money laundering and internal audit function and the person responsible for reporting suspicious transactions.

The deadline for exceeding the organizational and dimensional parameters that entail the obligation to establish the anti-money laundering function, to appoint a holder of the same function and, possibly, to set up an independent internal audit function exclusively on anti-money laundering matters.

IVASS - Book n. 18 - Relations between banks and insurance companies in Italy

The document highlights, in particular, that for larger banks the propensity to operate in the insurance sector is positively correlated with their profitability and becomes more accentuated with the increase in the level of control exercised by the bank over the company, while for insurance of products through bank branches is associated with a reduction in operating costs in the life business and in charges for claims in the non-life business.

 

ALTRO

Joint committee report on risks and vulnerabilities in the EU financial system

The Joint Committee has published a report highlighting growing vulnerabilities in the financial sector, the observed increase in cyber risk and the materialization of event-based risks.

Expectations of growth in inflation and yields, as well as greater risk-taking by investors and problems of financial interconnection, could put further pressure on the financial system.

The financial sector has been hit by cyber attacks more often than other sectors.

The materialization of event-driven risks (such as GameStop, Archegos, Greensill cases), as well as the increase in prices and volumes traded on crypto-assets, raise questions about the increase in risk-taking behavior and the possible exuberance of the market.