The term “fintech” refers to the use of technology in the financial industry and therefore encompasses any financial activity supported by technology, such as the promotion of new financing alternatives; the provision of payment services; investment advice; or the knowledge, evaluation and care of customers in this industry.
Lawyers specialized in the fintech sector with experience advising selected companies in the Spanish financial sandbox
What is happening in the financial industry?
New technologies are also transforming the way people interact with money and finance on a day-to-day basis. Proof of this is the growing increase in electronic contracting and the depersonalisation of the interlocutor with the financial customer due to the automation and robotisation of financial and investment services.
Fintech companies operate at some point in the service value chain, bringing a differential level of innovation and efficiency to the financial industry. New financing alternatives (such as crowdfunding platforms, initial cryptocurrency offerings and the tokenization of financial instruments) and new technologies to recognize and identify financial consumers are appearing; payment services are being digitized; robo-advisors are coming into play, etc.
The challenge of how to adapt what already exists today in the regulation of the financial system to an environment of greater dynamism and technological complexity explains the current regulatory changes that are taking place in the financial industry at a global, European and Spanish level. This new scenario recommends that innovative companies and consumers involved in the financial sector have expert fintech lawyers close to them.
What do we offer you as lawyers specializing in fintech and technological innovation?
- Legal advice on regulatory compliance for the application of internet technologies, artificial intelligence, blockchain, asymmetric cryptography, virtual reality, augmented reality, etc. in fintech projects and business models.
- Legal advice and support to fintech companies interested in applying to the Spanish financial sandbox regulated by Law 7/2020, of 13 November, for the digital transformation of the financial system.
- Drafting of legal documents and completion of formalities with the Bank of Spain, the National Securities Market Commission and/or the Directorate General for Insurance and Pension Funds.
- Legal advice on electronic means of payment.
- Legal advice to crowdlending, crowdfunding and equity crowdfunding institutions.
- Legal advice on robo-advisors.
- Adaptation to anti-money laundering regulations and implementation of KYC processes.
- Legal advice on ICOs (initial coin offerings), STOs (token offerings considered as financial instruments) and, in general, issuance of all types of tokens.
- Advice on compliance with due diligence obligations and customized compliance plans, especially in the areas of money laundering and personal data protection.
- Drafting of contracts and legal opinions.
Case of technological-legal innovation in the fintech sector: Fiabilito
- We have created Fiabilito, the first conversational assistant in Spanish that preliminarily diagnoses the degree of trustworthiness (‘lawfulness’, ethics and robustness) of artificial intelligence algorithms used in the financial sector for the following use cases: robo-advisors, algorithmic trading, credit scoring, financial onboarding, risk management systems and AML / KYC compliance. And all aligned with the European Commission’s Ethical Guidelines for Trustworthy Artificial Intelligence. If you require a legal-technological algorithmic audit prior to the launch of your artificial intelligence product or service in order to be able to operate in the market with legal certainty, we can help you.