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In brief

A series of briefings that take a “bite-size” look at international trends in different jurisdictions, drawing on Baker McKenzie’s expert financial services practitioners with local market knowledge.


Over recent years, developing artificial intelligence (AI) and machine learning technology has seen gradual adoption within financial services, for example, in credit scoring, to automate assessments of creditworthiness. Other use cases such as robo-advice, have developed less quickly than expected. However, the emergence last year of generative AI capable of human-like text that can analyze vast amounts of data and create new content has caught the public’s imagination and turbocharged interest in potential use cases together with concern over the inherent risks. For our part, Baker McKenzie in “The Next Decade in Fintech” has explored with experts in the field how AI in financial services is likely to evolve in the years to come.

In this edition of Bite-size Briefings, we take a bite-size look at the latest developments concerning AI regulation as it affects financial services in Australia, the EU, Hong Kong SAR, Thailand, the UK and the US.

Key takeaways

  • Currently, the EU is furthest along the road to developing specific AI legislation of general application and, given the size of its market, this may set the tone elsewhere, while other jurisdictions and their regulators are busy publishing principles and guidance.
  • The mischief sought to be addressed is nonetheless the same including governance, lack of explainability, as well as the risk of bias and discrimination.

Click here to access the full article.

Author

Tim Alferink is a partner within the Financial Services & Regulation team in the Amsterdam Banking & Finance practice with over 18 years of experience. He focuses on financial markets regulations, financial products and financial markets transactions. Tim primarily works for financial institutions, ranging from international financial conglomerates to fintech start-ups. In his practice, Tim benefits from his broad experience as attorney-at-law, in-house legal counsel and Big Four legal consultant.

Author

Paula De Biase leads the Financial Services Regulatory Department in the Madrid office. With more than 14 years' experience in financial regulation, she has advised national and international clients in various areas of the financial services sector: payment services, fund management, investment services, consumer credit and other banking and insurance services, including Fintech initiatives and other online and mobile solutions. Paula has taught Banking Law in the Master's programmes of several universities: the International Legal Consultancy degree at IE; the International Law, Foreign Trade and International Relations degree at ISDE; the Business Law degree at the Universidad de Navarra, and the Venture Capital and Entrepreneurship degree at INCARI/Rafael del Pino Foundation.

Author

Amy serves as the Co-chair of Baker McKenzie's North American Financial Regulation and Enforcement Practice, which provides our clients with a full range of regulatory advice and enforcement counseling. Amy also serves on the steering committees of the Firm's Global Financial Services Regulatory and Global Financial Institutions Groups. Previously, Amy has served as chief litigation counsel at the US Securities and Exchange Commission's (SEC) Philadelphia regional office and managed a team of lawyers overseeing a wide variety of enforcement matters.

Author

Jennifer L. Klass serves as the co-chair of Baker McKenzie's North America Financial Regulation and Enforcement Practice, which provides clients with a full range of regulatory advice and enforcement counseling. Jen is an experienced financial services regulatory lawyer with particular focus on investment adviser regulation and the convergence of investment advisory and brokerage services. She regularly represents clients before the US Securities and Exchange Commission (SEC), both in seeking interpretative guidance and in managing examination and enforcement matters.

Author

Dr. Manuel Lorenz joined Baker McKenzie in 1999 and currently serves as Head of German Financial Services Regulatory Practice. Dr. Lorenz has been admitted as a lawyer in Germany since 1991 and in England and Wales since 1996. In addition to his practice, Dr. Lorenz lectures at the Institute for Law and Finance at the Johann Wolfgang Goethe University in Frankfurt am Main.

Author

Karen Man is a partner in Baker McKenzie’s Financial Services group, leading the non-contentious Financial Services Regulatory practice. Her clients include global, Chinese and local banks, fund managers, brokers/dealers, money service operators and fintech firms. Karen is admitted to practice in Hong Kong, the UK, and Australia.

Author

Trudi is a Partner in Baker McKenzie's Financial Services & Funds team in Brisbane.

Author

Mark heads the Financial Services & Regulatory (FSR) practice group in London and co-leads the FinTech group. He also acts as Chair of the FSR practice for the EMEA region and sits on the Global FSR Steering Committee. Mark is ranked as a Leading Individual in Legal 500 2022 for Financial Services (Non-Contentious Regulatory) and is individually ranked in Chambers 2022 for FinTech. He is described in these publications as being "very knowledgeable" and "very approachable" with "a wonderful range of FinTech experience" and as someone who is "clear, commercial and pragmatic and understands all the issues in detail." He has authored a number of articles and contributions for leading journals and other publications, most notably the Journal of International Banking and Financial Law, the International Guide to Money Laundering Law and Practice, and A Practitioner's Guide to the Law and Regulation of Financial Crime.

Author

Benja is a partner in the Bangkok office of Baker McKenzie. She joined Baker McKenzie in 2001 and is specialized in the areas of financial products including but not limited to derivatives, structured products, structured finance, wealth management, private banking, fund management and debt capital market, especially in regard to the regulatory matters. She has been also acting as a Thai legal counsel for ISDA Association and regularly advises international banks, capital markets intermediaries, fund managers, insurance companies and other financial institutions on financial services compliance and regulatory matters. She has been recognized by several of the world's leading legal directories.

Author

Shemira is a senior associate in Baker McKenzie's Sydney office. Her practice focuses on FinTech, corporate crime and financial services.

Author

Richard Powell is Lead Knowledge Lawyer for Baker McKenzie's Financial Institutions Industry Group where he is responsible for legal content projects, training and knowledge initiatives. Previously he was a member of the UK Financial Conduct Authority's Enforcement Division where he advised on regulatory cases. He has also been an editor of Bloomberg Law's UK Financial Services Law Journal.

Author

Kimberly Everitt is Baker McKenzie's knowledge lawyer for Financial Services Regulation & Enforcement, covering the EMEA region, and brings over a decade of experience to the team in both knowledge and fee-earning roles. Prior to joining Baker McKenzie, Kim held roles specializing in contentious financial services regulation knowledge, and her fee-earning roles covered non-contentious regulation in the private equity and general financial services sectors.

Author

Nunnaphat Chaophatcharathavekij is a Legal Professional in Baker McKenzie, Bangkok office.

Author

Ann Srikiatkhachorn is an Associate in Baker McKenzie, Bangkok office.

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Bhalarp Vallayapet is a Senior Associate in Baker McKenzie, Bangkok office.

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