TY - JOUR
T1 - Access to finance for Artificial Intelligence regulation in the financial services industry
AU - Lee, Joseph
N1 - Publisher Copyright:
© 2020, The Author(s).
PY - 2020/12/1
Y1 - 2020/12/1
N2 - This paper discusses the design of the legal and regulatory framework for using artificial intelligence (AI) in the financial services markets to enhance access to finance (financial inclusion). The author argues that the development of AI should continue to adhere to the regulatory objectives of market safety, consumer protection, and market integrity. However, to ensure equality and fairness, access to finance should be made a clear policy choice. In the first part, the author discusses how AI can lead to systemic risks and market manipulation on trading platforms. For example, by examining the use of algorithms for trading on the capital market, the author discerns the regulatory objectives and the possible methods of regulation for peer-to-peer platforms. In the second part, the author discusses how the use of AI to provide consumers with investment advice, such as financial advice provided from robo-advisers, can close the investment advisory gap and provide consumers with access to finance. The current regime does not provide adequate protection to financial consumers in this regard. In the third part, the author discusses how AI can be used as a form of RegTech to streamline compliance processes, thereby increasing competition in financial markets and providing a benefit to consumers. However, this use may be in conflict with privacy, data protection, and ethical concerns. The author makes policy recommendations and suggests some directions for governance in the use of AI in financial services to enhance access to finance. The findings of this paper are relevant to research on the future governance of AI in financial services, public policy innovation, and urban development.
AB - This paper discusses the design of the legal and regulatory framework for using artificial intelligence (AI) in the financial services markets to enhance access to finance (financial inclusion). The author argues that the development of AI should continue to adhere to the regulatory objectives of market safety, consumer protection, and market integrity. However, to ensure equality and fairness, access to finance should be made a clear policy choice. In the first part, the author discusses how AI can lead to systemic risks and market manipulation on trading platforms. For example, by examining the use of algorithms for trading on the capital market, the author discerns the regulatory objectives and the possible methods of regulation for peer-to-peer platforms. In the second part, the author discusses how the use of AI to provide consumers with investment advice, such as financial advice provided from robo-advisers, can close the investment advisory gap and provide consumers with access to finance. The current regime does not provide adequate protection to financial consumers in this regard. In the third part, the author discusses how AI can be used as a form of RegTech to streamline compliance processes, thereby increasing competition in financial markets and providing a benefit to consumers. However, this use may be in conflict with privacy, data protection, and ethical concerns. The author makes policy recommendations and suggests some directions for governance in the use of AI in financial services to enhance access to finance. The findings of this paper are relevant to research on the future governance of AI in financial services, public policy innovation, and urban development.
KW - AI
KW - Access to finance
KW - Financial services
KW - GDPR
KW - Investor protection
KW - Privacy rights
UR - http://www.scopus.com/inward/record.url?scp=85096321548&partnerID=8YFLogxK
U2 - 10.1007/s40804-020-00200-0
DO - 10.1007/s40804-020-00200-0
M3 - Article
SN - 1566-7529
VL - 21
SP - 731
EP - 757
JO - European Business Organization Law Review
JF - European Business Organization Law Review
IS - 4
ER -