TY - CHAP
T1 - The ‘independence day’ of payments law? Fintech’s impact on financial regulation in Japan
AU - Tokutsu, Akira
N1 - Funding Information:
Acknowledgements This work was supported by JSPS KAKENHI Grant Numbers JP19K01362, JP18H00808, JP18H03611.
Publisher Copyright:
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2020.
PY - 2020
Y1 - 2020
N2 - Fintech has been a buzzword in Japan since 2015. The fintech business model in Japan is similar as in other countries: crowdfunding, cryptocurrency, blockchain, AI, Big Data, and cashless payments. What has been the largest impact of fintech in Japan? At first glance, fintech seems to require a change in the financial regulation framework, but this is not the case. In Japan, traditional financial regulation is piecemeal or trident, with a separate legislative framework for banking, insurance, and securities. This framework is not unreasonable because it is designed to respond to different risks. Of course, some other new financial businesses appeared before fintech, and regulation responded to the new risk. Fintech is not a completely new business but just the unbundling of current financial businesses. Especially, payment became more independent from banking today, thanks to the fintech movement. Therefore, regulation just for payment is required more clearly. Currently, the FSA is planning to create a new category of regulation for it. It seems fintech requires a change in the basic framework of financial law. But both in practice and in theory, a pure payment service has attracted attention before fintech. Therefore, fintech, or any other technological innovation, does not require a complete change of regulation but a clarification of current law.
AB - Fintech has been a buzzword in Japan since 2015. The fintech business model in Japan is similar as in other countries: crowdfunding, cryptocurrency, blockchain, AI, Big Data, and cashless payments. What has been the largest impact of fintech in Japan? At first glance, fintech seems to require a change in the financial regulation framework, but this is not the case. In Japan, traditional financial regulation is piecemeal or trident, with a separate legislative framework for banking, insurance, and securities. This framework is not unreasonable because it is designed to respond to different risks. Of course, some other new financial businesses appeared before fintech, and regulation responded to the new risk. Fintech is not a completely new business but just the unbundling of current financial businesses. Especially, payment became more independent from banking today, thanks to the fintech movement. Therefore, regulation just for payment is required more clearly. Currently, the FSA is planning to create a new category of regulation for it. It seems fintech requires a change in the basic framework of financial law. But both in practice and in theory, a pure payment service has attracted attention before fintech. Therefore, fintech, or any other technological innovation, does not require a complete change of regulation but a clarification of current law.
KW - Banking
KW - Financial regulation
KW - Fintech
KW - Japan
KW - Payment
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U2 - 10.1007/978-981-15-5819-1_8
DO - 10.1007/978-981-15-5819-1_8
M3 - Chapter
AN - SCOPUS:85090256242
T3 - Perspectives in Law, Business and Innovation
SP - 139
EP - 162
BT - Perspectives in Law, Business and Innovation
PB - Springer
ER -