News

Crypto Exchange Binance Banned by UK’s Financial Watchdog

Richard Marley
June 28, 2021
3 minutes read
102

Britain’s financial regulator, the FCA (Financial Conduct Authority) has said that Binance is no longer allowed to conduct regulated activity in the UK.

The Financial Conduct Authority has stated that one of the largest crypto exchanges in the world, Binance, is no longer permitted to conduct any regulated activity in the UK. The regulatory body has also issued a warning to the consumers about the crypto exchange, particularly as the platform is coming under increasing scrutiny worldwide.

FCA bans world’s largest crypto-currency exchange Binance

The financial watchdog has ruled that Binance cannot conduct any regulated activity in the UK.#binance #financial #ban #exchange https://t.co/2S6N2EBB6A

— CryptoElite v3.1 (@CryptoEliteNews) June 28, 2021

In a notice published on June 25, the FCA stated that Binance Markets Ltd, Binance’s only regulated UK body, “must not, without the prior written consent of the FCA, carry out any regulated activities… with immediate effect”. A wider warning was also issued to all consumers regarding Binance Markets and the Binance Group.

Despite the statement from the FCA, Binance has commented that Binance Markets, which it acquired in 2020, was not yet using its regulatory permissions, and that the FCA’s move would not impact services offered on its Binance.com website.

The FCA UK notice has no direct impact on the services provided on https://t.co/QILSkzx7ac.

Our relationship with our users has not changed. (3/4)

— Binance (@binance) June 27, 2021

In June last year, Binance announced that the company had bought an FCA-regulated entity and would be using it to offer cryptocurrency trading services using pounds and euros.

Additional Information in the Notice

Although trading cryptocurrency is not regulated in the UK, authorization is required when offering services such as trading in crypto derivatives.

The FCA has stated that by June 30, Binance must display a notice on its website and social media channels, stating “BINANCE MARKETS LIMITED IS NOT PERMITTED TO UNDERTAKE ANY REGULATED ACTIVITY IN THE UK”.

Additionally, the FCA has also ordered that by July 2, Binance must secure and preserve all the records of UK users and inform the FCA.

Why this step has been taken, is not yet explained by either party. However, the step may have arisen due to growing concerns of Binance facilitating illegal activity across the globe.

Japan’s regulator stated on June 25 that Binance was illegally operating in the country. Last month, the US Department of Justice began an investigation on Binance over concerns of AML breach.

Disclaimer: No warranty is herein provided that the information contained in this document is accurate, up-to-date, and/or complete. In no circumstance(s), does such information constitute legal or any other advice. Any person who intends to use, rely, pass-on, or re-publish the information contained herein in any way is solely responsible for the same. We suggest to verify the information and/or obtain expert advice independently if required.

Latest News

News
HKMA Issues Guide for Regtech Adoption in Customer Monitoring
Additional Information in the Notice
The second guide published by the HKMA will allow banks to test their internal measures and infrastructure capabilities for the adoption of Regtech solutions.

As part of a two-year roadmap, the Hong Kong Monetary Authority (HKMA) has published its second issue, the Regtech Adoption Practice Guide, to promote the adoption of regtech solutions in the banking sector. The new issue follows the first guide, which focused on the adoption of cloud-based regtech solutions.

In January, the HKMA published case studies that highlighted the benefits of adopting regtech solutions, particularly for meeting Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) compliance targets.

The new guide adds to the previous publication and focuses more on the benefits of adopting regtech solutions in the area of customer monitoring – a task that is necessary for banks to perform to stay AML/CFT compliant.

The guide states that these solutions are of the essence, as manual processes are becoming a thing of the past. Additionally, regtech solutions can enable banks to stay up-to-date and collect necessary information related to customers and their transactions.

“This information is essential to understanding whether the purpose and intended nature of the customer’s activities are commensurate with its risk profile and the nature of the business relationship”, the guide states.

The HKMA adds that while the adoption of advanced technologies such as machine learning and cognitive solutions is still in its emergent stage, they are the prime areas of growth.

HKMA Issues Guide for Regtech Adoption in Customer Monitoring – Regulation Asia: HKMA Issues Guide for Regtech Adoption in Customer Monitoring Regulation Asia https://t.co/GdiOxrrPNY pic.twitter.com/I6UF1tJGRc

— Financely (@financelygroup) July 27, 2021

The Guide also highlights the major bottlenecks and pain points that banks face during customer monitoring, which regtech solutions can easily address. Key developments in the industry and possible regtech applications are also outlined.

The Guide consists of practical guidelines that banks can follow to automate ongoing monitoring of customers.

The Regtech Adoption Practice Guide can be viewed here.

Suggested Read: RegTech facilitates effortless AML Compliance

Recent Posts

Blog
Indonesia's First-ever Comprehensive Law on Data Privacy - the PDP Bill
Additional Information in the Notice
Being the largest economy in Southeast Asia, Indonesia is experiencing enormous growth in the digital ecosystem. By 2020, the country had 338.2 million mobile connections, 175.4 million internet users, and 160.0 million social media users. However, this growth has introduced challenges for ensuring personal data protection (PDP).

With personal data leaks, data thefts, and ID fraud becoming a recurring problem, the Indonesian government submitted the PDP Draft Bill to the Chairperson of the Indonesian House of Representatives in 2020. The bill is set to become law later this year, introducing key updates such as data transfer rules, ownership rights, data processing guidance and much more. This blog will shed a light on the highlights of the PDP bill.

What is Personal Data Privacy?

Personal data privacy, also known as information privacy, refers to protecting sensitive data such as an individual’s Personally Identifiable Information (PII), intellectual property data, and financial information. Personal Data Protection (PDP) is essential for ensuring regulatory compliance to privacy laws, as well as ensuring the confidentiality and immutability of the data.

Why is the Indonesian PDP Law Important?

While there are several personal data protection laws existing in the country, they remain scattered under various regulations. The main point of reference for data protection is the Law on Electronic Information and Transactions in Indonesia. The PDP law will become the first Indonesian law that includes specific, comprehensive guidance regarding the protection of personal data via both, electronic and non-electronic systems.

Secondly, it should be noted that the legislation is based on the EU’s General Data Protection Regulation (GDPR). This means that businesses and consumers within Indonesia will be subject to the same data rights and processing procedures as the EU.

Who Does it Apply to?

The Personal Data Protection law will be applicable to all business entities that deal with the personal data of Indonesian citizens, regardless of their geographical location. These business entities can fall in either category, private or public sector, whether located aboard or within Indonesia. The primary aim of the law is to protect all sensitive information being processed manually or digitally by individuals or corporations.

Key Takeaways of the PDP Law

Indonesia’s updated data protection bill will soon be introducing changes to revamp the country’s data privacy rules. Here is a brief summary of the PDP law.
1- Personal Data Definition and Categories

The definition of personal data mirrors the definition provided by the EU’s General Data Protection Regulation. Additionally, the type of data has been subdivided into two main categories; general and specific.

General Personal Data: This includes data such as an individual’s full name, age, religion, and citizenship which is collected for the purpose of identity verification.

Specific Personal Data: This type of data includes financial information, healthcare data, biometric information, genetic data, life/sexual orientation, political stance, criminal records, child data, and so on.

2- Rights of Personal Data Owners

While the rights of personal data owners were not explicitly explained previously, the updated draft outlines eleven rights, similar to the ones mentioned under the GDPR. This includes the right to terminate the processing of personal data, deletion of personal data, the right to sue and receive compensation over data privacy violations, and much more.

3- Identification of Key Roles

The PDP law separates the roles of “data controller” and “data processor”.

Personal Data Controller (PDC): This is the party responsible for determining the purpose of collecting data, processing the personal data, and defining its retention period. Before data processing begins, the PDC is required to obtain consent from the Personal Data Owner, either in written or recorded form.

Personal Data Processor (PDPr): This party processes the information collected on the behalf of the data controller.

4- Appointment of a Data Protection Officer

To ensure that the data collected is being used for public service, both the PDC and PDPr are required to appoint a data protection officer. In addition to this, the data protection officer will also be responsible for ensuring the PDC implements activities for regular monitoring of personal data and the processing of large-scale personal data related to criminal offences.

5- Transfer of Personal Data

The transfer of personal data between two PDCs have been permitted, provided that the consent has been obtained from the personal data owner and the transfer is done in accordance with the PDP Bill. For transferring data outside Indonesia, two requirements need to be met. Firstly, the receiving country must have a law equivalent to, or higher than the PDP bill. Secondly, there must be a treaty between the receiving country and Indonesia.

6- Administrative and Criminal Sanctions

Two types of sanctions have been introduced for parties that fail to comply with the PDP Bill. These include the following:

Administrative Sanctions: forms: a written warning, temporary halt of processing personal data, deletion or destruction of personal data, compensation, and administrative fines.

Criminal Sanctions: Misconduct of personal data privacy can lead to imprisonment for up to seven years and confiscation of assets, on top of fines up to 70 Billion IDR (US$4.8 million).

How To Maintain Compliance with the Personal Data Protection Bill

To stay compliant with the PDP bill, entities will be given two years to implement necessary policies and procedures. The following action plans can be implemented to stay compliant.

Review the current data protection procedures to ensure end-to-end data protection

Review current contracts/consent with customers to include all the necessary clauses, such as the data owner’s rights, data transfer regulations, obligations when processing personal data, etc.

Assess the business processes to ascertain the implementation of adequate procedures

Ascertain proper implementation of PDP law by third parties to secure the collection and processing of personal data

Invest in RegTech technologies and software to streamline compliance with regulatory requirements by automating compliance procedures

Summing it up

The GDPR-influenced Personal Data Protection Bill is soon to be introduced this year and is set to become Indonesia’s first comprehensive law on data privacy. This is a step in the right direction, given the vast crimes committed through breach of confidential data. By acknowledging the rights of the stakeholders involved, introducing precise sets of definitions, and presenting non-compliance penalties, the PDP bill is on its way to becoming one of the strongest data privacy laws among the fourteen Asian countries which currently have such laws in place.

Need more information? Talk to our experts!
Talk to Us

Crypto Exchange Binance Banned by UK’s Financial Watchdog

Additional Information in the Notice

Why is the Indonesian PDP Law Important?

Who Does it Apply to?

Key Takeaways of the PDP Law

1- Personal Data Definition and Categories

2- Rights of Personal Data Owners

3- Identification of Key Roles

4- Appointment of a Data Protection Officer

5- Transfer of Personal Data

6- Administrative and Criminal Sanctions

How To Maintain Compliance with the Personal Data Protection Bill

Summing it up

Let’s prove your

customer’s identity

with Shuftipro.

Let’s prove your customer’s

identity with Shuftipro.

Crypto Exchange Binance Banned by UK’s Financial Watchdog

Additional Information in the Notice

What is Personal Data Privacy?

Why is the Indonesian PDP Law Important?

Who Does it Apply to?

Key Takeaways of the PDP Law

1- Personal Data Definition and Categories

2- Rights of Personal Data Owners

3- Identification of Key Roles

4- Appointment of a Data Protection Officer

5- Transfer of Personal Data

6- Administrative and Criminal Sanctions

How To Maintain Compliance with the Personal Data Protection Bill

Summing it up

Let’s prove your

customer’s identity

with Shuftipro.

Let’s prove your customer’s

identity with Shuftipro.