|SCIENTIFIC DISCIPLINARY SECTOR||IUS/05|
The course aims to provide students with the adequate tools to understand and critically analyze from the legal point of view the challenges that technological evolution entails for the financial sector, with the objective of acquiring useful skills in the future working environment. It will focus on the Italian and European law applicable to Fintech and, therefore, to financial services provided through the use of the most important, recent and continously evolving technologies, underlying the main legal issues and possible solutions. The entire course will be offered in English.
The course aims to provide students with the adequate tools to understand and critically analyze from the legal point of view the challenges that technological evolution entails for the financial sector, with the objective of acquiring useful skills to apply in the future working environment. Students, after having refreshed the bases of banking regulation and studied investment services and financial markets laws (Italian financial markets code and relative Consob Regulations; main European Directives and Regulations in the financial law field), will apply such knowledge to the context of the main Fintech categories, delving into the most significant aspects. For each of the main Fintech applications, in fact, we will analyze the most relevant risks and benefits, legal issues raised, regulatory responses and doctrines, with special reference to the Italian and European regulatory framework, in addition to the main international principles and guidelines. Lectures providing explanations and commentary on the laws will be accompanied by the analysis of practical cases, judicial decisions and collective discussions and practical exercises, in order to allow students, not only to understand the topics discussed from a legal point of view but also to acquire the tools to navigate with confidence and at a professional level the new digital economy, applying legal rules and reasoning to practical cases and specific issues. The course will focus on the regulation of banking, payment services and financial markets and investment services but, also because of the multi-sectorial nature of the fintech sector and practical perspective of the course, it will adopt a multi-disciplinary approach, dealing therefore also with issues within insurance law, company and business law, competition law, private law and data protection, public law, international private law, ethics, law and economics. Experts from the sector will be invited to share their precious experience and knowledge.
Lessons (with active participation of students; role-playing; instant polling; case-based learning) and seminars (with presentations by students and by external experts: team-based learning, case-based and problem-based learning, debate, role playing).
Students with disabilities and working students are invited to contact the teacher.
Part I: first overview/background
Part II: Fintech and financial regulation (general)
Part III: Analysis of specific Fintech in relation to relevant financial regulation
Part IV. New frontiers: Green fintech/sustainable digital finance
Slides and recommended material will be available through Aulaweb.
For the general part on financial regulation, students might refer (on voluntary basis, as a support to slides) on the following handbooks:
o De Poli Matteo, Fundamentals of European Banking Law, Kluwer, 2020 + Rüdiger Veil, European Capital Markets Law, Bloomsbury 2020 (or more recent edition)
o Matthias Haentjens & Pierre De Gioia Carabellese, European Banking and Financial Law, Routledge, 2020 (or more recent edition)
Office hours: A meeting (in presence or through Teams) with the teacher can be agreed writing an e-mail to firstname.lastname@example.org Anyway, Prof. Macchiavello is generally available: - in La Spezia, right before the start of classes on Thursdays - In Genoa, at the Department of law - business and economic law section, via Balbi 22, second floor, stair on the left on Mondays and Tuesdays and at the Department of economics, second floor, room 8, Via Vivaldi right before/after classes
EUGENIA MACCHIAVELLO (President)
CHIARA VALENTI (Substitute)
18 September 2023
All class schedules are posted on the EasyAcademy portal.
Oral exam but active participation in class and presentations and comments at seminars will be taken into account for the final grade of students regularly attending classes.