Rules on the identity and identity of the customer - whether a natural person or a company - who wants to open bank accounts or apply for loans, without his physical presence is attempted by the European Banking Authority. It started a public consultation on December 10 and will receive comments by March 10, 2022, on the draft guidelines for the use of long-distance customer integration solutions.
These guidelines set out a common understanding by the Competent Authorities on the steps to be taken by financial sector actors to ensure safe and effective remote customer verification practices in accordance with applicable anti-money laundering and anti-money laundering legislation. the fight against terrorist financing (AML / CFT) and EU data protection legislation. A public hearing will be held via teleconference on February 24, 2022 from 11:00 to 12:30.
EAT in the text it has published notes that financial institutions have seen a growing demand for solutions without the physical presence of customers. This trend has been exacerbated by travel restrictions caused by the pandemic COVID-19. As a result, EBA considers it important for the Competent Authorities and financial stakeholders to understand the potential of these new remote solutions in order to make the most of the opportunities they offer and, at the same time, to support their proper and responsible use, as well as and be aware of the ML / TF hazards arising from the use of such tools and take steps to effectively mitigate those hazards.
EBA proposals are not bound by the adoption of one technology over another, but want uniform rules and responsibility for verifying data whether it is in physical form with the customer present or not. He concludes that the unnatural presence of customers in banks is now a reality, which is becoming more urgent than the pandemic and the change in consumer behavior. It also notes that institutional frameworks, directives, pan-European databases and plans for digital European identity exist, but are either not fully activated or are not compatible or cannot be linked to other Member States.
The document released by the European Banking Authority states, among other things, that it published a first opinion, in 2018, on the use of innovative solutions for credit institutions and included specific instructions for the collection of evidence of the identity of the person and the risk factors that may accompany. Stresses that it has a legal obligation to prevent the use of the EU financial system for the purposes of combating money laundering and the financing of terrorism and must lead, monitor and coordinate the fight of the EU financial sector for the purpose of this.
| Struggle for vulnerable adults and their rights |
Europe is trying to lend a helping hand to vulnerable adults who are unable to protect their rights and interests due to altered or inadequate personal skills. These people currently face multiple obstacles when moving abroad, buying or selling assets or simply managing their bank account in another Member State. This is due to the fact that the rules governing cross-border cases (rules of private international law) differ from one Member State to another. The Commission will gather information on the problem and its consequences, and give all stakeholders the opportunity to share their views on possible policy options. The aim of this initiative is to harmonize and simplify the legal rules for determining the court that has jurisdiction in a cross-border case, the law in the case and the recognition of foreign measures. The aim is also to facilitate cooperation between EU Member States and to pursue cross-border affairs. The public consultation started on 21 December 2021 and will last until 29 March 2022 and will be available in all European languages. The public consultation is addressed to: vulnerable adults, their relatives and legal representatives, associations and organizations representing the rights of people with disabilities, people who come into contact with vulnerable adults in their professional activities, such as professionals in the field health and banking officials, practicing law-related professions, including judges, notaries and lawyers, other competent authorities, social services, central authorities and services of the Member States.