FFinTech
Zwischen Swipe und Aufsicht Social Commerce boomt – doch rechtlich ist nicht alles erlaubt. Wann Plattformen Zahlungsdienste erbringen und welche Ausnahmen greifen, erklärt der Beitrag. Regulation
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  • 6 minute read

Between swiping and regulation

Social commerce is transforming social media platforms like TikTok into virtual marketplaces—but without a license to provide payment services, legal challenges arise. This article examines how existing payment regulations apply to new platform models and the regulatory tightrope they must walk.
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FFinTech
BaFin puts turbo certificates on a tight leash 1
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  • 2 minute read

BaFin puts turbo certificates on a tight leash

General ruling to restrict the marketing, distribution and sale of turbo certificates to retail investors With its general ruling, BaFin imposed restrictions on the marketing, distribution and sale of turbo certificates. It sets out strict conditions for all sales activities relating to turbo certificates targeting retail investors.
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LLegal
Von Outsourcing zu Third Party Arrangements: Die neuen EBA-Leitlinien zum Drittparteienmanagement • Teil 1: Überblick über die wichtigsten Neuerungen
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  • 7 minute read

From Outsourcing to Third Party Arrangements: The New EBA Guidelines on Third-Party Risk Management 1/2

On 8 July 2025, the European Banking Authority (EBA) published a new consultation paper on the EBA Guidelines for third-party risk management. The draft goes well beyond the previous Outsourcing Guidelines from 2019. The objective is to establish a harmonised European framework for managing third-party risks, aligned in particular with the Digital Operational Resilience Act (DORA). Part 1 of the analysis highlights the key innovations and main content; a practical assessment will follow in Part 2.
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FFinTech
Neues Buch: Das Recht der digitalen Zahlungsdienstleistungen
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  • 2 minute read

PayTechLaw – now available as a book!

With the title “PayTechLaw – The Law of Digital Payment Services”, a new handbook has been published by C.H. BECK. It is dedicated entirely to the regulatory and civil law framework of digital payments. The editors: Prof. Dr. Carsten Herresthal, LL.M., and Annerton partners Dr. Matthäus Schindele and Frank Müller, LL.M. – all recognized experts in payment services and financial regulatory law. They were supported by a top-class team of authors – including many familiar names from the Annerton environment and beyond.
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FFinTech
The Determining Role of the Schufa Score in Third-Party Decisions 5
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  • 5 minute read

The Determining Role of the Schufa Score in Third-Party Decisions

Whether the Schufa score is decisive for third-party credit decisions has, since the CJEU ruling of 7 December 2023 (C-634/21), determined whether its mere calculation qualifies as an automated decision within the meaning of Article 22(1) GDPR. The CJEU made it clear that this cannot be assumed in general but must instead be assessed by national courts on a case-by-case basis. Since then, uncertainty has prevailed as to how the requirement of “decisiveness” should be interpreted.
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FFinTech
From Onboarding to Offboarding: Lifecycle Management of ICT Third-Party Relationships under DORA 7
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  • 5 minute read

From Onboarding to Offboarding: Lifecycle Management of ICT Third-Party Relationships under DORA

The DORA Regulation (EU) 2022/2554 obliges financial institutions to manage their ICT third-party relationships in a structured way across the entire lifecycle – from selection to exit. For FinTechs, this means that ad hoc purchases of IT services are a thing of the past. Instead, documented and auditable processes are required, taking into account risks, supervisory requirements, and exit strategies.
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