Fintech & Payments

FinTech & Payments

BarentsKrans’ FinTech & Payments team has extensive experience in areas such as:

  • Financial law: we advise on Dutch financial regulations such as the Financial Supervision Act (Wft), the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and the Sanctions Act 1977. We also advise on the scope of European directives and regulations, like PSD2 (and PSD3 and PSR), EMD2, AML/CFT rules and MiCAR.
  • IT and sourcing: drafting and negotiating contracts, monitoring and supporting implementation and transformation projects, and litigating on IT-related matters. We have the technical interest and drive to understand new developments.
  • Personal data and regulations: we advise on the GDPR and the Dutch implementing rules as well as on new data governance legislation, such as the AI Act, the Data Act, NIS2 and DORA.

On these topics, we also provide advice on national and EU guidelines issued by regulators, including the Dutch Central Bank (DNB), the Authority for the Financial Markets (AFM), the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA).

Technology

Recent projects

  • Various license applications (PSD2, EMD2 and MiCAR)
  • Regulatory due diligence for an investment in a payment institution
  • Regulatory due diligence and obtaining Declarations of No Objection from DNB for an acquisition of a payment institution
  • Advising a tech company on its cooperation with a payment scheme
  • Assistance of an insurance company with its outsourcing project
  • Advising a financial institution on the revision of its Binding Corporate RulesComplex legal analysis on use of biometrics data and AI, compatibility of the GDPR its national implementation in the Netherlands and viewpoints of national data protection authorities across the EU.
  • Supporting a renowned IT-supplier on a complex outsourcing deal.
  • In-depth analysis of the applicability of the new EU Digital Operational Resilience Act (DORA) to its activities for a large automotive.
“The BarentsKrans team are professional, committed and are constructive service providers. They are very solution-oriented and deliver high-quality results. They make complex matters manageable.”

Chambers FinTech, band 1

“The team is not only excellent in their legal knowledge, but they’re also really business savvy. I don’t have to explain to them the business side of our operations or my daily in-house challenges; they know that, and they understand where we’re coming from with our questions.”

Legal 500