Some Digital Asset Service Providers (DASPs) now have only until 18 December 2020 to register with the French Financial markets authority (AMF).
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Gide 255 analyses recent updates and the challenges of innovation.
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DASP & French’s PACTE Law: Are you ready?
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Security Tokens : Towards a suitable European regulatory framework
By Matthieu LucchesiGide 255 are today publishing a study on security tokens in partnership with Adan (Association pour le développement des actifs numériques), working in concert with the Association Française des Marchés Financiers (AMAFI), the Association Française des Professionnels des Titres (AFTI)
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FATF report on virtual assets: a first overview and new prospects outlined
By Jennifer D'HoirDecoding two reports on digital assets published by the Financial Action Task Force, responsible for setting international standards in combating money laundering and terrorist financing.
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ACPR launchs a discussion paper on artificial intelligence
By Matthieu LucchesiOn Thursday 11 June 2020, the French Prudential Supervision and Resolution Authority (Autorité de contrôle prudentiel et de résolution, or ACPR) published a discussion document on the governance of artificial intelligence (AI) algorithms in Finance.
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Memorandum of understanding on cooperation regarding Fintechs signed between the Autorité de Contrôle Prudentiel et de Résolution (“ACPR”) in France and the New York State Department of Financial Services (“NYSDFS”)
By Franck GuiaderThe Autorité de Contrôle Prudentiel et de Résolution (“ACPR”) and the New York State Department of Financial Services (“NYSDFS”) have announced their conclusion of an Memorandum of Understanding (MoU) to enhance international cooperation on FinTechs.
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Stablecoins at the heart of international financial regulators’ concerns: the Financial Stability Board calls for comments
By Franck GuiaderDecoding a consultative document on global stablecoins published by the Financial Stability Board, the G20’s financial regulatory arm
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Covid-19 | The digital currencies of central banks remain a priority
Gide 255 TeamThe publication by the Banque de France, on 29 March 2020, of a call for applications to experiment with a central bank digital euro is evidence of strategic importance of the subject for financial regulators, even in times of a global public health and economic crisis.
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Covid-19 | Orientated Crypto-€: working towards a dedicated digital currency to boost the Eurozone economy
Franck GuiaderOnce the current quarantine periods are over, public financial institutions will try everything to save businesses. Liquidity injections and credit easing have already been announced to limit bankruptcies and negative effects on the financial sector. How can public policies ensure that part of the orders and purchases are well oriented to assist the much-hoped economic rebound?
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Gide 255 contributes to regulatory discussions on the blockchain as part of a study conducted for the European Commission
Jennifer D'HoirThe Gide 255 team contributed to the study conducted on behalf of the European Commission to identify concrete courses of action that will further intensify the development of the use of blockchain technology in the European Union.
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Consultation of the European Commission on the Crypto-Assets Markets
Jennifer D'HoirOn 19 December 2019, the European Commission launched a public consultation on the potential changes to make to existing financial regulations and the novelties to include to ensure the sustainable development of the crypto-assets markets in Europe.
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Gide launches its first student competition on law and innovation
L'équipe Gide 255In order to encourage innovation in the practice of law and put the spotlight on talented individuals, Gide is organising the first edition of its “Shake The Law” student competition, in partnership with Challenges magazine.
If you are a student with 5 years or more of higher education, you specialise in Economics & Business, Engineering & Technology, Political Sciences or Law: please apply!
Win your place to defend your ideas before a prestigious jury, as well as a EUR 6,000 cash prize and an internship at Gide!
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G7 and G20 Reports on stablecoins: Lessons and opportunities for industry players
By Franck GuiaderOn 18 October 2019, the G7 and the Financial Stability Board (FSB) respectively published their first impact analyses of projects aiming to mass-launch digital tokens with a relatively stable value, also called stablecoins. The interest in these new instruments demonstrates that international authorities are recognising their existence and hope to anticipate their development outside of any adapted regulatory framework.
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Gide 255 partners with France Invest and drafts the Guide to Capital Investment in Africa
By Matthieu LucchesiGide 255 is proud to have contributed to writing the “Guide du Capital-Investissement en Afrique – Investir dans la croissance des entreprises en Afrique” [Guide to Capital Investment in Africa – Investing in the growth of companies in Africa].
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Security tokens: opportunities and challenges of a new market
By Matthieu LucchesiGide, through its Gide 255 team dedicated to innovation, is proud to have been actively involved in the recent study on security tokens carried out alongside leading associations FD2A (formerly AFGC), AMAFI, AFG and ASPIM, as well as PwC, Consensys and Woorton. Gide has operational expertise in the matter, having recently advised Société Générale on its first covered bond issue on a public blockchain.
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Insight : The FinCen published a guidance that specify the scope of application of FinCEN’s regulation involving convertible virtual currencies
Par Jennifer D'HoirThe US Financial Crimes Enforcement Network specifies the scope of anti-money laundering rules applicable to activities involving convertible virtual currencies
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Blockchain
A booming technology and a regulatory framework under constructionBlockchain is a booming technology that uses a transparent, secure and decentralised ledger, opening up a wealth opportunities for all business actors in a legal framework that is, as yet, still under construction.
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What is blockchain?
“blockchain”, initially “block chain”, is a term that is now widely used. It is essential to understand the concept behind it.
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How should you position your company as regards blockchain?
Blockchain offers a number of opportunities, which are different for each actor. It is therefore important to reconsider your company positioning and the application you will make of the technology.
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What structure to “blockchain” your activity(ies)?
Integrating blockchain in companies’ business models can be carried out in many ways. Companies should anticipates these practical modalities taking into account specific operational and legal issues each of them might be facing.
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Coin offerings are a new way to finance technological activities. But do they comply with Sharia law?
Certain investors are bound by Shariah principles for their project financing activity. Blockchain and its operating principles could offer them new opportunities.
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ICO
Initial Coin OfferingsBased on blockchain technology, Initial Coin Offerings, or ICOs, are a new way to finance projects, meaning such a project can then benefit from reciprocal investment opportunities and network effects. A precise analysis is necessary to determine their relevance according to the business model being considered.
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What is the impact of blockchain on market players?
Blockchain covers a wide range of digital protocols. Its use, in a wide variety of fields, can wreak havoc on business models.
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What is an ICO?
The term “ICO” is now widely used, covering a vast reality with common features.
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PACTE Bill: How can Law cope with innovation?
By Jennifer D'Hoir & Matthieu LucchesiReconciling law with innovation is often a challenge for legislators since, by definition, innovation departs from existing standards and frameworks. Some may therefore question the ability of the law to address innovative trends.
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Why should I bother with ICOs?
ICOs offer many opportunities as well as a certain amount of risk for both project holders and investors.
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Does an ICO make sense for your business?
ICOs present certain key characteristics. Their relevance for each project and each business model must be carefully assessed.
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What are the regulatory issues of ICOs?
Whether you are a project holder or an investor, considering ICOs requires that you precisely analyse the legal constraints likely to apply in the various countries potentially involved.
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What ethical obligations come with using AI?
Ethics and artificial intelligence must go hand-in-hand. Ethics of the robot technology and tools deemed to be artificially intelligent have become a research topic in their own right.
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Artificial Intelligence
Cogito, ergo sumAI can take on different forms and be of different levels of maturity. It designates machines’ use of cognitive science to improve the performance of a user. AI must be regulated and thought through prior to being rolled out. Gide 255 works with you throughout AI integration stages.
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What legal protection is afforded to the algorithm that is the core of AI?
As with any innovation, the protection of an AI algorithm is an important question. Often considered as the very heart of the growth mechanism for companies with a strong technological potential, innovative algorithms are subject to industrial espionage, are often copied and sometimes pirated. In this field, intellectual property security is essential.
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What legal risks are you likely to encounter if you use artificial intelligence?
As soon as you are exposed to the use of data and the programming of automated reasoning, you will come up against a number of legal issues.
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What role could AI play in predictive justice?
Predictive justice is one of the most hotly debated applications of AI. In it, artificial intelligence could be used as a tool whose purpose is to predict court decisions thanks to an algorithm that mines legal and case-law data. Predictive methods developed for the field are gaining ground.
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How far can robots replace humans in terms of regulations?
Could Man be replaced by machines? Far from being utopian, this possibility has been one of the key ideas behind innovation in companies for several years now.
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Are there any consequences as regards a robot’s cross-border activity?
One of the obvious advantages of using robots is the increased production capacity they afford. Companies are also able to more easily develop their offer on an international scale, without needing to rely on physical local relays.
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Automation
Automation: human time bomb or augmented human?Could Man be replaced by machines? Far from being utopian, this possibility has been one of the key ideas behind innovation in companies for several years now. Gide 255 works with you on the automation of your business units and your commercial offer.
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Data
The strategic challenge of personal data protectionOngoing technological evolution and development of digitalisation regularly bring issues pertaining to personal data protection back into the spotlight. Worldwide personal data processing operations are regulated by an increasingly demanding legal context, exposing companies to more significant image risks and sanctions in the event of non-compliance with the applicable rules.
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