政策制定者、大型金融科技公司和联合国可持续发展目标

Artem Sergeev, D. Arner, Kuzi Charamba
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引用次数: 1

摘要

本文是联合国全球数字金融治理工作组系列文章的一部分,研究了与数字金融平台(“大金融科技”(BFTs))相关的现有监管框架,以及它们对联合国可持续发展目标(sdg)的积极和消极影响,特别关注与发展中国家有关或源自发展中国家的监管举措。本文首先强调了bft在通过普惠金融和提供金融服务促进可持续发展目标方面的巨大潜力。然而,由于平台经济、市场集中和主导的趋势、数据滥用和现有监管标准的差距,bft也给金融体系带来了独特的风险。为了应对这些风险和机遇,国内外决策者制定了一系列针对数字技术、金融和可持续发展的监管方法。大多数监管程序和方法并没有特别关注bft或可持续发展目标;它们也没有具体从发展中国家的角度处理问题。此外,虽然监管机构和政策制定者现在正关注数字化和与可持续性相关的风险,但到目前为止,bft的治理与追求可持续发展目标之间似乎没有什么协同作用。为了更好地理解现有监管方法的范围和局限性,本文考虑了两个方面。首先,本文考察了与bft的经济活动、结构和影响相关的法规,重点是金融、数据、竞争和互联网/电信法规。现有的监管程序解决了bft带来的一些挑战,包括对金融稳定的风险(即系统性风险考虑)、市场主导地位和集中度、数据保护和互联网/电信许可。与此同时,对bft的现有监管反应在各个司法管辖区并不一致,导致国内法的治外法权和监管碎片化问题。此外,监管机构在处理bft方面的技术专长和经验往往有限,并且正在努力为bft产生的风险提供有效的解决方案。其次,本文考察了与可持续发展目标相关的监管举措。迄今为止,大多数与可持续发展相关的倡议都是在环境、社会和治理框架(ESG)的背景下制定的,而不是在可持续发展目标的背景下。我们的审查结论是,已经出现了一系列国内和国际政策,以解决与可持续性相关的风险,而不是以整体方式支持可持续发展。然而,这种不同标准的激增造成了监管的不确定性,并缺乏明确的ESG/SDG治理标准。尽管欧盟等多个司法管辖区试图将ESG/SDG治理标准化,但仍没有统一的ESG/SDG报告和监督方法。此外,大多数现有的ESG/SDG治理标准都是自愿的,或者对技术的影响不敏感。基于对BFT和可持续发展目标进程和监管方法的分析,我们强调了相关利益攸关方需要解决的差距。首先,监管机构应促进国际和国家监管标准之间的更大一致性。这一点在发展中国家可能难以遵守各种国际标准和办法的情况下特别重要。第二,鉴于BFT业务模式涉及面广,监管机构应加强工作协同与合作。第三,发达国家监管机构应更多关注发展中国家的利益和需求,支持发展中国家实现可持续发展。四是对金融科技企业和服务采取均衡、比例的监管方式,应对金融科技带来的新风险。技术文件3.2和3.3讨论了解决这些差距的具体方法。
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Policymakers, BigFintechs and the United Nations Sustainable Development Goals
This paper - part of a series from the UN Taskforce on Global Digital Finance Governance - examines existing regulatory frameworks relating to digital finance platforms - "BigFintechs" (BFTs) - and their positive and negative impacts on the United Nations Sustainable Development Goals (the SDGs), with a particular focus on regulatory initiatives in relation to or originating from developing countries. The paper begins by highlighting the significant potential of BFTs in contributing to the SDGs through financial inclusion and provision of financial services. However, BFTs also create unique risks to the financial system as a result of platform economics and tendencies toward market concentration and dominance, misuse of data and gaps in existing regulatory standards. In response to these risks and opportunities, domestic and international policymakers have developed a range of regulatory approaches to digital technology, finance and sustainable development. Most of these regulatory processes and approaches are not specifically focused on BFTs or the SDGs; they also do not specifically address issues from a developing country perspective. Further, while regulators and policymakers are now focusing on digitization and sustainability-related risks, so far there appears to be little synergy between the governance of BFTs and the pursuit of the SDGs.

To better understand the scope and limitations of existing regulatory approaches, this paper considers two aspects. First, the paper examines regulations relating to economic activities, structures and impact of BFTs, with a focus on financial, data, competition and Internet/telecoms regulations. The existing regulatory processes address some of the challenges brought by BFTs, including risks to financial stability (i.e. systemic risk considerations), market dominance and concentration, data protection and Internet/telecommunications licensing. At the same time, existing regulatory responses to BFTs are not consistent across jurisdictions, leading to problems with extraterritoriality of domestic laws and regulatory fragmentation. Further, regulators often have limited technical expertise and experience in dealing with BFTs and are grappling with providing effective answers to risks generated by BFTs.

Second, the paper examines regulatory initiatives relating to the SDGs. To date, most sustainability-related initiatives have been developed in the context of environmental, social and governance frameworks (ESG) rather than the SDGs. Our review concludes that an array of domestic and international policies has emerged to address sustainability-related risks, rather than to support sustainable development in a holistic manner. The proliferation of such different standards, however, creates regulatory uncertainty and a lack of clear standards for ESG/SDG governance. While several jurisdictions such as the EU have attempted to standardize ESG/SDG governance, there is still no coherent approach to ESG/SDG reporting and supervision. In addition, the majority of existing ESG/SDG governance standards are voluntary or insensitive to the impact of technology.

Based on the analysis of the BFT and SDG processes and regulatory approaches, we highlight the gaps that need to be addressed by relevant stakeholders. First, regulators should promote greater consistency among international and national regulatory standards. This point is particularly relevant in the context of developing countries that may struggle to comply with varying international standards and approaches. Second, considering the broad scope of BFT business models, regulatory bodies should promote greater synergy and cooperation in their work. Third, regulators in developed countries should pay greater attention to the interests and needs of developing countries to support their pursuit of sustainable development. Fourth, regulators should adopt balanced and proportional regulatory approaches for fintech companies and services to address new risks created by BFTs. Specific ways to address such gaps are discussed in Technical Papers 3.2 and 3.3.
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