Barry Cooper, Technical Director at Cenfri, presented "Fintech in Africa: Unpacking Risk and Regulation" at the Bowman Fintech Africa Conference in Johannesburg on the 25 May 2017
1. FINTECH IN AFRICA:
25 May 2017
BARRY COOPER
UNPACKING RISK AND REGULATION
Technical Director
CENFRI
2. Page 2
Problem: Legislative process/regulation amendments often
• too slow
• not well adapted to allow FinTech to develop
Result: FinTech is
• adapting to an unsuitable system or
• operating at risk in a grey area without an appropriate regulatory framework
or
• stifled by heavy regulatory burden
Aim: Achieve effective regulation while encouraging innovation
LEGAL SYSTEM NEEDS TO BE ADAPTED TO ENABLE
FINTECH
3. Page 3
Overarching principles
• Regulating for innovation to be
guided more by principles and
factors than by rigid rules
• It is ever-changing and often
challenges long-standing
concepts and definitions
Guiding factors overview
• Understand risk and impact on consumer
before proportional response
• Do not regulate the consumer out of
market
• Consumers should be well aware of risks
when adopting new products
• Consider the full legislative process
• Plan for failure
• Open engagement with industry with full
knowledge and framework limits
(sandboxing)
• Language should not be too definitive or too
vague
• Reality: first movers create the status quo =
good to engage early
REGULATION FOR FINTECH APPROACH: A BALANCING
ACT
Balancing act: this is a perpetual evolving story.
Regulation has driven innovation (need example)
Regulation has stifled innovation (need example)
Operating at risk in grey area
Do not regulate the consumer out of market - example: regulating the drug market (accepted level of fatalities)
Reality: first movers create the status quo = good to engage early – example: Mozambique mobile money (one individual persisted to achieve mobile money regulation)