Regulating Big Tech In Financial Services  in India

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Ikigai Law

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Ikigai Law is an award-winning law firm with a sharp focus on technology and innovation-led businesses. We advise clients from high impact startups to mature market-leading companies and are often at the forefront of policy and regulatory debates for emerging business models. Our TMT practice is ranked by Chambers and we were named Boutique Law Firm of the Year in 2019 by Asian Law Business.
This post discusses RBI's concerns about Big Tech's presence in financial services and its proposed regulatory approach.
India Finance and Banking

This post discusses RBI's concerns about Big Tech's presence in financial services and its proposed regulatory approach.

"In God we trust. In Big Tech we antitrust?" was one of our favourite stories from last year. It was about Big Tech's tussle with US and Indian anti-trust laws. And concerns of anti-trust regulators around Big Tech's monopoly. It also resonated with Big Tech's foray in India's financial sector. Which is making financial regulators equally anxious.

The RBI has also voiced its concerns in July, 2021. In its financial stability report, RBI flagged how Big Tech's foray in India's financial sector creates competition, operational, data privacy, and cyber security risks. RBI is fearful that Big Tech companies are too big to fail, which could pose systemic risks. 

With these concerns in mind, RBI has proposed a sketch of a regulatory framework in its report. The regulation will be two pronged: entity-based and activity-based. It will control financial risks and security-based risks. 

Given the risks, regulation of Big Tech in the financial sector is inevitable. But it is equally important to remember their contribution to democratising financial services. For instance, Google Pay and  PhonePe played a crucial role in the UPI success story. Which in turn promoted financial inclusion. Competition, data and financial regulators must coordinate on a national and global level to create an enabling regulatory framework. Agile technology needs agile policymaking. And the trick lies in finding the right balance (between regulation and innovation).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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