Skip to content

Internet Banking and the Law in Europe Regulation, Financial Integration and Electronic Commerce

Best in textbook rentals since 2012!

ISBN-10: 0521860717

ISBN-13: 9780521860710

Edition: 2006

Authors: Apostolos Ath. Gkoutzinis

List price: $133.00
Blue ribbon 30 day, 100% satisfaction guarantee!
what's this?
Rush Rewards U
Members Receive:
Carrot Coin icon
XP icon
You have reached 400 XP and carrot coins. That is the daily max!

Description:

The European Union has long sought to create a single financial area across Europe where consumers in one country benefit from financial markets and activities in other countries. With the emergence of the Internet as a platform for the provision of online banking services, the creation of a pan-European market for banking services appeared a realistic proposition. In practice, however, this has not happened. This book asks why and argues that the creation of banking markets via the Internet relies on both available technologies and appropriate laws and regulations. The institutional and legal framework for online banking services in the single European market are examined, as is the level…    
Customers also bought

Book details

List price: $133.00
Copyright year: 2006
Publisher: Cambridge University Press
Publication date: 11/2/2006
Binding: Hardcover
Pages: 404
Size: 6.14" wide x 9.21" long x 1.14" tall
Weight: 1.672
Language: English

Apostolos Gkoutzinis is a partner in the capital markets group of the London office of Shearman and Sterling, with a focus on US federal securities laws, high yield debt offerings and international capital markets transactions in general. He is recognized as one of the leading lawyers in the European debt capital markets in general and high yield market in particular, and has represented issuers, sponsors and underwriters in a wide variety of corporate and leveraged buy-out high yield bond offerings, investment grade debt offerings, equity offerings and other transactions. He has also played a central role in several liability management transactions involving investment grade and high…    

Tables
Preface
Tables of legislation
Table of EU legislation
Table of international conventions
Table of cases
Abbreviations
Introduction
Introduction to electronic finance and Internet banking
Internet banking in Europe: basic concepts and recent trends
The Internet as catalyst of international financial integration
Internet banking in Europe
The legal foundations of electronic banking activities
The banker-customer relationship
Electronic finance and credit
Online securities trading
Online banking and international market access: The causes of incomplete financial integration and what to do about them
Legal barriers and necessary regulatory reforms
The causes of incomplete European integration in online financial services
International governance of cross-border electronic commerce and finance
EU policies affecting electronic commerce in financial services
The governance of the European market in cross-border electronic banking activities
Introduction
Institutional foundations of the single European market in financial services
Mutual recognition of national laws as institutional principle
Mutual recognition beyond the EC Treaty: 'home country' control in various forms as institutional anchor of the single financial market
Minimum harmonization of national laws and enforcement practices as prerequisites of mutual recognition of national laws and 'home country' control
EU harmonization and convergence of national laws relating to electronic banking activities
Risks and regulatory concerns relating to electronic banking activities and the convergence of national prudential regulatory standards
Convergence of national laws and the notion of 'general good' in the single European market
Risks and prudential regulatory concerns caused by electronic banking activities
Non-EU international initiatives of legal harmonization concerning electronic banking activities
EU harmonization measures in the field of prudential banking regulation
The prudential regulation of electronic banking activities in key European countries
EU measures of legal harmonization concerning electronic commerce and distance marketing of financial services, data protection, banking contracts and investor protection
E-commerce and distance marketing of financial services
Privacy and data protection
The harmonization of national laws of banking contracts
Online bank loans and the Consumer Credit Directive
Convergence of national laws regulating the provision of online investment services
Assessing the level of convergence of national laws regulating Internet banking
Applicable law and allocation of regulatory responsibility in cross-border electronic banking activities
Cross-border Internet banking and the principle of 'home country' control in the EU Financial Services Directives
Introduction
Cross-border Internet banking without the benefit of 'home country' regulation and supervision
Mutual recognition of national laws on the basis of 'home country' control in the Banking and Investment Services Directives
The notion of 'general good' in the Banking Consolidation Directive
'Host country' powers to apply domestic laws in non-prudential matters
Mutual recognition of national laws under the principle of 'country of origin' of the Electronic Commerce Directive
Scope of application of the 'country of origin' rule
The 'coordinated field'
The implementation of the 'country of origin' principle
The case-by-case derogation of Article 3(4)-(6)
The normative impact of the principle of 'country of origin'
Applicable law and jurisdiction in cross-border electronic banking contracts
International contracts, conflicts of laws and European financial integration
Choice of law and choice of jurisdiction in cross-border banking contracts
Choice of law and forum in consumer contracts
Choice of law and the impact of mandatory rules
Conclusions
Select bibliography
Index