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Open banking statement released by the Brazilian Central Bank

Banking and Finance; Technology, Innovation and Digital Business; Antitrust

The Brazilian Central Bank released yesterday (April, 24) the Statement No. 33,455 in order to disclose the regulator's views on open banking implementation in Brazil.

In the Statement, open banking is defined by the Brazilian Central Bank as "the sharing of data, products and services by financial institutions and other authorized entities, at the discretion of their customers, in case of data related to them, by means of opening and integrating platforms and infrastructures of information systems, in a safe, agile and convenient way".

In line with open banking regulatory initiatives conducted in other jurisdictions, the Brazilian Central Bank has been discussing this matter with market players during the last months. Pursuant to the Statement, the Brazilian Central Bank believes that open banking will contribute to increase the efficiency of the credit and payment sectors, as well as to encourage the development of a more inclusive and competitive financial system in Brazil.

Furthermore, according to the Statement, the implementation of a Brazilian open banking structure depends on specific regulation, which will be subject to public consultation. Its scope will be broad, encompassing financial institutions, payment institutions and other institutions authorized to operate by the Brazilian Central Bank.

Nevertheless, the Statement clarified that only the largest financial institutions (considering their prudential conglomerates as criteria) will initially have compulsory participation in the open banking structure. For other institutions, participation will be optional at that stage. However, it is possible that such obligation will be extended to smaller entities later.

In relation to information and data shared between participating institutions, the Brazilian Central Bank proposes that the open banking structure includes, among others: (i) data related to the characteristics, costs, location, terms and conditions of products and services offered by the entities; (ii) customer registration and financial transactions data; and (iii) payment initialization services, transfers of funds and payments for products and services.

The sharing of client's personal data and its financial transactions information, according to the Statement, should only be carried out with prior consent of such client. The data sharing will be subject to the terms of the Brazilian Banking Secrecy Law and the Brazilian General Data Protection Law and should always ensure that the user experience is simple, efficient and secure.

In addition to open banking regulation, the Brazilian Central Bank proposes that the institutions participating in this structure develop a self-regulation structure to discipline technological standardization, operational procedures, security standards and certificates, and the implementation of interfaces among the entities involved. Although they have the autonomy to develop the appropriate self-regulatory structure, it is expected that the regulator will act in the early stages to ensure its alignment with the applicable rules.

Lastly, in relation to the deadline applicable to the elaboration of the regulation, the Brazilian Central Bank informed that the draft of the open banking rules shall be submitted to public consultation in the second semester of 2019. The implementation of the model shall be initiated in the second semester of 2020, in accordance with a schedule that is yet to be elaborated by the Brazilian Central Bank.

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