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Law of eFinance
Introduction
Autumn 2012
JUDr. Bc. Libor Kyncl, Ph.D.

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eFinance
•Multidisciplinary issue.
•
–Legal viewpoint
–ICT viewpoint
–Economic viewpoint
–Management viewpoint
–Statistics viewpoint
–Mathematics viewpoint
–Philosophic viewpoint
•

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eFinance
•= Legal and economic relations
• in the process of creating, transferring, depositing, investing, withdrawing, loaning and any
other usage of money
• executed partly or completely via electronic / digital / semi-electronic methods
•

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Main parts of eFinance
•eBanking
•ePayments
•eMoney
•eInsurance
•eInvestments
•ePensions
•eLoans
•eTaxation
•…
•

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Sectors of Financial Market
•Banking
•Credit Unions
•Insurance Market
•Market of Complimentary Pension Insurance with State Support
•Capital Market
•Money Market
•Foreign Exchange Market
•Precious Metals Market (special area)

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Supervision of Financial Market
•Every part of financial market is supervised by the Czech National Bank (seat in Prague)
•The only exception: precious metals market – supervision by the Assay Office (seat in Tábor)

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Basic Principles of Czech Supervision
•Supervision by the Czech National Bank on the Czech Republic level
•http://www.cnb.cz

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Basic Principles of EU Supervision
•Supervision by three European Financial Markets Supervision Bodies (Banking, Insurance and
Securities + Markets)
•http://ec.europa.eu/internal_market/finances/committees/index_en.htm
•http://www.eba.europa.eu
•http://eiopa.europa.eu
•http://www.esma.europa.eu/
•Supervision by the European Central Bank on the European Union level (payment systems)
•http://www.ecb.int
•

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Goal of supervision on the financial market
•Price stability goal attended by the central banks and financial market supervisors.
•http://www.ecb.int/ecb/educational/pricestab/html/index.en.html - educational movie
•This goal is not usable simultaneously with other possible goals (currency stability, foreign
exchange rate stability, public budgets stability etc.).
•Supervision on the financial market comes along with ePayments and eMoney supervision.

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eBanking
•= electronic banking = usage of electronic instruments in banking industry.
•Act No. 21/1992 Sb. on Banks.
•Act No. 87/1995 Sb. on Credit Unions.
•This regulation used in accordance with the consumer protection rules for distant financial
contracts (in Civil Code, Act No. 40/1964 Sb. as amended).

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ePayments
•Electronic payments – nearly all types of payments are committed at least partially
electronically.
•Act No. 284/2009 Sb. on Payment System as amended.
–(Unfortunatelly, it is not translated to English.)
•New regulation, effective from 1st November 2009.
•Implements Directive on Payment Services in the Internal Market (2007/64/EC - PSD) and Directive
on Settlement Finality in Payment and Securities Settlement Systems (98/26/EC – settlement finality
directive) and other EU directives.
•Dispute resolution by courts and by the Czech Financial Arbitrator (http://www.finarbitr.cz/en/) –
part of ADR (Alternative Dispute Resolution).

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Thank you for your attention.