Świadczenie usług finansowych za pomocą „fintech” a ryzyko prania pieniędzy – ocena regulacji przepisów UE
Providing financial services using fintech and the risk of money laundering — an assessment of EU regulations
Author(s): Katarzyna KopyściańskaSubject(s): Criminal Law, Financial Markets, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: FinTech; Anti-Money Laundering; EU AML Directives; AMLD 6; AMLR; AMLA; financial regulation; digital finance; money laundering; customer due diligence (CDD); regulatory compliance; financial innovation;
Summary/Abstract: While the FinTech sector makes a significant contribution to the financial system through transaction speed, multi-entity structure, cross-border capabilities, digital accessibility, and innovative potential, it also poses significant financial crime risks due to its inherent anonymity, transaction volume, rapid operations, and transnational reach. The EU’s Sixth Anti-Money Laundering Directive (6AMLD) and various recommendations of the Financial Action Task Force (FATF) aim to foster a more transparent and compliance-oriented FinTech sector. The European Union has established and implemented a comprehensive AML regulatory framework in response to the evolving threats posed by financial crime. Another key issue is the importance of data sharing and cross-sector cooperation. Financial crimes are now committed not within isolated entities but through multi-layered and multi-entity structures. Therefore, public-private partnerships, artificial intelligence, machine learning, RegTech tools, and real-time data sharing mechanisms are becoming increasingly important tools within AML. In summary, the benefits and opportunities offered by the FinTech ecosystem must be carefully assessed, while also considering the significant risks it poses. AML regulations must be designed to promote effective compliance without restricting innovation, technological development, or market competitiveness. At the same time, FinTech companies should treat regulation not as a barrier or obligation, but as a path to sustainable and lawful growth.
Journal: Przegląd Prawa i Administracji
- Issue Year: 143/2025
- Issue No: 1
- Page Range: 465-479
- Page Count: 15
- Language: Polish
