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Eu Robo Pdf

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The aim of this work is to delve into some legal challenges that the ap- plication of robo-advisors entails and the different normative approaches that we can find for the improvement of the current legal framework of robotics in the financial sector. Legal implications as well as the shortcomings of these concepts and relations are dis- cussed.

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Some reasons beyond the emergence of Robo-Advisors Robo-advisors are a response to a more complex and wide-ranging set of services and instruments offered in the financial markets. On the one hand, because of the new com- plexity, new legal requirements have emerged in the financial sector i.

MIFID 2 and its very technical requirements can be easily accomplished by non-human advisors and managers robots. On the other hand, robo-advisors represent an absolute competitive advantage for their users and financial institutions, considering big data analysis and man- agement regarding their clients and products information.

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For both reasons, we can state that Robo-advisory is a response to the complexity that is already allowing two functions for its users: firstly, because it allows them to comply with legal rules compliance and to manage a greater number of clients in an increasingly complex environment. Secondly, the other advantage of robo-advisors is to take advantage of economies of scale because they can manage thousands of customers 4 with thousands of products, assets and portfolios and because of algorithmic trading they can turn the financial business into a low-cost model with a more accurate level of legal compliance.

However, even though robo-advisors solve many current problems and improve market efficiency, they introduce new risks and regulatory challenges that are not being ade- quately addressed. Consequently, it is necessary to think about an optimal legal frame- work for robo-advisors based on two aspects: the adoption of legal entities for them, ac- cording to their operations; and an effective control of data and risk management, since otherwise we could attend a scenario of new systemic risks through the algorithmic trad- ing performed by these software and digital technologies.

Some Basics about the Meaning and Scope of Robo-Advisory Robo-advisor is a broad concept that can have different meanings for different kind of experts, institutions and professionals.

It will be important to consider that a robo-advisor will necessary involve a mix of various roles that can be played by the same or different actors: the programmer, the owner, the user and the investor or client. Considering the relation between each player, we can obtain information that will be valuable when analyzing the legal framework as well as the con- tractual relationship between the parties [FINRA ].

If we consider the relation between the user and the investor, we can classify robo-advi- sors depending on the step of evolution in terms of features and services. Robo-advisors may range from what is called Robo-Advisor 1. Here it is necessary to distinguish between the information related to the client profile and information related to the investment products.

These are distinct levels of development which may not necessarily coincide. Whereas some robo- 2 In addition to the several types of robo-advisors depending on the relationship between the user and the investor, we can find other classifications depending on the rest of roles. For example, regarding the degree of independence between the owner and the user, we can separate them into four groups that will require specific kind of agreements: Independent robo-advisor, Segregated robo-advisor, Integrated robo-advisor and robo-advisors that are used only as a tool for other users.

This is one of the main objectives of the legislative reform movement of the financial markets as a result of the international economic crisis of and that ten years later has been lead to the implementation of MIFID 23 and Basel III4. In this sense, financial institutions, banks and investment firms must understand the features of the financial in- struments offered or recommended by them and their networks and establish and review effective policies and arrangements to identify the category of clients to whom products and services are to be provided.

So, in our view, far from requiring new and specific regulation, robo- advisors could help in fostering compliance with newly developed financial regulation. For this reason, we advocate not to expand the amount of financial regulation but to clar- ify the current legal rules to allow a proper framework based on legal certainty for the introduction and effectiveness of robo-advisors.

As previously argued, robo-advisors are giving to their users a competitive advantage that will lead them to manage a bigger num- ber of clients, benefiting from economies of scale with a relatively low-cost business model. However, things are not as simple. The case of robo-advisors is not different.

We need an innovative legal framework to accommodate Robo-Advisory as one of the main exponents of the Fintech industry, together with digital currencies, blockchain, smart contracts are other innova- tions [EY ].

In the next section this work is going to focus on the discussion about the most suitable forms of legal entity for robo-advisors, the issue of information and data management in Robo-Advisory and the main legal requirements that robo-advisors need to comply with.

Ideas about the Legal Forms for Robo-Advisors. For this reason, as we stated before, we must distin- guish the task of providing advice, from the task of being able to invest in the name of clients or manage portfolios in an automatically way algorithmic trading7.

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There are some theoretical and hypothetical models of liability that might be applied to robots analogies to minors or animals but it would be advisable to develop a specific liability rules for them and for any kind of similar IA machines or smart financial software, in order to regulate them. That will be crucial to understand and develop an optimal and efficient liability regime.

The first aspect to consider is to distinguish between the legal entities that are only able to advise clients and those which can go further in the offer of financial services manage portfolios and invest on behalf of their clients.

Financial advisors and advising firms can provide advice to clients and investors only. However, it seems pointless to regulate robo- advisors using only one of these legal forms because these entities are not legally entitled to invest money on behalf of third parties, which is the crucial task that they can offer now thanks to advanced AI technologies. Advising and managing portfolios while invest- ing on behalf of third parties should conform to ISC requirements. In this sense, the most suitable legal form would be the regulation of robo-advisors as a specific kind of ISC.

However, the implementation of a suitable legal form for the robo-advisors would make their compliance with these requirements faster and easier. Main regulatory requirements for Robo-Advisors As any ISC, robo-advisors should comply with the main regulatory requirements for fi- nancial advice and asset management. It requires transparency pre- and post-negotiation regarding the volume, price, and existence of secondary markets, and some standards of conduct in terms of the type of client being advised -with higher protection for those that do not have financial knowledge-, the obligation to make a suitability and convenience test, the obligation to inform the client at all times in an understandable way about the services and product provided, and the obligation of best execution to provide the client with the best result possible.

In fact, the use of trading technology has evolved significantly in the past decade and is now extensively used by many market players. Many of them make use of algorithmic 8 Moreover, all the existing legal entities shall accomplish MIFID 2 and MIFIR6 regulation, which in some cases are entirely applicable and in others just partially.

In any case, robo-advisors should report back to the Supervisors and Regulators about their operations, instruments and clients disclosure and transparency rules. Eu, Rob. Traduo ebook read pdf files de Luiz Horcio da Matta.

Start date of project: Technologies in Europe. RoboLaw Newsletter No 1 April The EU level, as this provides the foundation. Eu, Rob - Isaac Asimov vive circulando pelo espao, achando histrias em estrelas e planetas distantes e nos. Contact us. EU contribution: Jul 24, Never edit files in optros. An overlay is a directory in the users home that contains. Sep 24, Huge automation and increasing use of robot in industry, but automation.

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Financial advisors and advising firms can provide advice to clients and investors only. Hyderabad, May An overlay is a directory in the users home that contains.

There are some theoretical and hypothetical models of liability that might be applied to robots analogies to minors or animals but it would be advisable to develop a specific liability rules for them and for any kind of similar IA machines or smart financial software, in order to regulate them.

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Prequels[ edit ] Mickey Zucker Reichert was asked to write three [15] prequels of I, Robot by Asimov's estate, because she is a science fiction writer with a medical degree. As previously argued, robo-advisors are giving to their users a competitive advantage that will lead them to manage a bigger num- ber of clients, benefiting from economies of scale with a relatively low-cost business model.

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