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This comprehensive book offers a rigorous analysis of the legal
debates, approaches and practice-related issues surrounding
financial advice and investor protection. Despite widespread
recognition of the importance of financial inclusion more broadly
construed, recent financial crises have highlighted deficits in
retail investor protection - this book informs the development of
robust yet adaptable frameworks to protect investors, including
effective enforcement and dispute resolution. Divided into three
thematic parts, Financial Advice and Investor Protection begins
with a holistic discussion of the subject, including an examination
of the impact of relatively recent technical innovations such as
robo-advice. The second part evaluates the role of private law in
achieving investor protection, considering in particular how tort
law, contract law and equity allocate risk and liability for
investment advice. Finally, the book outlines the investor
protection frameworks in the jurisdictions of six significant
financial centres. This book will be a crucial read for various
stakeholders in the investor protection debate including
practitioners advising clients who work in this field, particularly
across several of the jurisdictions covered, as well as
policymakers interested in the development of law and regulation in
this area. Scholars and students of financial law will also benefit
from its comprehensive and critical treatment of the subject.
The duty to keep customer information confidential affects banks on
a daily basis. Bank secrecy regimes around the world differ and
multi-national banks can find themselves in conflicted positions
with a duty to protect information in one jurisdiction and a duty
to disclose it in another. This problem has been heightened by the
international trend promoting information disclosure in order to
combat tax evasion, money laundering and terrorist financing. The
US Foreign Account Tax Compliance Act (FATCA) is perhaps the most
well-known. At the same time, data protection legislation is
proliferating around the world. This book offers a holistic
treatment of bank secrecy in major financial jurisdictions around
the world, east and west, by jurisdictional experts as well as
chapters by subject specialists covering the related areas of
confidentiality in its broader privacy context, data protection,
conflicts of laws, and exchange of information for the purposes of
combatting international crime.
The duty to keep customer information confidential affects banks on
a daily basis. Bank secrecy regimes around the world differ and
multi-national banks can find themselves in conflicted positions
with a duty to protect information in one jurisdiction and a duty
to disclose it in another. This problem has been heightened by the
international trend promoting information disclosure in order to
combat tax evasion, money laundering and terrorist financing. The
US Foreign Account Tax Compliance Act (FATCA) is perhaps the most
well-known. At the same time, data protection legislation is
proliferating around the world. This book offers a holistic
treatment of bank secrecy in major financial jurisdictions around
the world, east and west, by jurisdictional experts as well as
chapters by subject specialists covering the related areas of
confidentiality in its broader privacy context, data protection,
conflicts of laws, and exchange of information for the purposes of
combatting international crime.
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