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Abstract :
[en] In recent years, the EU has recognised the rapid development of technologies in non-IT services and businesses, including the financial sector. Alarmed by the increasing impact on lives and work, the EU saw the need for action, which was and still is reflected in various measures, especially regulatory steps. Underlying all these measures is the principle of promoting new technologies while protecting consumers. The thesis addresses a topic in which this principle can perhaps be reconciled: the use of new technologies in fund governance and the question: Is there potential for the application of new technologies in fund governance to enhance investor protection, and if so, what form should appropriate regulation take? After an introduction to investment funds and new technologies in Part One the thesis focuses on a practical approach in Part Two. This section examines potential use cases for technologies, with the aim of improving investor protection. Part Three adopts a systemic approach, placing the findings of Part Two within a regulatory context and assessing the current regulatory approach and its appropriateness. The thesis concludes that new technologies can be implemented to improve investor protection when their potentials are supported, and their risks are mitigated by regulation. The existing regulatory framework is deemed inappropriate, providing grounds to develop a new technology-oriented-risk approach.
Institution :
Univeristy of Luxembourg [Faculty of Law, Economics and Finance (FDEF)], Luxembourg, Luxembourg