Territorial Rulemaking and the Data Environment

At data services provider Markit's annual New York customer conference last week, Robert Pickel, CEO of the International Swaps and Derivatives Association (ISDA), remarked on the problem of "extraterritoriality" when it comes to regulation of financial industry operations.
Pickel defined the concept as national regulators taking different stances concerning the same areas of rulemaking, although "extraterritoriality" can also mean exemptions from local law. With either definition, the problem Pickel correctly identifies is that regulatory fragmentation can be the result. This can occur whether an international regulatory or standards body is attempting to impose rules that would supersede national rules, or whether national regulators get authority to interpret international guidance (which could still happen with the legal entity identifier).
If, as Pickel implies, national regulators may still offer up their own local laws, which appears to be an issue with margin requirements currently being considered, that will stifle global cooperation, which threatens the derivatives business he represents.
The danger, as David Schraa, regulatory counsel for the Institute of International Finance, also pointed out later in the same discussion, is that a potentially "well-regulated and reasonably stable global financial system" will "Balkanize" into territorial national markets—not just in the derivatives business. "It will be much more costly for a bank to monitor 10 major markets if they must have capital and liquidity for each of them," he says.
So what does this all mean for reference data management? The issues Inside Reference Data covers mirror what happens with overall financial and securities industry operations and regulation, including the trading sphere. The aforementioned LEI is a good and concrete example of this, with the structure of local operating units being established by a central global authority having caused concern in some circles.
Just as fragmentation of data sources based on asset classes or other factors is cause for concern (as reported back in January in "Communicate and Aggregate"), so fragmentation through "extraterritoriality" should also be a concern. In this case, it's an external factor rather than one firms can control by consolidating data, however.
Nonetheless, data managers can be proactive by anticipating extraterritorial, Balkanized or otherwise fragmented regulation as a possible outcome, rather than the globally coordinated efforts currently underway—and be prepared for both possibilities.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@waterstechnology.com or view our subscription options here: https://subscriptions.waterstechnology.com/subscribe
You are currently unable to print this content. Please contact info@waterstechnology.com to find out more.
You are currently unable to copy this content. Please contact info@waterstechnology.com to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@waterstechnology.com
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@waterstechnology.com
More on Regulation
Asic probe piles pressure on ASX to deliver Chess replacement
But market insiders think late intervention by regulators could even slow down implementation.
Stakes raised for UK bond, EU derivatives tapes after Ediphy clinches win
The pressure is on for TransFICC, Etrading, Finbourne, and Propellant Digital, who are still vying to provide the UK’s fixed income consolidated tape after Esma awarded the EU’s tape to Ediphy and its partners.
Doing a deal? Prioritize info security early
Engaging information security teams early in licensing deals can deliver better results and catch potential issues. Neglecting them can cause delays and disruption, writes Devexperts’ Heetesh Rawal in this op-ed.
SEC pulls rulemaking proposals in bid for course correction
The regulator withdrew 14 Gensler-era proposals, including the controversial predictive data analytics proposal.
Trading venues seen as easiest targets for Esma supervision
Platforms do not pose systemic risks for member states and are already subject to consistent rules.
The Consolidated Audit Trail faces an uncertain fate—yet again
Waters Wrap: The CAT is up and running, but with a conservative SEC in place and renewed pressure from politicians and exchanges, Anthony says the controversial database faces a death by a thousand cuts.
Exchanges plead with SEC to trim CAT reporting requirements
Letters from Cboe, Nasdaq and NYSE ask that the new Atkins administration reduce the amount of data required for the Consolidated Audit Trail, and scrap options data collection entirely.
EU banks want the cloud closer to home amid tariff wars
Fears over US executive orders have prompted new approaches to critical third-party risk management.