FinovateSpring wrapped up earlier this month, and one of the main discussion topics I heard repeatedly was how to proceed during an era of economic uncertainty combined with regulatory freedom. The US is taking a vastly different approach to regulation than Europe, which seems to be tightening its grip on compliance.
In the US, there are four major moves that have indicated the new administration’s stance toward regulation in banking and finance. Among the regulations that are shifting are:
The Consumer Financial Protection Bureau (CFPB)
The key rulemaking activity of the CFPB has been paused. Employees have been instructed to stop work on regulations involving overdraft fees and open banking.
Crypto enforcement actions
The Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) have pulled back on enforcement actions in crypto, giving more clarity on stablecoin classification and providing more room for decentralized finance projects to operate.
Capital requirement rollbacks
Capital requirement rollbacks have reduced regulatory pressure on traditional banks. Key elements, like the supplementary leverage ratio and stress testing thresholds, have been softened or delayed, especially for regional banks. These rollbacks are designed to free up capital for lending and investment, but critics argue they increase risk by removing safeguards that were put in place after the 2008 financial crisis.
Basel III changes
Discussions of finalizing Basel III, which aims to require banks to maintain sufficient capital buffers and improve liquidity management, are still ongoing. However, lobbying has delayed its final implementation and resulted in a watered down version of some of its core provisions. A return to Basel II-style flexibility would prioritize bank competitiveness and profitability over strict capital adequacy.
While the current regulatory environment may give companies more room to innovate, most of the fintechs and banks I spoke with at FinovateSpring emphasized that they are still operating well within traditional regulatory boundaries, many of which are more stringent than today’s US standards. In fact, with AI now playing a major role across financial services, one compliance specialist noted that it’s increasingly common for firms to involve data scientists early in the compliance process to ensure new technologies meet regulatory expectations from the start.
Another focal point was third-party risk management, especially in today’s BaaS-driven banking environment. During my conversation with Christina Tetreault, Deputy Commissioner, Officer of Financial Technology Innovation at the California Department of Financial Protection and Innovation, she made it clear that bank-fintech partnerships are more than just IT projects. If the fintech’s technology fails, the bank will be held responsible for the issue.
As fintechs and financial institutions navigate this evolving landscape, the message from regulators and industry leaders is clear: regulatory freedom does not equal regulatory absence. Even as rules shift or stall, expectations remain high, especially when it comes to emerging technologies and third-party partnerships. In today’s environment, staying ahead means embedding compliance into innovation from the start of the project, proactively managing risks, and recognizing that regulatory clarity is still a moving target.
Photo by Gül Işık
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