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Data as sword and shield: How regulated entities in the banking and securities industries can utilise data analytics to improve compliance and manage enforcement risk

Author

Listed:
  • Montgomery, Brian H.

    (Senior Counsel, Financial Industry Group, Pillsbury Winthrop Shaw Pittman, USA)

  • Oliwenstein, David

    (Counsel, Corporate Investigations & White Collar Defense, Pillsbury Winthrop Shaw Pittman, USA)

Abstract

This article examines the role of Big Data in the regulation of the consumer finance and securities industries in the United States. Because many major international financial institutions are located in New York, this paper discusses the role of both federal and New York state regulators. These regulators increasingly rely on data to conduct risk analyses and shape examination priorities, which, in turn, can lead to investigations and enforcement actions (that are also increasingly driven by data analysis). This article also discusses regulators' expectations regarding the role of data analytics in the development of effective compliance programmes and how regulated entities can leverage data to proactively address issues before they become subject to regulatory scrutiny, and use this information during the course of examinations, investigations and enforcement actions.

Suggested Citation

  • Montgomery, Brian H. & Oliwenstein, David, 2022. "Data as sword and shield: How regulated entities in the banking and securities industries can utilise data analytics to improve compliance and manage enforcement risk," Journal of Financial Compliance, Henry Stewart Publications, vol. 5(4), pages 324-334, August.
  • Handle: RePEc:aza:jfc000:y:2022:v:5:i:4:p:324-334
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    More about this item

    Keywords

    Data analytics; banking regulation; securities regulation; enforcement;
    All these keywords.

    JEL classification:

    • G2 - Financial Economics - - Financial Institutions and Services
    • E5 - Macroeconomics and Monetary Economics - - Monetary Policy, Central Banking, and the Supply of Money and Credit
    • K2 - Law and Economics - - Regulation and Business Law

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