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by overscore 1980 days ago
I guess the question is what you mean by "open banking". Initially, in the UK, that phrase referred to the FCA's implementation of the PSD2 requirement for banks to allow a secure mechanism of access to third parties. I think that this definition of open banking has already regressed post-Brexit, from the absence of passporting. UK firms and banks are no longer able to interoperate with EU firms and banks, and PSD2 no longer applies to them.

Another definition may be domestic API access to bank accounts, which I agree will continue to be policy in the UK. It won't be PSD2 open banking, though.
2 comments
avianlyric 1980 days ago
PSD2 still applies. That was integrated into U.K. law long before Brexit. It would take an act of parliament to unwind.

Additionally the U.K. has generally been on the leading edge of open banking, which is why our standards weren’t identical to the EUs for a while. It’s going nowhere, and pass-porting will make no difference.

The only real impact of Brexit is the open banking entities will need to register separately in the U.K. and the EU, and be subject to two different regulators. But that’s just paperwork for the most part.

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overscore 1980 days ago
> PSD2 still applies. That was integrated into U.K. law long before Brexit. It would take an act of parliament to unwind.

It's not that simple. The FCA is no longer an EEA National Competent Authority and UK Third Party Providers must register with an EEA NCA to continue to operate in the EEA. Domestic legislation which put PSD2 in force is of course still UK law, and domestic TPPs and Account Servicing Payment Service Providers can continue to operate together (even using the same eiDAS certs), but they cannot engage in open banking with the rest of the EU/EEA.

PSD2 and its supporting institutions (EBA, EPC, ECJ) no longer apply to the UK.

> Additionally the U.K. has generally been on the leading edge of open banking, which is why our standards weren’t identical to the EUs for a while. It’s going nowhere, and pass-porting will make no difference.

Internally, maybe, but UK TPPs and ASPSPs can no longer interoperate with EU/EEA TPPs and ASPSPs unless they register with an EU/EEA NCA, and thus become subject to EU Directives. Again it comes back to your definition of "open banking". If you mean only UK banks and firms being able to operate an open banking scheme, then you are correct that this will continue. If you mean open banking as defined by PSD2, it has already come to an end in the UK.

> The only real impact of Brexit is the open banking entities will need to register separately in the U.K. and the EU, and be subject to two different regulators. But that’s just paperwork for the most part.

So either UK TPPs and ASPSPs have to abide by EU Directives (if possible - the UK legislature may diverge from the EU in unreconcilable ways), or the UK has to maintain alignment with the EU indefinitely. Doesn't seem like just paperwork to me.

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buckminster 1980 days ago
"Open banking" and "cross-border banking" are two different things. The UK will definitely continue to have open banking. The UK-EU banking relationship is still up for negotiation. (I'm not hopeful though.)
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overscore 1980 days ago
> The UK will definitely continue to have open banking.

As discussed elsewhere in this thread, this requires a definition of "open banking" which is separate from PSD2 and not what the phrase commonly meant until now. The distinction isn't between "open banking" and "cross-border banking" - the distinction is between:

* PSD2 compliant "open banking" between TPPs and ASPSPs,

* Some banks in the UK must have APIs "open banking".

Up until January 1st, the phrase "open banking" referred to the former. The latter may become accepted as the definition in the UK, but it is materially different to the original meaning.

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