Fintech & Insurtech

FinTech and Insurtech solutions propose interesting and new legal challenges ranging from the protection of customers’ personal data, for example in the adoption of Internet of Things (IoT) or Big Data, as well as in the adoption of innovative authentication and recognition processes, issues relating to ownership and exploitation of Big Data, and the industrial and intellectual property of developed products or services.

Thanks to its leadership in the Digital-Media-Tech industry, Portolano Cavallo provides legal advice and assistance to banking, financial and insurance institutions in the digitization processes of services offered, as well as to innovative startups operating in these sectors. Our assistance includes issues related to Privacy, Cyber Security and Data Protection and Intellectual Property, both in terms of protection of solutions adopted and with regard to relations with technology providers, as well as customer recognition and authentication systems (digital signatures, digital identity systems, etc).

Furthermore, we advise on corporate matters and acquisitions, merger, demerger, reorganization and joint venture transactions. Our professionals are members of the “Telematics, Connected Insurance & Innovation Observatory”, a think-tank promoted by the National Association of Insurance Companies (ANIA), regularly participate as speakers in seminars organized by the Italian Banking Association (ABI) on issues related to the digitalization of banking services, and author publications and articles on the press and legal journals.

In this area, our track record includes:

• a leading association in the field of payment services, in the context of a pan-European project focusing on compliance in matter of privacy, which, in particular, involved the analysis of legal issues, as well as the anonymization and pseudo-anonymization of customer personal data, and profiling and processing of biometric data;
• the legal department of a leading Italian bank, concerning all legal matters related to the digitization of internal processes and customer relations. Recently, we provided consulting services linked to the implementation of recognition systems based on electronic signature as part of new services provided by the bank;
• an Insurtech leading company in the launch of an innovative app capable of tracking users’ driving habits in order to offer them personalized insurance products;
• a leading company in the field of electronic signatures in connection with the launch of its services in Italy;
• leading multinational banks in projects related to compliance in matter of privacy, bank secrecy, international data transfer, data breach and whistleblower hotline in the banking sector;
• several startups operating in the Fintech sector.

Specifically with respect to startups, we provided:

• assistance to founding members in the evaluation of certain business-related regulatory issues;
• assistance to founding members and/or investors in the negotiation process, as well as the drafting and finalization of contract documentation required to complete an investment transaction (i.e., term sheet, investment agreement, shareholders’ agreement, stability and non-competition agreements for company managers, etc.);
• assistance in the review and redefinition of the rules of corporate governance and the preparation of incentive plans relating to the allocation of alternative financial instruments for employees, directors, or consultants (e.g., work-for-equity), furthermore, preparation of the regulation of equity instruments;
• assistance in the issuance of warrants in favor of some company members for the purpose of rebalancing the startup’s ownership structure, as well as in the preparation of relevant regulation;
• assistance in the preparation of commercial agreements with third parties (both suppliers and customers).

Below is a selection of contributions provided by our professionals in the Fintech and Insurtech fields:

• P2P lending: the first rules of the Bank of Italy (ITA)
• #RegTech: Innovative Solutions for Regulatory Challenges
• Do apps that profile driving styles respect a driver’s privacy? (ITA)
• Is the 2017 the year for rules in fintech? (ITA)