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  • Our Offices - Feyz International

    Our Offices Feyz International and its sister companies have multiple offices around the world, including France, Switzerland, Russia, Turkey, UAE, China and Mauritius. We believe having offices in different regions of the world allow our employees to meet with our clients and partners in a more productive and efficient manner. Zug Office Feyz International GmbH General-Guisan Strasse 6, Zug, 6303, Switzerland Paris Office Feyz International LLC 16 Allée du Puits, 92130, Issy-les-Moulineaux, IDF, France View our other locations here Our business hours Monday Tuesday Wednesday Thursday Friday Saturday Sunday 9:00 AM - 7:30 PM 9:00 AM - 7:30 PM 9:00 AM - 7:00 PM 9:00 AM - 7:30 PM 9:00 AM - 7:00 PM 9:00 AM - 5:30 PM Closed View on Google Search View on Google Maps View on Maps

  • Istanbul IT Leadership Summit - Feyz International

    Istanbul IT Leadership Summit IT and Data Executives Register Now! In-Person Event | January 12, 2023 Attending Companies Discover More Why Attend our Event? Exclusive Content – In-depth, trend-forward sessions – with tons of practical takeaways and ideas to keep you ahead in the IT space. Connections – Hundreds of seasoned IT decision makers, cyber security experts, strategists, risk managers, data heads, marketers, and more to mingle and connect with. Meet your customers, vendors, expert resources, friends and colleagues. Network with leading solution providers – As a delegate, you will experience cutting-edge technology from solution providers that can fulfil your business requirements. Showcase of Technology solutions - Gather practical perspectives from many real-world use cases shared by the market’s leading players, including early adopters and leaders from across the region. Key Topics Technology is part of our daily lives and even more so in our professional environment. The goal of this invitation-only event is to encourage discussions and dialogue on what it means to be a successful IT executive and to provide tools and strategies to assist current and emerging leaders. We urge our leaders to confidentially share their experiences and plans while hearing from inspirational and visionary speakers. We explore and share the main topics amongst which artificial intelligence, fintech, cybersecurity and the metaverse are the most popular. We encourage you to come and meet some of the biggest players when it comes to cloud computing, big data security, customer service and enterprise technology. Coming together will not only expand your networks and knowledge, you can meet the industry specialists and learn more about their expert services. Innovation & Emerging Technologies Cybersecurity, Data Protection & IT Risk Management Metaverse, Blockchain & Cryptocurrencies Leadership & Business Transformation AI, Data & Analytics Cloud, Infrastructure & Operations The Agenda The event's dynamic agenda will take you through a series of roundtable discussions, real-life use cases, and dedicated industry tracks, giving you a bird's eye view of the current market situation, the latest technological innovations and strategies for propelling your organization to meet the unique challenges of these unprecedented times. Our Upcoming Events

  • Sitemap - Feyz International

    Sitemap Homepage ​ Industries - Feyz International ​ Services - Feyz International Events - Feyz International - Our Sponsors ​ Insights & News - Feyz International - (News) Library - Latest news (Cyber risks) - Latest news (Security access services) - Latest news (Venture capital securities) - Latest news (Cloud security) ​ - (Article) Library - Article (Big data) - Article (Social accounting) - Article (Consumer finance) - Article (Doing good while doing well) - Article (GDPR compliance) - Article (Sustainability) - Article (Proactive Workforce) - Article (Data footprint) - Article (Dawn of Data Revolution) About Us - Feyz International - Our Company - Our Offices - Contact Us ​ Careers - Feyz International​ ​ Terms of Use Privacy Policy Legal Information Cookie Policy Cookie Settings ​ Search Results ​

  • Cookie Settings - Feyz International

    Cookie Settings Feyz International cares about your privacy and enables you to choose the types of cookies we can use when you visit our website. Use the section “Set-up your preferences” below to change our default settings. ​ Please be aware that choosing not to enable certain types of cookies may impact your experience of the website and the availability of some services. ​ Set-up your preferences ​ ​ These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information. ​ ​ ​ These cookies allow our website to remember choices you make (such as your username, language or the region you are in) and provide enhanced, more personal features. These cookies can be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. Though you can refuse to enable Functional Cookies, please be aware that it may change your experience on our website. ​ ​ ​ Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. ​ ​ ​ These cookies are used to deliver ads more relevant to your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information is shared with other organisations such as advertisers. These cookies may be set through our website by our advertising partners. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising. I accept "Strictly Necessary Cookies" I accept "Functional Cookies" I accept "Statistics Cookies" ​​ I accept "Targeting/Advertising Cookies" Save my settings Settings saved! Other non-cookie technologies Feyz International also enables the use of technologies that perform functions similar to cookies such as web beacons or other technologies that may be included in marketing e-mail messages or newsletters in order to determine whether messages have been opened and links clicked on. Web beacons do not place information on your device but may work in conjunction with cookies to monitor website activity. ​ For more information related to the cookies, please visit our cookie policy.

  • Contact Us - Feyz International

    Contact Us Thank you for your interest. Please use the form below to get in touch and we will respond to you within one business day. Or you can give us a call . To learn more about our service offerings and industry expertise, please visit our Services or Industries pages. ​ ​ To submit a Request for proposal or to inquire about the Service or Industry of your interest, please email the contact(s) listed on the Services/Industries page. ​ ​ For existing clients and partners, please contact a Feyz International professional directly. ​ ​ Our customer care center: customercare@feyzinternational.com ​ If you face any technical issues, please contact: support@feyzinternational.com ​ For media: media@feyzinternational.com Contact Feyz International - contact@feyzinternational.com - Tel: +33 7 57 83 83 33 I agree to the terms of use Submit We'll reply as soon as we can! Anchor 1

  • Latest news (Cloud security) - Feyz International

    Cybersecurity 2023: Cloud security is key issue for companies What challenges do companies currently face regarding security? What is their cybersecurity strategy for the future? And what role does digital sovereignty play in this? The results show that cloud security is the most important strategic security topic for 34% of companies in 2022 and 2023. Ranked second to fifth are secure backups/disaster recovery (20%), data security (19%), security awareness training (15%) and identity & access management (14%). ​ Along with the strategic issues, there are also the top cybersecurity challenges faced by companies. Nearly two-thirds of respondents say their security landscapes have become more complex over the past twelve months. In addition, 69% expect complexity to increase further over the next twelve months. The top five security challenges for companies in Germany, Austria and Switzerland are security complexity (24%), data protection/privacy (21%), ransomware attacks (19%), cybersecurity skills shortage (18%) and security of networked environments (16%). Fifty-seven percent of respondents agree that they already have an urgent shortage of cybersecurity personnel or will have one in the coming year. ​ Digital sovereignty is becoming more important ​ The economic and political situation has made the issue of digital sovereignty more important for three out of four companies. For 26%, it is "much more important" with strategic implications, and for another 49%, it is at least "more important" with implications for day-to-day business. This also means that many companies see numerous benefits in digital sovereignty. For example, it helps respondents to shape their own transformation in a self-determined way, to strengthen the trust of customers and other stakeholders, and to promote collaboration with partners in increasingly digital ecosystems (60% each). ​ The top 5 most common digital sovereignty challenges for companies are protecting and gaining visibility of data in clouds (31%), the cost of evaluating and adopting new technology (29%), expertise in dealing with cloud contracts and skilled employees to understand and implement individual digital sovereignty requirements (27%), the availability and cost of local compliance officers (25%), and dealing with competing requirements between regional and national jurisdictions (24%). ​ Ransomware attacks are on the rise ​ According to this study, 72% of companies in the German-speaking markets have been affected by ransomware. 40% have even seen an increase in cyberattacks over the past twelve months. Looking ahead, half of the respondents (50%) expect the number of attacks to increase even further. If a ransomware attack occurred, only 50% of companies were able to successfully defend against it. ​ "To remain competitive and successfully develop their own business model, companies must respond to technological innovations and act with digital sovereignty," analyzes Frank Sauber, Global Head of Sales & Business Enablement, secunet Security Networks AG. "Besides self-determination and independence, this also means freedom of choice, for example in terms of providers, data protection or transparency. This gives companies more influence over what happens to their data and ultimately enables them to better protect themselves against cybercrime, sabotage or espionage. Companies are already complaining about the lack of skilled personnel and the complexity of the security landscape - this can only be mastered with independent partners and secure services. ​ by Secunet, 12.07.2022 ​ Source: Factiva

  • Feyz International - Connecting for a better World

    Our Latest News www.feyzinternational.com What challenges do companies currently face regarding security? What is their cybersecurity strategy for the future? And what role does digital sovereignty play in this?... CYBERSECURITY 2023: CLOUD SECURITY IS KEY ISSUE FOR COMPANIES EU SUSTAINABLE GROWTH REGULATIONS: THE CHALLENGES OF TRANSPARENCY, COMPARABILITY, AND LEADERSHIP With the European Green Deal of December 2019 supporting long-term signals to support green investments, and the proposed European Climate Law as a framework for... www.feyzinternational.com About Feyz International Feyz International is a European Consulting company providing guidance and solutions to businesses. Founded in 2018, Feyz International is specialized in legal, financial & tax advisory, and corporate event management. With more than 100 customers across the world, we have been rolling out solutions in major projects for many years. Recognized for their expertise and valued for their analysis and technical skills, our consultants and engineers engage across all sectors ranging from financial services and transportation, to healthcare and technology. Our experts, around Europe, design, manage and accompany transformation processes with measurable results. ​ Our unique business model allows us to blend management consulting skills, hands-on industry expertise and functional knowledge, including such substandard competences as tax management, process optimisation, technology consulting, FDI & FPI, sourcing support, procurement strategy and much more… Feyz International’s Corporate Event management team organises customised summits, conferences and gala dinners for industry leaders with trending innovative topics and their solutions. We provide our clients a networking platform constituting of 5000+ C-level executives from different backgrounds and industries, such as Automotive, Retail, Banking or Healthcare, who can anticipate issues and help companies strive. Our team will guide and cater for our customers to have the best possible experience! Upcoming Events Zürich Learn More Targeted towards IT leaders striving to improve and create value for their businesses. Tech Leadership Conference Paris Learn More This conference provides a networking platform for pioneers in the European and French markets. Business Leadership Conference Learn More Milan IT Leadership Summit is specifically designed to share knowledge and to expand professional networks. IT Leadership Summit Milan Industries Healthcare Healthcare companies must identify ways to deliver better value for patients, fuel innovation and reduce the cost and complexity of operating systems. Learn More Our Services Management Consulting Sales & Marketing Consulting IT Consulting Feyz International provides exceptional networking events and a wide range of consultancy services to our clients through effective and cost-efficient business strategies, FDI and FPI consultancy, financial and administrative services. ​ Our team consists of people skilled in appropriate technologies and architectures to deliver creative, innovative, flexible solutions that are reliable and exceed expectations. Find Out More Financial & Tax Advisory Audit & Risk Advisory Legal Advisory

  • Article (Social accounting) - Feyz International

    SOCIAL ACCOUNTING: A TOOL FOR MEASURING CORPORATE SUSTAINABILITY ​ ​ Corporate social responsibility is an increasingly popular topic in the corporate world and beyond, highlighting a need for best practices and a stronger understanding of what it really means to be a sustainable business. For this to occur, we need ways of measuring corporate sustainability: social accounting is one way of doing so. Adrian Zicari, professor at ESSEC, explains its merits, as well as its limitations, in a recent chapter in the Handbook on Ethics in Finance. ​ First, a primer: social accounting refers to the measurement of an organization’s social and environmental performance, recognizing the need to go beyond measuring economic impact only. There are a number of indicators that can be used, for example the disclosure of pollution information or the composition of the company’s workforce, among others. The list of indicators goes on, as assessing social and environmental information is a complex matter. This makes the scope of social accounting quite broad, and also leads to the question of balancing comprehensiveness and comprehension: more information is not necessarily better, as it can make reports hard to understand. Many of these indicators are not measurable in financial terms, so practitioners of social accounting need to go beyond conventional accounting and gather information from different sources. This requires a significant investment. As a result, social reports are more common in bigger companies. ​ Dr. Zicari explored five issues (1): The motivation behind corporate disclosure of social & environmental information The use of social accounting internally for management purposes The link between social accounting and financial performance Whether or not regulation contributes to sustainability The potential that social accounting has for contributing to sustainable practices ​ Disclosure on social and environmental information ​ Today, the disclosure of social and environmental information is usually voluntary, though some European countries have recently implemented regulations. For instance, some companies in France have to present a “déclaration de performance extra-financière”. This means that in many cases, companies can pick and choose what, how, and when they disclose. This makes it difficult to compare companies, as there are many different frameworks in use. ​ If it is not mandatory, why do companies disclose this kind of information? One reason is to show their legitimacy, i.e. living up to social expectations. Others may have a more “defensive” strategy in play, like if they are under fire from environmental agencies. If they do produce social reports, their motivations may impact the content. Researchers have noted that companies with poorer environmental performance tend to talk more about their environmental projects (2) and use more optimistic language (3). ​ In other words, companies tend to be strategic when deciding what they share and how they share it, and their motivation is often based on protecting or enhancing the company’s reputation. This does not necessarily mean that companies are acting in bad faith, but it does mean that they may not disclose all their social and environmental indicators. Dr. Zicari notes that this can lead to tensions between companies and stakeholders: companies may not disclose all information, while stakeholders may seek more transparency. ​ Should disclosure be mandatory? ​ Corporate social responsibility initiatives and social accounting alike are typically voluntary, but there are increasingly calls for more mandatory reporting. This would be beneficial in that it could increase comparability, standardize reporting, boost the scope of information shared, result in better-informed consumers. ​ One way to increase regulation is through “soft-law” initiatives, meaning the use of frameworks that are voluntary, but provide structure, like GRI, SASB, and Integrated Reporting. If a company says that it complies with one of those, then it has to abide by that and provide the according data. This could also boost stakeholder engagement by providing a reference point and also make it easier to compare companies, as currently comparisons are hindered by the many different frameworks out there. ​ Another option is the use of “hard-law”, legally-binding regulations. One example of this is the Directive 2014/95/EU of the European Union, under which companies with over 500 employees disclose non-financial information. Some initial research suggests that this could have a negative impact on information quality, as companies prefer to share good news (4). ​ Increased regulations on social reporting could help, but regulation alone will not ensure disclosure, nor does increased disclosure lead to increased sustainability. This suggests that while regulation could be useful, it does not replace the need for stakeholders to advocate for sustainability. ​ Using social accounting internally ​ Much of the discussion has focused on disclosure to external parties. What about the goings-on inside the company? Internal indicators can help managers make decisions that align with CSR indicators. However, since the indicators can be hard to decipher, managers may struggle to work with them, especially as CSR work can be siloed within the organization. ​ Companies use different approaches when using social accounting internally. An “inside-out” approach highlights the use of internal social accounting information by managers in their decision-making processes; this can be combined with the “outside-in” perspective, wherein external stakeholders use report information to inform their decisions (5). Both of these perspectives are important in striving for sustainability. To facilitate this process and also help managers interpret the information, CSR discussions should be integrated into corporate performance and dealt with across the organization, rather than being the responsibility solely of a specialized team. ​ What is the link between social accounting and financial performance? ​ Social accounting is not interchangeable with conventional accounting: how exactly do they relate? Their scopes are different, but there is a lot of overlap, both in content and in audience. For example, perhaps a firm makes an expenditure to make a process greener: this will be reported in Profit and Loss Statements (the cost) and in social reports (the effect of the green initiative). An investor may read both these statements, as the financial statements help evaluate the company’s potential and social reports show its environmental impact. ​ The research is mixed when it comes to how sustainability actually impacts financial performance; as a result, managers may be unsure about the profitability of sustainable policies, even if they think the ethical rationale is strong. When measuring the situation, managers thus need to carefully consider the framework they use, and whether or not it is appropriate for the situation. ​ Can social accounting lead to organizational change? ​ Even if the link between sustainability and financial performance is unclear, sustainability remains a worthy goal. This means that social accounting, too, is useful, as a tool for achieving sustainability. What can it actually achieve? ​ Some scholars (cf. 6) suggest that social accounting can inform better decision-making and facilitate teamwork. Others are less certain (cf. 7), who argue that it is mainly symbolic and may not lead to significant change. One thing is true: realizing true improvements is difficult, and the mere implementation of social accounting processes will not automatically improve sustainability. Further, over-reliance on social accounting may lead to a focus on the “small picture”, rather than truly revisiting conventional business models. ​ While social accounting is not a silver bullet, it has shown success; the KPMG Survey of Corporate Reporting (2017) (8), studying reporting practices in 50 countries, found that social reporting is widespread, and there is a community dedicated to its improvement and implementation. Social accounting could also help with the “big picture”: while reports may highlight smaller, incremental improvements, these could inform long-term changes to conventional business practices. For example, mining: by definition a polluting activity, but nevertheless one that is necessary for industrial production. Using social accounting could give managers and stakeholders information that could help reduce the environmental impact as a short-term strategy, while preserving the need to look for long-term solutions that are better for the planet. ​ Social accounting is necessary and helpful for improving business models. Increased disclosure illuminates managers how the company can improve and informs the company’s efforts to be socially responsible. More transparency will benefit stakeholders and empower the public. We need to remember that social accounting remains a means to an end, and it will be tested by how effectively it creates measurable change in corporate practices. ​ Key points and takeaways ​ Tension exists between companies and stakeholders, as the former may not share all information and the latter seek greater transparency. Regulation could improve report quality, but will not automatically improve disclosure. Managers may find it challenging to work with social and environmental indicators, leading us back to the first point: some information may not be disclosed because it is not well understood or not readily available. We still do not have a clear picture of the link between sustainability and financial performance. We must be clear-eyed on the promise of social accounting. It can help improve existing business models, but does not create new ones, and managers should be encouraged to use complementary tools. All things considered: social accounting is an increasingly helpful tool for managers and stakeholders, and can help improve corporate sustainability. ​ References ​ Zicari, A. (2020). The many merits and some limits of Social Accounting: Why disclosure Is not enough. Handbook on Ethics in Finance, 541–557. https://doi.org/10.1007/978-3-030-29371-0_14 Cho, C. H., & Patten, D. M. (2007). The role of environmental disclosures as tools of legitimacy: A research note. Accounting, Organizations and Society, 32(7-8), 639-647. Cho, C. H., Roberts, R. W., & Patten, D. M. (2010). The language of US corporate environmental disclosure. Accounting, Organizations and Society, 35(4), 431-443. Costa, E., & Agostini, M. (2016). Mandatory disclosure about environmental and employee matters in the reports of Italian-listed corporate groups. Social and Environmental Accountability Journal, 36(1), 10-33. Burritt, R. L., & Schaltegger, S. (2010). Sustainability accounting and reporting: fad or trend?. Accounting, Auditing & Accountability Journal. Burke, J. J., & Clark, C. E. (2016). The business case for integrated reporting: Insights from leading practitioners, regulators, and academics. Business Horizons, 59(3), 273-283. Rodrigue, M., Magnan, M., & Cho, C. H. (2013). Is environmental governance substantive or symbolic? An empirical investigation. Journal of Business Ethics, 114(1), 107-129. Blasco, J. L., & King, A. (2017). The road ahead: the KPMG survey of corporate responsibility reporting 2017. Zurich: KPMG International. ​ by Adrián Zicari , 08.06.21 ​ Source : Knowledge Lab Essec

  • Article (GDPR compliance) - Feyz International

    GDPR COMPLIANCE IN LIGHT OF HEAVIER SANCTIONS TO COME—AT LEAST IN THEORY ​ Ridiculously low ceilings on administrative fines hindered the effectiveness of EU data protection law for over twenty years. US tech giants may have seen these fines as a cost of doing business. Now, over two years after the commencement of the European Union’s widely heralded General Data Protection Regulation (GDPR), the anticipated billion-euro sanctions of EU Data Protection Authorities, or ‘DPAs’, which were to have changed the paradigm, have yet to be issued. Newspaper tribunes and Twitter posts by activists, policymakers and consumers evidence a sense of unfulfilled expectations. DPA action has not supported the theoretical basis for GDPR sanctions—that of deterrence. However, the experience to date and reactions to it inspire recommendations for DPAs and companies alike. ​ In our working paper, EU General Data Protection Regulation Sanctions in Theory and in Practice , forthcoming in Volume 37 of the Santa Clara High Technology Law Journal later in 2020, we explore the theoretical bases for GDPR sanctions and test the reality of DPA action against those bases. We use an analysis of the various functions of sanctions (confiscation, retribution, incapacitation, etc.) to determine that their main objective in the GDPR context is to act as a deterrent, inciting compliance. To achieve deterrence, sanctions must be severe enough to dissuade. This has not been the case under the GDPR as shown through an examination of the actual amount of the sanctions, which is paradoxical, given the substantial increase in the potential maximum fines under the GDPR. Sanctions prior to the GDPR, with certain exceptions, were generally capped at amounts under €1 million (e.g. £500,000 in the UK, €100,000 in Ireland, €300,000 in Germany and €105,000 in Sweden). Since the GDPR has applied, sanctions have ranged from €28 for Google Ireland Limited in Hungary to €50 million for Google Inc in France, far below the potential maximum fine of 4% of turnover, or approximately €5.74 billion for Google Inc. based on 2019 turnover. While the highest sanctions under the GDPR have been substantially greater than those assessed under the prior legislation, they have been far from the maximum fines allowed under the GDPR. ​ Nonetheless, this failure of DPAs, especially the Irish DPA responsible for overseeing most of the US Tech Giants, has not gone unnoticed, as shown by EU institutional reports on the GDPR’s first two years. Indeed, increased funding of DPAs and greater use of cooperation and consistency mechanisms are called for, highlighting the DPAs’ current lack of means. Here, we underscore the fact that, in the area of data protection, there has been perhaps too much reliance on national regulators whereas in other fields (banking regulation, credit rating agencies, etc.), the European Union has tended to move toward centralization of enforcement. Despite these short-fallings, the GDPR’s beefing-up of the enforcement toolbox has allowed for actions by non-profit organizations mandated by individuals (such as La Quadrature du Net that took action against tech giants after the GDPR came into force), making it easier for individuals to bring legal proceedings against violators in the future, and an EU Directive on representative actions for the protection of consumer collective interests is in the legislative pipeline. ​ On the side of businesses, there has been a lack of understanding of certain key provisions of the GDPR and, as compliance theorists tell us, certain firms may be overly conservative and tend to over-comply out of too great a fear of sanction. This seems to be the case with the GDPR’s provisions regarding data breach notifications, where unnecessary notifications have overtaxed DPAs. The one-stop-shop mechanism, which is admittedly complex, also created misunderstanding. This mechanism allows the DPA of the main establishment in the European Union of a non-EU company to become the lead supervisory authority in procedures involving that company, which potentially could lead to companies’ forum-shopping on this basis. However, there is also a requirement that the main establishment has decision-making power with respect to the data processing to which the procedure relates. Failure to consider the latter requirement could result in companies selecting main establishments in countries where there is not such decision-making power, and thereby halt attempts at forum-shopping for a lead supervisory authority for certain processing. One example of this culminated in the French DPA (CNIL)’s largest fine so far, imposed on Google, whereas the latter argued that the Irish DPA was its lead supervisory authority. ​ As we explain in our paper, a lack of GDPR enforcement carries risks. Not only does it undercut the deterrent effect of the GDPR, but it also provides a tenuous basis for risk assessment by companies. While the GDPR’s first two years involved a sort of grace period when DPAs focused on educating companies and spent time painfully investigating complaints to litigation-proof their cases, some companies model their risk assessment of regulation based on enforcement histories. If there is a push for greater enforcement, which EU institutional reports would tend to foreshadow, the basis for companies’ models will be inaccurate. Furthermore, such dependence on risk evaluation ignores potential benefits to firms of increased trust and efficiency involved with expanding compliance to adopt a higher data protection compliance standard applied to customers worldwide. ​ Thus, we argue, not only should DPAs sanction offenders, but DPAs should sanction them severely when justified, establishing the necessary deterrence effect for EU data protection law. Moreover, DPA’s communication should in many cases be modified to stop downplaying sanctions: such communication is counterproductive to the desired effect of sanctions. Companies, on the other hand, should take efforts to fully understand the GDPR, and embrace compliance, leaving behind data protection forum-shopping as a potentially ineffective action. Furthermore, the typical securities lawyer warning that, ‘past performance is no guarantee of future results’, may be a forewarning to companies using past sanctions to create their compliance risk-assessment models that the results may not be accurate for the future. ​ W. Gregory Voss is an Associate Professor in the Human Resources Management & Business Law Department at TBS Business School ​ Hugues Bouthinon-Dumas is an Associate Professor in the Public and Private Policy Department at ESSEC Business School. ​ by Hugues Bouthinon-Dumas , 04.12.20 ​ Source : Knowledge Lab Essec

  • Article (EU Sustainable growth regulations) - Feyz International

    EU SUSTAINABLE GROWTH REGULATIONS: THE CHALLENGES OF TRANSPARENCY, COMPARABILITY, AND LEADERSHIP With the European Green Deal of December 2019 supporting long-term signals to support green investments, and the proposed European Climate Law as a framework for achieving climate neutrality, low-carbon transition has recently featured prominently in European Union (EU) policy. “Greenwashing” (pretended concern about the environment) and false advertising in the marketing of supposedly “green” products tend to undermine this objective, and these phenomena have therefore come under scrutiny. In particular, the European Commission has adopted an Action Plan on Financing Sustainable Growth, which aims at reorienting capital flows towards sustainable investment, and fostering transparency and long-termism. The Action Plan has engendered three Regulations – “Disclosure”, “Benchmark”, and “Taxonomy” – between 2019 and 2021. The new legal framework represents a worthwhile beginning, but it is not yet fully mature. ​ The Disclosure Regulation, the Communication from the Commission on Reporting Climate-Related Information, and soft law principles targeting green bonds specifically, have together updated the 2014 requirements on non-financial information. They have increased transparency at almost all levels in the financial value-chain: issuers, investment funds, pension funds, and hedge funds, financial advisors, asset managers (all recognized as “financial market participants” in the Regulation) and rating agencies. ​ In addition, in order to facilitate investors’ access to data, the Commission has announced in its Capital Markets Union New Action Plan the establishment of a European Single Access Point for financial and non-financial information publicly disclosed by companies. ​ The low-carbon Benchmark Regulation sets out the requirements for “EU Climate Transition Benchmarks” and “EU Paris-aligned Benchmarks”, while the Taxonomy Regulation establishes a unified EU classification system to label economic activity as environmentally sustainable. The Taxonomy Regulation makes clear which economic activities contribute most to meeting the EU’s environmental objectives, and thereby guides – or nudges – investors towards “green” investments (on the model of energy consumption labelling, and its colour-gradient). Under Article 8(1) of the Taxonomy Regulation, certain large undertakings that were previously required to publish non-financial information pursuant to the Non-Financial Reporting Directive, are now required to disclose information to the public on how and to what extent their activities are associated with environmentally sustainable economic activities. SMEs and non-EU companies can of course decide to disclose information on a voluntary basis for the purpose of getting access to sustainable financing or for other business-related reasons. By December 31st, 2021, the Commission will report on how to label “brown” activities that significantly harm environmental sustainability, as well as activities that have low impact. The EU’s green finance taxonomy is, in other words, directed at avoiding greenwashing by establishing criteria for activities and financial instruments that claim to be environmentally sustainable or to contribute to a social objective. ​ This legal framework lays some groundwork for comparisons and sound decision-making on behalf of investors. However, more needs to be done in terms of standardising what is reported. In practice, the way environmental information reaches capital markets remains a sticking point. Labels, indices, and principles drawn up by various uncoordinated for-profit and nonprofit organizations have multiplied, creating complexity and confusion for companies and investors. Yet, as stressed by Robert Eccles, nonfinancial information that is of the same rigor and relevance as financial information, and that is also subject to the same degree of auditability, is indispensable for capital markets to operate sustainably. ​ Standards for nonfinancial information for companies’ environmental (as well as social, and governance) performance are important: like accounting standards, they are accepted simplified constructs to represent a company’s performance. Though imperfect (and evolving), standards enable comparability (without preventing additional information to be provided) and only fulfil their role in practice if they are mandatory. The European Financial Reporting Advisory Group’s Project Task Force issued its final report to prepare for “the elaboration of possible EU non-financial reporting standards in a revised EU Non-Financial Reporting Directive”. The European Union plans to announce its standards in April 2022. However, because the economy is global, what is really needed are standards that are also global, in addition to being independent and rigorous. ​ The EU has shown an interest in building up an international forum: with seven countries representing 55 % of the world’s greenhouse gas emissions and half of the world’s population and GDP, the EU launched the International Platform on Sustainable Finance (IPSF). Although the IPSF is not a standard-setting body, its work is aimed at preparing the ground for the international standard setters to develop globally applicable sustainable finance standards. As noted in the first IPSF annual report, the absence of coherent definitions of green investments (taxonomies) at the global level, and the low degree of standardisation of reporting, represent a limit to green and sustainable finance worldwide. Around the world, several countries have drawn up roadmaps for sustainable finance; various public and private bodies have also introduced frameworks to enhance standardisation. However, these uncoordinated initiatives tend to reflect local priorities and stages of market development and: they cause fragmentation. ​ The need to overcome this situation is also recognized in the EU-US agenda for global change announced a few weeks after the election of Joe Biden. The transatlantic initiative contemplates jointly designing a global regulatory framework for sustainable finance, based on the experience of the EU taxonomy. This illustrates the leading role that Europe is in a position to play as other major economies start to prioritize a coordinated response to climate change. ​ There is obviously a risk that collective action fails and that each entity insists on imposing its own standards rather than working towards global ones. In particular, there is a risk that the EU decides that because it can mandate standards, it should do so. Unless these are endorsed by market forces, such standards might trigger a mere compliance exercise, with little benefit to companies, investors and society as a whole. ​ If, however, the EU recognizes that it could be at the forefront of an international effort to help global standards emerge, it will be able to foster joint work with other bodies, such as the Impact Management Project, which has engaged in an effort to reconcile the various sets of existing standards, the World Economic Forum International Business Council , which can harness commitment from the corporate community, and the Sustainability Standards Board established in September 2020 to sit alongside the International Accounting Standards Board and engage in a similar role establishing international reporting standards. Were the EU to take on the role of midwife, it could deliver to the world the standards for nonfinancial information that US and Asian companies will adopt. Meanwhile a race started since the SEC proposed in March 2022 rules regarding compulsory climate-related disclosures. ​ by Geneviève Helleringer , 28.03.22 ​ Source : Knowledge Lab Essec

  • Terms of Use - Feyz International

    Terms of Use Agreement to terms These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Feyz International LLC (commercial name - Feyz International) ("Feyz International," “we," “us," or “our”), concerning your access to and use of the www.feyzinternational.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in France and have our registered office at 16 Allée du Puits, 92130, Issy-les-Moulineaux. SIREN number: 911672723. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. Intellectuel property rights Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of France and the EU, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. User representations ​By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Site (or any portion thereof). Prohibited activities You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use any information obtained from the Site in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. Use the Site to advertise or offer to sell goods and services. Sell or otherwise transfer your profile. Third-party website and content The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. Site management We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. Privacy policy We care about data privacy and security. Please review our Privacy Policy . By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Canada and the United States of America. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada and the U.S., then through your continued use of the Site, you are transferring your data to Canada and the U.S., and you agree to have your data transferred to and processed in Canada and the U.S.. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. Term and termination These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. Modifications and interruptions We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. Governing law These conditions are governed by and interpreted following the laws of the French Republic, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Feyz International LLC and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Nanterre, which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Use in France, or in the EU country in which you reside. Dispute resolution Binding Arbitration Any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Paris, France. The language of the proceedings shall be French. Applicable rules of substantive law shall be the law of France. Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Corrections There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. Disclaimer The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Limitations of liability In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to $100.00 usd. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights. Indemnification You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. User data We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Electronic communications, transactions, and signatures Visiting the Site, sending us emails, and completing online forms (including event registration forms) constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. Miscellaneous These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. Contact us In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Feyz International LLC 16 Allée du Puits 92130, Issy-les-Moulineaux France ​ Phone: +33 7 57 83 83 33 data-protection @feyzinternational.com ​ ​ This document was last updated on November 29, 2022

  • Article (Consumer finance) - Feyz International

    CONSUMER FINANCE IN THE DIGITAL AGE: LEVERAGING BIG DATA AND TECHNOLOGY TO PERSONALIZE PROTECTION Have you ever wondered why consumers tend to make suboptimal financial decisions, and why financial firms are often in a position to exploit them? Clearly, this is due in part to consumers’ biases and limited rationality. As consequence, even well-meaning policy interventions have often regulated for rational consumers and made them worse rather than better off. However, recent developments in behavioral science and economics seem to have made their way to traditional regulatory interventions. And while the combination of behavioral insights and big data analysis is raising issues relating to privacy and equality before the law, it is also opening up the possibility of tailoring the regulation of financial market behavior to more empirically valid characteristics. ​ Consuming Financial Products ​ Retail clients, you, me, we all engage with the financial system in various ways. We open accounts, we get personal loans, we may even be tempted to invest in bonds or shares. Some of the opportunities in the financial market are believed to dramatically improve our well-being. Pension-related products are one striking example: they help up save effortlessly for times when we will not have an income anymore. However, financial markets are complex and also expose consumers to greater risks than other marketplaces. Some risks are product specific and derive from the speculative nature of the instrument. Other risks are more general and related to consumers’ pattern of behavior. Even products such as insurance products that are not indexed to the ups and downs of the financial market do expose financial consumers to ill-suited or expensive choices. Decision-making and the Human Brain ​ It is now widely recognized that individual cognitive processing has limited capacity. The human brain deploys mechanisms to economize on cognitive processing in decision-making: this saves time but results in systematic errors in decision-making, which might not happen if the person was given unlimited time and the analytic resources to make these choices. Therefore, consumers make predictably costly mistakes in financial markets: they buy high and sell low, invest in attractively presented instruments they do not understand, and pay excessive fees. ​ The Myth of Rules of Thumb and the Rational Consumer ​ If we want to protect and empower the financial citizens that we are, close attention should be paid to consumers’ behaviors, to their imperfect analyses and distorted judgments. Let us not forget that many existing rules are written with a fictional (rational) consumer in mind: someone who reads labels and disclosures, takes the time to scrutinize contracts, and checks the terms and conditions. In reality, we are nothing like the fictional consumer. Instead, we use shortcuts to make decisions, relying on intuition rather than deliberation. Thus, many potential errors, anomalies or biases in consumer decision-making may be explained by the use of rules of thumb leading to incorrect beliefs. We are unlikely to make an active choice when one option is a default (‘inertia’). An example of this is automatically renewable contracts, such as are often found in banking services. It has also been established that we can only deal effectively with a limited amount of information (‘information overload’). For this reason, it is not sensible to throw into the terms and conditions of loan agreements more information than consumers can process. Another example is present bias. This causes us to discount costs that seem distant in the future (‘hyperbolic discounting’). For example, a credit card with a low introductory teaser interest rate and high long-term interest rate is regarded as attractive, irrespective of the total cost. A last example, ‘optimism bias’ can lead us to misjudge the amount of use we make of a service: thus we might believe that we will never be in a situation where we need an expensive overdraft. Errors of this kind can result in choosing a contract that does not suit our needs. ​ Leveraging Big Data and Technology to Personalize Protection ​ Businesses have long been aware of this set of behaviors and regulations have started to take into account and incorporate insight from behavioral studies. What would be useful is to bridge the gap with Big Data, which is just another key to understanding consumer behavior. The power of Big Data and associated predictive analytics could be used to improve the efficiency of consumer law. While heterogeneity among consumers often means that regulations are over- and under-inclusive, the rise of Big Data has significantly decreased the costs associated with creating and administering personalized legal rules tailored to specific individual profiles or circumstances. This is just one example out of many more. In short, the combination of behavioral economics and Big Data analysis opens up the possibility of tailoring the regulation of market behavior to more empirically valid characteristics, and to personalize it. This exciting prospect also opens up major questions, relating in particular to how privacy can be ensured and how justice can be achieved. Nevertheless, private law can potentially embrace and harness these insights, and use them to solve problems such as unfair terms or debt payment issues. ​ by Geneviève Helleringer , 21.09.21 ​ Source : Knowledge Lab Essec

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