Open Banking is now well established in the UK, with hundreds of fintechs and account providers participating in the Open Banking ecosystem serving more than six million users.
The success of Open Banking in the UK so far has largely been down to the creation of a standardised ecosystem which the 9 largest financial institutions in the UK were mandated by the CMA to create (via the CMA Order). This included development of standardised APIs enabling customers to share their account data securely with or request payments from their account, which are initiated on their behalf by certain trusted third parties. This has enabled fintech companies to build products and services which embed these features, such as budgeting, product comparison and savings apps.
With completion of the Open Banking implementation roadmap expected to be announced by the CMA shortly, HM Treasury, the CMA, the FCA and the PSR jointly published an update on 16 December 2022 on its vision for unlocking the future potential of Open Banking.
The vision is that Open Banking should promote greater competition and innovation for the benefit of consumers, businesses and the wider economy. Three priorities have been identified to deliver this vision:
- Unlocking the potential of Open Banking payments to support competition and innovation by creating greater choice between payment methods and the building of the next generation of payments, including more efficient and tailored services
- Adopting a model that is scalable for future data sharing propositions
- Establishing a sustainable footing for the ongoing development of the Open Banking ecosystem
The first stage to achieving this will be for the Open Banking Implementation Entity (OBIE) (which created the Open Banking technical standards and industry guidelines) to transition into an "interim entity". The fulfilment and maintenance of activities in scope of the CMA Order will continue to be overseen by the CMA. Other Open Banking activities which are outside the scope of the CMA Order (such as those that enable further innovation) will be overseen by a Joint Regulatory Oversight Committee (JROC).
The interim state will end when a long term regulatory and legislative framework is in place for Open Banking. At this time, a future entity will be established; however, it is yet unclear which regulator will be given regulatory powers over this entity. There is also a lack of detail on governance and funding arrangements so far. However, JROC does explain that governance of the future entity should be independent and underpinned by a set of values and cultures that include an emphasis on integrity and promoting ethical behaviours. The future entity should also be equitable with funding and liability arrangements shared across participants in a proportionate way, rather than being the responsibility of just the CMA9 (The nine largest banks and building societies in Great Britain and Northern Ireland, based on the volume of personal and business current accounts) (as is the case currently).
In relation to the responsibilities of the future entity, these are expected to include:
- Enabling the development of new Open Banking product and service propositions and support innovation and competition within the financial services sector which benefit consumers and businesses and support economic growth in the UK
- Providing and maintaining the technical infrastructure and critical services for Open Banking, as well as improving and developing existing and new technical standards
- Ensuring compatibility with the activities of other key actors in the ecosystem, such as the Faster Payments payment network operated by Pay.UK
The JROC is due to set out full details of its recommendations on the vision and design of the future entity during Q1 2023.