This is the least-sexy thing to get excited about, but.... CFPB 1033 just dropped!!
What this means: the US has finally adopted Open Banking rules. FINALLY.
https://lnkd.in/gSKqAHQQ
The PDF is far too long to read, so we handed it off to a helpful LLM to summarize, and here's the TL;DR:
Key Objectives:
- Empower consumers: Give consumers access to their own financial data and authorize third parties to access it securely and reliably.
- Promote competition: Reduce barriers to entry for new market participants, encourage innovation, and prevent market dominance by incumbents.
- Protect consumers: Ensure data sharing with third parties is transparent and for the consumer's benefit, not the third party's own.
Coverage:
- Data providers: Depository institutions (including credit unions) and non-depository institutions issuing credit cards, holding transaction accounts, providing payment facilitation, etc.
- Small Depository Institutions: Depository institutions with total assets below the SBA size standard (currently $850 million) are excluded from coverage.
- Covered Data: Primarily focuses on transaction information, account balances, payment initiation information, terms and conditions, upcoming bill information, and basic account verification data.
Data providers must:
- Maintain consumer and developer interfaces for data access.
- Make covered data available upon request in electronic form.
- Not charge fees for access.
Key Provisions:
- Prohibition on fees: Data providers cannot charge for providing access to covered data.
- Prohibition on screen scraping: Data providers cannot use screen scraping to enable third party access.
- Standardized format: Data providers must make covered data available in a standardized, machine-readable format.
- Reasonable access caps: Data providers can impose limits on the frequency of third party requests, but they must be reasonable and non-discriminatory.
- Third party obligations: Restrict the collection, use, and retention of covered data to what is reasonably necessary to provide the consumer's requested product or service.
- Secondary uses: Prohibit secondary uses of data, such as targeted advertising, cross-selling, and data sales, unless authorized by the consumer as a separate product or service.
- De-identification: The rule does not allow for the use of de-identified data for secondary purposes, but the CFPB will monitor the market and consider future rule-making on this issue.
- Transparency and accountability: Requires public disclosures by data providers about interface specifications and performance metrics.
Implementation Timelines:
- Data provider compliance: Staggered over five years, starting April 1, 2026, for the largest data providers.
- Third party compliance: Effective immediately upon the rule's effective date.
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