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Chapter Law Content

Title: Regulations Governing Financial Technology Innovative Experimentation CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter IV Protection Measures
Article 13
The applicant should allocate a reasonable number of staff and resources based on the scope, duration and scale of the innovative experimentation, and establish and carry out participant protection measures and prepare an appropriate compensation mechanism. The compensation mechanism includes declaring trust or obtaining banker's guarantee.
The "declaring trust" mentioned in the preceding paragraph refers to signing a trust agreement with the bank where a dedicated deposit account is opened as a trust account.
The "obtaining banker's guarantee" mentioned in Paragraph 1 hereof refers to signing a guarantee agreement on the performance of appropriate compensation, by which the bank undertakes the performance obligation of the applicant to participants.
The effective period of the trust or banker's guarantee should cover at least the entire innovative experimentation period plus another six (6) months, and before the innovative experimentation starts, the trust agreement shall be signed with sufficient amount of compensation deposited into the trust account or a banker's guarantee shall be obtained.
Where the protection measures or compensation mechanism mentioned in Paragraph 1 hereof are deemed inadequate by the competent authority in the review, the competent authority may require the applicant to add more protection measures or raise the compensation.
Article 14
An applicant shall establish the following management mechanisms based on the professional level of participants and possible risks associated with the innovative experimentation:
Assessing the suitability of participants.
Informing and disclosing the important contents of innovative experimentation and all associated risks.
Advertising and soliciting activities and methods.
Handling dispute and compensation.
Protecting funds received and funds for payment obligations.
Protecting personal information .
Maintaining information security.
Article 15
An innovative experimentation must have independent accounting.
Personnel arrangement, information exchange and utilization, and sharing of business equipments and venues between business involved in innovative experimentation and business not involved in innovative experimentation shall be free from conflicts of interest or other situations that may damage the interests of participants.
Article 16
An applicant shall, prior to starting an innovative experimentation, consent in writing or consent explicitly in its products or service contracts or other documents that the complaint, mediation and ombudsman service procedures in the Financial Consumer Protection Act apply mutatis mutandis to Article 24 of the Act.
The written consent, contract or other documents mentioned in the preceding paragraph shall state that the applicant will accept the decision of the Financial Ombudsman Institution in an ombudsman procedure, and the decision requires the applicant to pay each participant cash or property value under a certain amount. If the ombudsman decision exceeds the certain amount, the applicant will also accept it if the participants explicitly agree to reduce the cash or property value to a certain amount.
Article 17
The contract entered between the applicant and participants shall contain the following particulars:
The scope, important content, duration, and potential associated risks of the innovative experimentation, disclosure of transaction information and the number of approval document issued by the competent authority;
Where the products or services in the experimentation involves investment or utilization of funds, there shall be no guaranteed performance or income;
Rights and obligations of the applicant and the participants, including the applicant's responsibilities towards the participants described under Article 20 to Article 22 of the Act;
Mechanisms for participating in and withdrawing from the innovative experimentation;
Protection and return measures for funds associated with funds received by the applicant and applicant's payment obligation, and informing the participants that funds received will not be protected by deposit insurance or Insurance Guaranty Fund;
Complaint, dispute handling and compensation mechanism; and
Other matters designated by the competent authority.
The applicant shall inform the participants of related matters in accordance with Article 8 of the Personal Information Protection Act.
Article 18
An applicant shall ensure the security of information collection, processing, use and transmission in accordance with Article 13 of the Act, prevent illegal intrusion, access, tampering, or destruction of business records or personal information, and establish a participant notification and damage compensation mechanisms to respond to third-party's intrusion in information system.
Article 19
When the innovative experimentation is terminated by the applicant, or cancelled or revoked by the competent authority or when the innovative experimentation period ends, the applicant shall handle exit related matters in accordance with the exit mechanism approved by the competent authority and the instructions of the competent authority, and notify the participants of the end of the innovative experimentation.
An applicant shall, within three (3) business days after completing the exit mechanism mentioned in the preceding paragraph, report the implementation results to the competent authority for record.
The report on the innovative experimentation results submitted to the competent authority in accordance with Article 16 of the Act shall include the implementation status of the exit mechanism, and if applicable, subsequent planning for the financial business involved in the innovative experimentation.