5. www.dlapiper.com 5
Local presence – Regulated FinTechs
Services
(FoS)
Branch
(FoE)
Subsidiary
Common pitfalls
• General good provisions
• Non-regulated activities regulated
abroad
• Application of exemptions
• Implementation of EU Directives
• De facto establishment
• Outsourcing
• Corporate substance
• Reverse solicitation
• Market access requirements
outside EEA
• Data protection & data transfers
6. www.dlapiper.com 6
DIRECT SALES INDIRECT SALES
Location of employees Regulated distributors
Agents Brokers
MGAs
Rules of conduct
Language
JOINT VENTURES
Some activities are regulated
IP rights
Competition law
Termination rights
Taxation
Non-regulated distributors
Client introducers
Resellers Partners
Financial institutions
Webshops &
platforms
Peer-to-peer
Franchising
B2B laws
Exempt
intermediaries
Labour law
International distribution models
Cross-selling
…
7. www.dlapiper.com 7
KEY TAKEAWAYS
European passport
Market access
within the EEA but
general good
provisions apply
third countries
Local licensing
requirements &
reverse solicitation
(intragroup)
outsourcing
Financial
regulation &
data transfers
distribution
model
Carefull assessment
required
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