ABSTRACT

This chapter examines some of the benefits or potential benefits of Fintech, before looking at blockchain technology, artificial intelligence (AI) and machine learning, and data protection. It seeks to set out some ideas on the need to reform law of contract to address smart contracts and contracts created between machines, attribution of responsibility in delict for harm caused by semi-autonomous or autonomous machines, and development of new concepts in property law. The power of AI and machine learning to analyse data should be able to contribute to a more efficient financial system in those economies which embrace Fintech. Securities exchanges in Canada and Australia have declared their intention to move to blockchain-operated trading and clearing, and the South Korean capital markets regulator advocates collaboration in developing an integrated blockchain system for stock transactions. One option for addressing the various questions arising out of the use of AI in Fintech is to explore whether to give a computer separate legal personality.