R. Kinney Williams & Associates
R. Kinney Williams
& Associates

Internet Banking News

September 23, 2001

INTERNET COMPLIANCEEqual Credit Opportunity Act (Regulation B)

The regulations clarifies the rules concerning the taking of credit applications by specifying that application information entered directly into and retained by a computerized system qualifies as a written application under this section. If an institution makes credit application forms available through its on-line system, it must ensure that the forms satisfy the requirements.

The regulations also clarify the regulatory requirements that apply when an institution takes loan applications through electronic media. If an applicant applies through an electronic medium (for example, the Internet or a facsimile) without video capability that allows employees of the institution to see the applicant, the institution may treat the application as if it were received by mail.

INTERNET SECURITY - We continue covering some of the issues discussed in the "Risk Management Principles for Electronic Banking" published by the Basel Committee on Bank Supervision in May 2001.

Risk management principles (Part 2 of 2)

The Committee recognizes that banks will need to develop risk management processes appropriate for their individual risk profile, operational structure and corporate governance culture, as well as in conformance with the specific risk management requirements and policies set forth by the bank supervisors in their particular jurisdiction(s). Further, the numerous e-banking risk management practices identified in this Report, while representative of current industry sound practice, should not be considered to be all-inclusive or definitive, since many security controls and other risk management techniques continue to evolve rapidly to keep pace with new technologies and business applications.

This Report does not attempt to dictate specific technical solutions to address particular risks or set technical standards relating to e-banking. Technical issues will need to be addressed on an on-going basis by both banking institutions and various standards-setting bodies as technology evolves. Further, as the industry continues to address e-banking technical issues, including security challenges, a variety of innovative and cost efficient risk management solutions are likely to emerge. These solutions are also likely to address issues related to the fact that banks differ in size, complexity and risk management culture and that jurisdictions differ in their legal and regulatory frameworks.

For these reasons, the Committee does not believe that a "one size fits all" approach to e-banking risk management is appropriate, and it encourages the exchange of good practices and standards to address the additional risk dimensions posed by the e-banking delivery channel. In keeping with this supervisory philosophy, the risk management principles and sound practices identified in this Report are expected to be used as tools by national supervisors and implemented with adaptations to reflect specific national requirements where necessary, to help promote safe and secure e-banking activities and operations.

The Committee recognizes that each bank's risk profile is different and requires a risk mitigation approach appropriate for the scale of the e-banking operations, the materiality of the risks present, and the willingness and ability of the institution to manage these risks. These differences imply that the risk management principles presented in this Report are intended to be flexible enough to be implemented by all relevant institutions across jurisdictions. National supervisors will assess the materiality of the risks related to e-banking activities present at a given bank and whether, and to what extent, the risk management principles for e-banking have been adequately met by the bank's risk management framework.

PRIVACY - We continue covering various issues in the "Privacy of Consumer Financial Information" published by the financial regulatory agencies in May 2001.

Financial Institution Duties
( Part 2 of 6)

Notice Duties to Customers:

In addition to the duties described above, there are several duties unique to customers. In particular, regardless of whether the institution discloses or intends to disclose nonpublic personal information, a financial institution must provide notice to its customers of its privacy policies and practices at various times.

1)  A financial institution must provide an initial notice of its privacy policies and practices to each customer, not later than the time a customer relationship is established. Section 4(e) of the regulations describes the exceptional cases in which delivery of the notice is allowed subsequent to the establishment of the customer relationship.

2)  A financial institution must provide an annual notice at least once in any period of 12 consecutive months during the continuation of the customer relationship.

3)  Generally, new privacy notices are not required for each new product or service. However, a financial institution must provide a new notice to an existing customer when the customer obtains a new financial product or service from the institution, if the initial or annual notice most recently provided to the customer was not accurate with respect to the new financial product or service.

4)  When a financial institution does not disclose nonpublic personal information (other than as permitted under section 14 and section 15 exceptions) and does not reserve the right to do so, the institution has the option of providing a simplified notice.

 

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