Review of Cross-Border Publisher: Banking Confidentiality

Cross-Border Publisher: Banking Confidentiality from Clifford Chance Applied Solutions (CCAS) delivers guidance on 9 questions on banking confidentiality across 17 jurisdictions. The product expands the Cross-Border Publisher series of products to cover the rules on customer data specific to banks (or licensed credit institutions, which we refer to here generally as "banks"). The Banking Confidentiality module is a good addition to Cross-Border Publisher: Data Protection to provide a central knowledge management solution for a bank's data protection requirements.

v5-Banking-Confidentiality-Executive-Summary-Review-Cross-Border-Publisher-01A practical example of when you would need this product is deciding whether a bank can share anonymised client data with third parties. There are both data protection and banking confidentiality rules that cover how client data should be anonymised, and with the data protection and banking confidentiality modules of Cross-Border Publisher, the in-house team at a bank can check both rules quickly and easily. With a central knowledge management solution for both data protection and banking confidentiality rules, an in-house team can serve the business far more quickly and cheaply than maintaining that knowledge in-house. As the knowledge is provided by CCAS, the Clifford Chance network is available should an in-house team need further assistance (subject to conflict of interest checks). As with Cross-Border Publisher: Data Protection, the value of Cross-Border Publisher: Banking Confidentiality increases quickly as more jurisdictions come into play. Purchasers on PartnerVine can choose the jurisdictions they would like to buy.

In this article, we review Cross-Border Publisher: Banking Confidentiality so you have a better understanding of what you can purchase on PartnerVine. We discuss the problem addressed by the product, the relative advantage of using the product when compared to the other options, the compatibility of the product with the average user's work flow, the circumstances this product targets, the supplier, important terms, and where you can get more information.

The Problem

Banking confidentiality obligations are often similar but not the same. For instance, French banking confidentiality rules were revised in 2008 so it is no longer best practice to rely on consents in general terms and conditions. Compared to the UK or Germany, the requirement of express consent has a 'case by case' condition in France that makes consents in general terms and conditions less likely to be upheld. For a bank operating across borders, the most important part of risk management is getting those details right, which often results in expensive multi-jurisdictional reviews from international law firms like Clifford Chance.

The Solution from Clifford Chance Applied Solutions

With Cross-Border Publisher: Banking Confidentiality, Clifford Chance Applied Solutions draws on the international network of Clifford Chance LLP to maintain that multi-jurisdictional review on a standardised basis. The result is extraordinary value for in-house counsel, with the possibility to request further counsel from Clifford Chance LLP if advice based on a customer's facts and circumstances is needed. Compared to the traditional way of managing data protection obligations (which often resulted in a spreadsheet updated by counsel) or options provided by legal publishers that aren't affiliated with a law firm, Cross-Border Publisher: Banking Confidentiality is a better way to manage a company's knowledge and risk.

Cross-Border Publisher: Banking Confidentiality covers 9 questions across 17 jurisdictions. The cost per jurisdiction is £99 monthly or £499 annually (or its equivalent in the payment currency for your country). The questions Clifford Chance Applied Solutions answers cover the key topics on banking confidentiality, and reflect the experience of Clifford Chance in answering questions for many companies over the years. For a complete list of the topics covered, please see our article: Topics covered by Cross-Border Publisher: Banking Confidentiality. The product currently covers the following 17 jurisdictions: Austria, Belgium, Czech Republic, France, Germany, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United Kingdom. The jurisdictions covered by Cross-Border Publisher: Banking Confidentiality are currently the same ones covered by Cross-Border Publisher: Data Protection in Europe.

Relative Advantage

There is a Relative Advantage Calculator on each product page that shows the cost savings a company receives by using Cross-Border Publisher: Banking Confidentiality. The Relative Advantage Calculator makes clear that Cross-Border Publisher: Banking Confidentiality will deliver value for the vast majority of companies and deliver extraordinary value as usage increases. For background information on the Relative Advantage Calculator, see our article here.

The relative advantage of using Cross-Border Publisher: Data Protection is not just cost savings, but a better model of making Clifford Chance Applied Solutions responsible for legal guidance delivered at scale, with the ability to plug in to the network of Clifford Chance LLP if legal advice or further expertise is required. The unique selling propositions for the product are:

  • Immediate access online. Having a single source of information which is immediately accessible means the in-house team can focus on execution rather than legal research, and provides the employee or team responsible for data protection in-house with knowledge from Clifford Chance when discussing internally. 
  • Comprehensive coverage across multiple jurisdictions. The questions covered by CCAS are the key topics for banking confidentiality across 17 jurisdictions in Europe. Cross-Border Publisher: Banking Confidentiality allows an in-house team to seamlessly access the combined knowledge of the international network of Clifford Chance.
  • Option for additional jurisdictions. Customers can subscribe to one jurisdiction, or many. As a practical matter, companies will want to cover the jurisdictions where they have customers, and subscribe for a new jurisdiction when the business need arises. That allows an in-house team to easily and cheaply scale with the business, providing an important competitive advantage to a company. Subscribing by jurisdiction means in-house counsel will have the right tool for the job at the right price. For many companies, this is a game changer, elevating the quality and ease of deployment internationally immediately. 
  • Updates and improvements deployed at scale. The team at Clifford Chance Applied Solutions doesn't guarantee real-time updates, but the updates are likely to be far faster than an in-house team that manages data protection obligations as one priority among many. In addition, as improvements are rolled out across the product, the in-house team will benefit by staying in line with best practices in the market.
  • Value because the costs are shared. The model of sharing costs for standard information is a better solution for in-house counsel. The shared costs are comprised of legal research and the cost of distributing that research on the platform. The shared cost of distributing that research is mainly building out the platform, with every new feature delivered to customers at a fraction of the cost of building it themselves.

Note on the value delivered with multiple jurisdictions. Because the guidance you're accessing is delivered at a fraction of the cost of engaging counsel, you get good value whether you subscribe for one jurisdiction or many. As you subscribe for more jurisdictions, the value grows, because you are taking advantage of the scale of distribution made possible with software. Replicating a multi-jurisdiction review comparable to what is contained in this product would be expensive–standardized answers delivered at scale really outshine the alternatives. 

Compatibility

Cross-Border Publisher: Banking Confidentiality is easy to fit in to your workflow. After purchasing the product on PartnerVine, Clifford Chance Applied Solutions sends you a user ID and password, which allows you to log in directly online. There is no further integration required, and no investment needed to get up and running.

Many tech projects require you to onboard and maintain your company's data on a platform before you see value – this is not one of those projects. When you subscribe for Cross-Border Publisher: Banking Confidentiality, the party that delivers and maintains information on data protection obligations is Clifford Chance Applied Solutions. You just log in to get it.

As part of the Cross-Border Publisher series, Cross-Border Publisher: Banking Confidentiality is easy to use with Cross-Border Publisher: Data Protection to cover both data protection and banking confidentiality rules.

Circumstances of Use

Cross-Border Publisher: Banking Confidentiality has been built for in-house counsel and compliance experts that want direct access to the knowledge of Clifford Chance on banking confidentiality obligations. 

About Clifford Chance Applied Solutionsv5-CCAS-logo-Black-on-white

Clifford Chance Applied Solutions is a wholly owned subsidiary of Clifford Chance LLP, one of the world’s pre-eminent law firms. Clifford Chance Applied Solutions builds solutions which address widescale business challenges. The products are rigorously tested with customers and potential customers. The legal guidance in the products comes from the lawyers of Clifford Chance LLP. The result is a range of products that deliver automated knowledge to the highest of standards.

Support

Cross-Border Publisher: Banking Confidentiality is accessible online 24 hours a day. Chat support from Clifford Chance Applied Solutions is easily available within the product from 9 am to 5 pm GMT on weekdays.

Should you need legal advice, the contact details for the lawyers at Clifford Chance responsible for a given jurisdiction are available within the product. Subject to a check for client conflicts and agreeing a fee, those lawyers can provide you legal advice based on the facts and circumstances of your situation. Streamlining the standard answers provided in the product with tailored advice should you need it provides you a better solution faster and at a better price point than the alternatives.

Important Terms

When you subscribe for the product, you subscribe for particular jurisdictions, and receive either a month's or a year's access to the product, depending on whether you choose a monthly or annual subscription. The product is set for automatic renewal, so if you don't opt out before the renewal, you will be charged for the next month or year. Multiple employees and teams can use the product within your company.

More information on the terms of the product are provided in Clifford Chance Applied Solution's terms and conditions which are available when you go to the check out.

Further Resources

To go to the product page for Cross-Border Publisher: Banking Confidentiality, click on a jurisdiction below:

For a description of topics covered by Cross-Border Publisher: Data Protection, go to the article Topics covered in Cross-Border Publisher: Banking Confidentiality.

For a review of Cross-Border Publisher: Data Protection, which is provided alongside this product to cover data protection regulations, see our article Review of Cross-Border Publisher: Data Protection.

For information on the Relative Advantage Calculator, see our article here.

For information on Clifford Chance Applied Solutions, go here.

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