Regulatory sandbox and its challenges in Iranian legal system

Document Type : Original Article

Authors

1 Assocaite Professor of law،Shahid Beheshti Univercity.

2 Ph.D Candidate of Public Law،, Shahid BeheshtiUniversity

10.52547/jlr.2023.228521.2297

Abstract

Regulatory sandbox and its challenges in Iranian legal system
Mohammad Hosein Zarei) Associate Professor of Law, Shahid Beheshti University(
Hamed Edrisian) PhD Candidate of Public Law, Shahid Beheshti University(
Abstract
Although the appearance of companies which are based on technology providing financial services, called financial technology (Fintech), has become public and facilitates financial services, the regulatory bodies are worried about possible negative consequences of these companies due to uncertainties of the companies’ business models and their effects on the economic system. In Iran, the increasing growth of fintech businesses and people's interest, in one hand, and the lack of proper familiarity of regulatory bodies with this field for regulation, on the other hand, have caused similar concerns. So, reaching a balance point in which the innovation and development of fintech are supported and their related risks simultaneously are managed has been the main challenge of governments and regulatory bodies. Regulatory sandbox is one of the solutions used to answer this main challenge. The Regulatory Sandbox is a secure mechanism in which fintech businesses have the possibility to operate under the supervision of the regulatory body to test their product in a limited market with few customers and without any worries of punishment in terms of non-compliance with some rules and regulations. In this paper, the concept, features, advantages and disadvantages of regulatory sandboxes are discussed with a descriptive and analytical method. Then, the measures have been taken in Iranian legal system to apply this regulatory solution are analyzed and suggestions for more effective implementation of this solution are presented.

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History

  • Receive Date: 29 August 2022
  • Revise Date: 04 March 2023
  • Accept Date: 08 February 2023

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