Navigating the 1033 Rule: Opportunities and Challenges

About Episode 17: Navigating the 1033 Rule: Opportunities and Challenges – Matt Faso, Trustly

In this podcast episode, Sarah Grotta and Matt Faso discuss the recently finalized 1033 rule, which focuses on open banking and data privacy in the U.S. They explore the origins of the rule, its core principles, and the changes from the proposed to the final version.

The conversation highlights the compliance timelines for financial institutions, the interplay between the 1033 rule and state privacy laws, and the requirements for data sharing among financial institutions and third parties. The episode emphasizes the importance of consumer choice and security in the evolving landscape of open banking.

In this conversation, Matt Faso discusses the complexities and implications of the new consumer data sharing rules set by the CFPB. He highlights the challenges consumers face with data reauthorization, the vagueness of the rules, and the compliance requirements for financial institutions and third parties. The conversation also touches on enforcement uncertainties and the potential for future expansions of the rule.

Takeaways:

• The 1033 rule is a significant step for open banking in the U.S.
• Consumers have the right to access and share their financial data.
• The rule aims to promote innovation and competition in banking.
• Data providers cannot charge for access to consumer data.
• The final rule provides more clarity on compliance timelines.
• There is a strong emphasis on consumer privacy protections.
• The rule encourages the use of secure APIs over screen scraping.
• Financial institutions must comply with both federal and state privacy laws.
• The anti-evasion rule could prevent data access barriers.
• The rule aims to make switching financial providers easier for consumers.
• Reauthorization of consumer data can lead to significant consumer harm.
• The CFPB’s vagueness in the rule creates uncertainty for stakeholders.
• Clarity on compliance timelines is essential for data recipients.
• Data providers can deny access if data recipients are non-compliant.
• The rule lacks specific monetary penalties for violations.
• Third parties must maintain robust data security policies.
• The rule supports the pay by bank model but has limitations.
• The CFPB aims for the rule to be a starting point for future developments.
• The political landscape may affect the enforcement of the rule.
• Future expansions of the rule are uncertain under the new administration.

Resources:

• Download a slide summary PDF provided by Matt Faso
• Learn more about Trustly