How RegTech tools can help alleviate the cost of regulatory uncertainty

(Credit: Unsplash)

This article is brought to you thanks to the collaboration of The European Sting with the World Economic Forum.

Author: Paul Klimos, Senior Associate, Orrick, Herrington & Sutcliffe LLP


  • Regulatory technology, or RegTech, has the potential to alleviate uncertainty when it comes to regulating emerging technologies.
  • Through the use of technologies, such as data analytics, artificial intelligence, machine learning and distributed ledgers or blockchain, RegTech can contribute to the simplification of regulation and the streamlining of compliance.
  • With constant and rapid cross-border technological advancement, RegTech could become a universal tool in the service of global, agile and harmonious regulatory frameworks.

Uncertainty can be more challenging than over-regulation and less effective than under-regulation. Due mainly to the absence, ambiguity or unpredictable enforcement of rules, the consequences of uncertainty are amplified when it comes to regulating cutting-edge emerging technologies.

Despite the fact that regulatory uncertainty can hinder innovation, policymakers may still decide to avoid enacting clear or strict regulatory frameworks during transition or ‘phase-in’ periods or to serve geopolitical or national security interests. Barring such exceptions, and to better foster innovation, it is crucial to strike a balance between the what, when, how and who of regulation. Today, regulatory technology, or RegTech, tools may be best positioned to help alleviate such uncertainty.

Understanding uncertainty

The absence of regulation does not only mean the inexistence of rules. It can also denote a lack of rules designed to apply to — and known to be enforced upon — a particular group of people or entities, geography, product, service or transaction. Otherwise, without sufficient clarity on applicable rules, it would be necessary for stakeholders to rely on self-regulation or seek regulatory arbitrage in service of, primarily, their own objectives.

With self-regulation, for instance, one could assume the application of a comparable set of existing rules, principles or values to an emerging technology while awaiting the initial stance of legislators and regulators. But, should self-regulatory frameworks be indicative of agility and adaptability, they are not guaranteed to match the eventual standpoint of rule-makers; those standpoints are often driven by overarching regulatory mandates and fluid policy considerations. Moreover, regulatory arbitrage, even if it’s within the boundaries of legality, can cross ethical lines or jeopardise geopolitical or national security interests.

And, rules that are ambiguous, contradictory or inconsistent can cause additional confusion as to their meaning and applicability. Difficult to interpret and implement, such rules could require investing substantial resources into the development and maintenance of short-lived and inefficient compliance frameworks. On top of that, confusing rules can be accompanied by arbitrary, sporadic and unpredictable enforcement, potentially instigating fear in innovators’ minds.

Therefore, to alleviate uncertainty and reduce undue variability, regulation should become anticipatory, dynamic and designed to facilitate interpretation and compliance by all stakeholders. That being said, which tools can help regulators advance regulation that is easy to interpret and implement and agile enough to efficiently face uncharted technological frontiers?

https://cdn.jwplayer.com/players/bgJqk28A-ncRE1zO6.html

Utilising RegTech

Paired with agile governance techniques, RegTech can contribute to the simplification of regulation and the streamlining of compliance through the use of technologies, such as data analytics, artificial intelligence, machine learning and distributed ledgers or blockchain.

An important aspect of RegTech solutions is the increased ability to collect, analyse and take action on a broader, deeper — and presumably timelier and more accurate — set of data. The US Securities and Exchange Commission, for example, recently turned its attention to the ramifications of ambiguity and the need to continuously adapt regulatory techniques in the face of evolving risks. It simultaneously emphasised the importance of improving information sharing through timely, full, fair and truthful disclosures which, in practice, would take the form of periodic, consistent, comparable and reliable decision-useful information. RegTech can also build on the aggregation and comparative analysis of regulatory data to simplify reporting obligations and increase the usefulness of reported information.

Discover

What is the World Economic Forum doing about digital trade?

What is the World Economic Forum doing about digital trade?

The Fourth Industrial Revolution – driven by rapid technological change and digitalization – has already had a profound impact on global trade, economic growth and social progress. Cross-border e-commerce has generated trillions of dollars in economic activity continues to accelerate and the ability of data to move across borders underpins new business models, boosting global GDP by 10% in the last decade alone.

The application of emerging technologies in trade looks to increase efficiency and inclusivity in global trade by enabling more small and medium enterprises (SMEs) to repeat its benefits and by closing the economic gap between developed and developing countries.

However, digital trade barriers including outdated regulations and fragmented governance of emerging technologies could potentially hamper these gains. We are leading the charge to apply 4IR technologies to make international trade more inclusive and efficient, ranging from enabling e-commerce and digital payments to designing norms and trade policies around emerging technologies (‘TradeTech’).

First, sharing and aggregating regulatory data among regulators — to the extent to which it is technically possible and legally permissible — could help identify emerging trends and predict issues that would not be apparent through traditional regulatory methods or standalone data sets. With more underlying regulatory data, RegTech can help enhance the comparative identification and ongoing assessment of short, mid or long-term risks across sectors, industries and technologies.

Second, the collective knowledge that results from tech-enabled data sharing can be a resource to various regulatory agencies within or across jurisdictions. It can promote a more informed and harmonious legislative and regulatory process across jurisdictions (intra-state, states with their federal government or internationally) and among regulators (cross-collaboration among regulatory agencies or between regulators and international organizations), paving the way for international standards and best practices.

In conclusion, RegTech appears to be critical to the responsible scaling of technology with regulation that is predictive, preemptive and dynamic. In today’s politically fragmented world with constant and rapid cross-border technological advancement, RegTech could become a universal tool in the service of global, agile and harmonious regulatory frameworks.


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© IOM/Haithm Abdulbaqi Young people in Yemen play football on a sandy pitch.

15 years of ‘almost no progress’ in getting young people moving: WHO

This article is published in association with United Nations. One in four adolescents worldwide reported not getting at least 60 minutes of physical activity on any day in the previous week, according to new global estimates released by the World Health Organization (WHO) on Wednesday. That amounts to some 240 million young people aged 11 […]
© UNICEF/Sultan Mahmu A mother and daughter wade through floodwaters in Feni, southeastern Bangladesh.

COP31 explained: What’s at stake at this year’s UN climate summit?

This article is published in association with United Nations. The world has more tools than ever to tackle climate change, yet millions remain unable to benefit from them. As clean energy technologies advance faster than ever, the challenge facing countries at COP31 is no longer just finding solutions – but making sure everyone can afford […]
© UNICEF/Christina Pashkina A school in Chuhuiv, Ukraine, lies in ruins after being hit by a missile.

Air raid alerts and attacks on schools: the devastating face of education in Ukraine

This article is published in association with United Nations. Ukraine has sustained almost 2,000 attacks on education since the full-scale Russian invasion in 2022, with some 270 this year alone, the UN Children’s Fund (UNICEF) said on Tuesday, a day after a strike at a school being used to distribute aid. Tweet URL Since the […]
© UNICEF/Oleksii Filippov People walk past a war-damaged building in Ukraine.

Ukraine: WFP provides hot meals to Oleshky evacuees as UN pushes to restore power before winter

This article is published in association with United Nations. The UN World Food Programme (WFP) is providing emergency food assistance to more than 400 people who were able to leave the Russian-occupied city of Oleshky, in Ukraine’s Kherson region, during a brief local ceasefire. Many arrived in worrying condition at medical facilities in Kyiv on […]

COP17: Nations chart ‘Yerevan Pathway’ to speed up action for nature

This article is published in association with United Nations. At the halfway mark to 2030, countries meeting in Armenia have agreed a roadmap to accelerate action for nature, after a global review found the world off track to meet its biodiversity targets. Agreement was formalised through the Yerevan Pathway as the UN Biodiversity Conference (COP17) […]
This article is published in association with United Nations.

AI is changing the way we think. The question is whether we’ll notice in time

This article is published in association with United Nations. Artificial intelligence promises to make life easier. With a few keystrokes, it can write emails, summarize reports, generate ideas and answer complex questions in seconds. For many people, it feels like a technological leap on par with the arrival of the internet itself. But according to […]
© NYCDDC Flood defences are built on the east side of Manhattan Island by the East River in New York City.

Higher Ground: How New York is raising a park to hold back the sea

This article is published in association with United Nations. On 29 October 2012, Hurricane Sandy slammed into New York City, unleashing a devastating storm surge that flooded homes, subways and tunnels, knocked out power and sparked deadly fires. In just 48 hours, 44 people were killed, nearly two million New Yorkers lost power, and 6,500 […]
This article is brought to you in association with the European Commission.

World News in Brief: ‘No safe place in Ukraine’, IAEA calls for Iran nuclear inspections, Kenya hosts thousands of Ethiopians fleeing clashes

This article is published in association with United Nations. The UN refugee agency (UNHCR) on Tuesday urged continued international support for Ukraine’s population as Russian airstrikes intensify and humanitarian needs grow in advance of another bitterly cold winter. The “relentless” attacks are targeting critical energy infrastructure, leaving millions without heat and electricity, and limited access to […]
This article is published in association with United Nations.

Four in five domestic workers lack formal job protections, UN finds

This article is published in association with United Nations. An estimated 66.5 million domestic workers – representing more than four out of five domestic workers worldwide – were informally employed in 2025, a new report by the UN’s labour organisation has found. This makes them more than twice as likely as other employees to lack […]
© WFP/Mohamed Hinnawi An elderly woman in Al Saraya, Gaza, looks after young children after losing three sons, her husband, and home during the war.

Gaza: Families brace for fourth winter in tents as aid operations remain stymied

This article is published in association with United Nations. Families in Gaza are bracing for a fourth winter in tents and makeshift shelters as UN aid operations face mounting obstacles, with transport suspended on Tuesday due to Israel’s closure of the key Kerem Shalom crossing for election day. The UN project services agency in the […]

West Bank: Hebron crackdown displaces thousands, Türk warns of ethnic cleansing

This article is published in association with United Nations. Israel’s “aggressive operation” in the West Bank city of Hebron raises serious concerns of ethnic cleansing, UN human rights chief Volker Türk warned on Monday, as the number of Palestinians forced from their homes passed 3,000 on the eve of Israeli elections. The UN aid coordination […]
© UNICEF/Rawan Eleyan A mother and her children go through their belongings after a room in their home was burned in a settler attack in southern Hebron, West Bank. (July 2025)

West Bank: Guterres alarmed as Israel imposes sweeping closures after deadly Hebron attack

This article is published in association with United Nations. The UN said on Friday it was “extremely alarmed” by intensifying violence in the occupied West Bank, as Israel moved to seal off the territory following a deadly attack on its soldiers in Hebron. Two Israeli soldiers were killed and at least five injured when gunmen […]
This article is published in association with United Nations.

‘Connect the dots’ between street protests and global turmoil, urges Guterres

This article is published in association with United Nations. The international community must combat inequality and stop wars from expanding to ensure a safer world for all, the UN Secretary-General said on Thursday. Speaking to reporters in New York ahead of a visit to Egypt, António Guterres addressed growing public discontent in Europe and beyond, […]
© SOS Méditerranée/Anthony Jean Up to $500 million was paid in migrant smuggling fees on sea routes to Europe in 2025, according to new UN estimates.

Migrants paid up to $500 million in smuggling fees on European sea routes

This article is published in association with United Nations. The price tag for smuggling on European sea routes reached up to half a billion dollars last year, the UN Office on Drugs and Crime (UNODC) and the UN migration office, IOM, reported on Wednesday. Key points Almost half of migrants trying to get smuggled into […]
The author of this article explored other courses in different fields, but it was in medicine that she found her place. From the beginning of her studies, Valéria discovered in medical practice more than just a career: she found her vocation when she realized that caring for others also gave meaning to her own life. Driven by a genuine desire to help, the student stood out as a Teaching Assistant in Public Health, strengthening her humanized perspective. Today, she is part of the coordinating board of IFMSA UNEX MED, working in the Human Rights and Peace (SCORP) area, where she transforms empathy into action and social commitment into real impact.

Global warming will breach 1.5°C – but deep, fast cuts can still bring it back

This article is published in association with United Nations. With global temperature rise set to exceed 1.5°C above pre-industrial levels, countries “must pull out all the stops” and urgently cut emissions to minimize the overshoot and return to the internationally agreed threshold by the end of this century. The recommendation comes in the Emissions Gap […]
© Agricultural Development Association – PARC A farmer in the West Bank harvest olives in October 2025. (file)

‘Season of fear’: Escalating Israeli attacks on West Bank olive farmers, deadly strikes on Gaza

This article is published in association with United Nations. Israeli attacks on war-torn Gaza over the weekend killed at least six Palestinians, including children, despite a year-old ceasefire agreement. Meanwhile, in the occupied West Bank, settler violence continued through the ongoing olive harvest, with UN independent experts on Monday urging Israel to protect Palestinian farmers. […]
This article is published in association with United Nations.

COP17: The world has a plan to save nature. Is it working?

This article is published in association with United Nations. The UN Secretary-General has called for an end to the “war on nature”. On Monday, governments gathering in Yerevan, Armenia, will have to confront a more practical question: are they doing enough to win the peace and put the world’s biodiversity goals back on track? COP17, […]
© WHO A large-scale combined missile and drone strike hit Kyiv's Solomianskyi district on August 20, 2026.

Ukraine: Critical health supplies destroyed in ongoing Russian attacks

This article is published in association with United Nations. Ongoing and deadly Russian attacks across Ukraine are causing serious healthcare disruption, with more than $1.5 million-worth of medicines and supplies destroyed in four separate strikes on warehouses used by the UN there since July. According to the World Health Organization (WHO), 21 warehouses have been […]
© UNICEF/Niccolò Corti A child sits alone, praying, at a reception centre for migrants in Lampedusa, Italy.

World News in Brief: West African migrant crossings, Argentina takes UK to maritime tribunal, farming in Gaza, mental health update

This article is published in association with United Nations. Fewer people from West Africa are reaching Europe by sea, but the journey has not become safer, the UN migration agency (IOM) said on Tuesday. Arrivals from Mali, Senegal, Guinea and The Gambia fell by 59 per cent in the first half of 2026 compared with […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com