Around the developing world, the use of mobile technology for financial services is skyrocketting. In Africa, the value of mobile money transactions has grown over <a href="https://qz.com/africa/1721818/africa-mobile-money-industry-is-entering-its-next-stage-of-growth/" target="_blank" rel="noopener noreferrer">890 percent since 2011</a>. App-based lenders in Kenya, Uganda, and elsewhere claim to leverage more than 10,000 data points as part of their <a href="https://www.mitpressjournals.org/doi/abs/10.1162/inov_a_00240" target="_blank" rel="noopener noreferrer">underwriting processes</a>, (though consumers are largely <a href="https://digital.hbs.edu/platform-digit/submission/tala-using-machine-learning-to-provide-access-to-credit-for-the-worlds-unbanked/" target="_blank" rel="noopener noreferrer">unaware of what data is being collected</a> from them). In Myanmar, where 20 years ago SIM cards cost $5,000, today, more than 75 percent of the population own (mostly) smartphones, and mobile money provider <a href="https://www.wavemoney.com.mm/wp-content/uploads/htd_Wave-Money-cements-mobile-money-leadership-with-stellar-2019-results-_FINAL.pdf" target="_blank" rel="noopener noreferrer">WAVE Money</a> has reached more than <a href="https://medium.com/@geoffcharles/from-zero-to-40-million-the-rise-of-digital-payments-in-myanmar-2499b488f871" target="_blank" rel="noopener noreferrer">17 million unique users</a>.

Consumers have had to adjust rapidly. For many, their first experience with financial services asks them to contend with new digital interfaces, complex products, nefariously creative forms of fraud, and detailed regulations with rights and responsibilities they <a href="https://gdpr-info.eu/" target="_blank" rel="noopener noreferrer">may not understand</a>.

This is not just a developing-world issue, of course. Carnegie Mellon researchers found that it would take the average American more than 76 working days annually to <a href="https://techland.time.com/2012/03/06/youd-need-76-work-days-to-read-all-your-privacy-policies-each-year/" target="_blank" rel="noopener noreferrer">fully read the privacy policies</a> they encountered on the internet. Underserved customers also often do not have actual people to engage with on <a href="https://customersguide.cgap.org/sites/customersguide.cgap.org/files/resource/2018/07/CGAP-Voice-of-Customer-Toolkit.pdf" target="_blank" rel="noopener noreferrer">questions, complaints, or feedback</a>.

This context served as the backdrop for CFI, in partnership with the Mastercard Foundation, to build and test a toolbox of consumer engagement channels to surface challenges clients face as financial services go digital. From <a href="https://centerforfinancialinclusion.org/clients-deserve-to-know-using-radio-to-educate-and-empower-consumers-in-africa/" target="_blank" rel="noopener noreferrer">radio campaigns</a> and client surveys to digital recourse channels for regulators and industry associations, these projects provided a set of valuable lessons about the increasing complexity of the sector and steps we must take to protect the well-being of customers. As the Smart Campaign winds down, CFI is reflecting on these lessons to inform the next stage of our consumer protection agenda.
<h2>Tailor Your Tools to Clients, Then Tailor Them Again</h2>
When done well, digital interactions with customers – whether it be financial products or surveys or other forms of communication – can provide immense value to both customers and providers. We learned from clients about the critical importance of being customer-centric in the design of these interactions. Investing in design upfront leads to better outcomes for all stakeholders, but most importantly, it can protect customers from negative consequences.

In our <a href="https://centerforfinancialinclusion.org/client-voices-rwandans-speak-on-digital-financial-services/" target="_blank" rel="noopener noreferrer">client survey on mobile money in Rwanda</a>, while most people reported that mobile money interfaces are easy to use, they worry that it’s also easy to make a mistake. Sixty-nine percent of clients believed it was easy to make a mistake and 17 percent have made an error. One issue is language: clients may select the wrong default language to begin with (English instead of Kinyarwanda, in our research in Rwanda, for instance), or even after selecting Kinyarwanda find that the language switches unexpectedly. Fear of making a mistake might be a disincentive for some users to engage with digital products, or worse, actually making a mistake could result in loss of funds or instances of fraud.

CFI also worked with three FSPs and the <a href="https://cma-network.org/" target="_blank" rel="noopener noreferrer">Cambodia Microfinance Association</a> to design and implement a survey, using the interactive voice response (IVR) method, with the goal of hearing directly from clients about the FSPs’ client protection practices. From the outset, we knew that precision in the survey’s language would be integral for the project’s success. But even with this expectation, we were surprised by how much it took to get it right. As my colleagues <a href="https://centerforfinancialinclusion.org/amplifying-client-voices-using-interactive-voice-response-ivr-technology-insights-from-cambodia/" target="_blank" rel="noopener noreferrer">pointed out in a CFI blog post</a>, pre-launch testing showed that while the Khmer jargon used in the survey was well-understood among microfinance staff, clients would either ask for help or skip questions altogether. Moreover, my colleagues observed that intonation and speech tempo of the voice talent behind the IVR recording made a significant difference in respondents’ successful completion of the survey. Seemingly small details such as this can easily prevent a project from achieving the intended results, further emphasizing the importance of upfront product design and testing with clients (not just MFI staff) before roll out.

In our <a href="https://www.centerforfinancialinclusion.org/clients-deserve-to-know-using-radio-to-educate-and-empower-consumers-in-africa#ghana:-you-deserve-to-know-campaign" target="_blank" rel="noopener noreferrer">Ghanaian radio campaign</a>, we partnered with local designers to create posters and animated videos to promote the broadcasts. For example, for the themes of fraud and privacy, we had a cartoon in Twi, the language spoken by over 10 million Ghanaians, depicting what happens when a family is called by a scammer (the family figures it out before they lose any money, fortunately). Our approach initially was to create purely educational social media content to drive listenernship, but we found more success with an edutainment approach, with the lively cartoons amplified by paid advertisting on Twitter and Facebook. In this case, it was important for the team to quickly learn from consumers what resonated and lean into that approach rather than simply stick with the original plan.
<h2>Fraud’s Digital Inroads</h2>
Financial fraud is <a href="https://www.cbsnews.com/media/top-14-financial-frauds-of-all-time/" target="_blank" rel="noopener noreferrer">nothing new</a>, but there are characteristics unique to digital finance that give it renewed virulence. These include less face-to face interaction between consumers and providers, a larger burden on clients to conduct transactions independently, and a wider network of entry points for fraudsters to gain access to clients’ data and scale their schemes.

Indeed, fraud was top of mind among partners and consumers in all of the markets where we implemented projects. In Rwanda, 39 percent of the clients surveyed perceived mobile money fraud to be a big problem and 10 percent reported being defrauded themselves. These frauds resulted in real financial harm for individuals, and we were troubled by how few were able to report it to authorities. One victim reported that the perpetrator claimed to be part of the Girinka “One Cow Per Poor Family” program and even invoked the involvement of Jeannette Kagame, First Lady of Rwanda, to gain the client’s trust.

In Uganda we heard of schemes including PIN fraud and false text messages stating users won a competition and would need to send a fee to claim a prize. Through a mix of dramatic storytelling, local reporting, expert interviews and social media public service announcements (PSAs), our three radio campaigns tried to impart on listeners how to distinguish fraudulent institutions from real ones and how to recognize mobile money scams.

The pervasiveness of fraud (especially digital) highlights real gaps in client capability. Schemes show that clients need a greater understanding of privacy risks and continued awareness campaigns about how to protect themselves as fraudsters evolve their tactics. We also found the burden of reporting fraud needs to be reduced to meet the constraints of this lower-income segment since opportuntiy costs for this group are steep.
<blockquote>Leveraging technology for consumer protection has great potential to meet consumer protection challenges.</blockquote>
Leveraging technology for consumer protection has great potential to meet these challenges, with, for example, chatbot-powered complaints management system. In this <a href="https://www.r2accelerator.org/chatbot-prototype-1" target="_blank" rel="noopener noreferrer">use case</a>, which has already been tested in markets like the Philippines, all actors could benefit - from the central bank to financial service providers to the consumers. Access to new quantitative and qualitative information can enable regulators to better understand customer experiences and more easily detect fraud in the market. We are eager to identify, test, and document more use cases around the use of technology to improve market monitoring and consumer protection.
<h2>Empowerment Comes from Long-Term Client Engagement</h2>
While we are excited by what CFI accomplished with the radio campaigns, we know that the length of the interventions, which ranged from six to 13 weeks, were likely not enough to catalyze long-term behavior change. However, we designed the radio campaigns with partners whom we hoped could continue to distribute and air the episodes and media content. In both Uganda and Ghana, government entities expressed interest in continuing to run the content. In Benin, we used a decentralized approach of training 19 radio journalists on the key client protection market issues, then managed a competition to see who could create the best educational content. The journalist competition allowed us to multiply our outreach efforts in a cost-effective, sustainable way.

With the Client Voices research, we worked closely with the National Bank of Rwanda (BNR) research unit in the hopes of embedding data collection as a regular occurance and not a one off, which they are currently exploring, though at a smaller scale. In Cambodia, the objective for the IVR was to pilot an effective tool for MFIs and others to take the pulse of their clients on an ongoing basis. Over the course of the project, we recognized that providing such feedback can have significant (and in our case unanticipated) cost implications for low-income households. For this reason, we had to reexamine the programing of the platform so that clients would not incur any charges for airtime used when they called in to complete the survey.
<h2>Looking Ahead: CFI Strategy &amp; Impact</h2>
CFI’s experience with client engagement under the Smart Campaign yielded several valuable lessons. First, engaging clients in the design and testing of any digital tool is essential to ensuring that the product features and safeguards work for them. Client engagement also helps providers prioritize what’s most helpful and rout out anything harmful, ideally in the design stage before any harm actually occurs. Second, direct client feedback should not be considered a one-time occurance during product design. Ongoing engagement can provide valuable lessons and ensure that client needs are being met. Finally, digitization has introduced an era of rapid change, made only more extreme by the impacts of the COVID-19 pandemic. We must be poised to listen to clients, and quickly adapt as needed to fulfill our commitment to the <a href="https://centerforfinancialinclusion.org/about/what-we-do/consumer-protection/" target="_blank" rel="noopener noreferrer">Client Protection Principles</a>.
<blockquote>CFI is incorporating these lessons across our work as we seek to understand the impact of COVID-19 on low-income customers.</blockquote>
CFI is incorporating these lessons across our work as we seek to understand the impact of COVID-19 on low-income customers. For example, we launched a series of policy papers examining policy measures to mitigate the impact of COVID-19 and understanding their impact on low-income customers. We are also collecting data on the impact of COVID-19 on MSMEs to help inform providers, investors, and policymakers about the depth and breadth of the impact on low-income customers. As the world faces unprecented times in the wake of COVID-19, we will continue to listen to customers and adapt our work. The customer voice — and engaging them at every step — is crucial for advancing financial inclusion, perhaps now more than ever.

<em>We’d like to thank the <a href="https://mastercardfdn.org/" target="_blank" rel="noopener noreferrer">Mastercard Foundation</a> for partnering with us on this journey.</em>

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Making Digitization Work for Clients Starts With Client Engagement

Mastercard Foundation

Benin

Sub-Saharan Africa

Cambodia

East Asia and Pacific

Ghana

Myanmar

Uganda

Reflecting on the Smart Campaign: Lessons Learned

Client Treatment

Consumer Protection

Complaint Resolution

Responsible Digital Finance

Blog Post

When CFI <a href="https://content.centerforfinancialinclusion.org/wp-content/uploads/sites/2/2019/09/Ten-Years-of-Keeping-Clients-First-Final.pdf" target="_blank" rel="noopener noreferrer">launched</a> the Smart Campaign in 2009, global financial upheaval had revealed huge cracks in financial consumer protections around the world, including <a href="https://www.centerforfinancialinclusion.org/2009-microfinance-banana-skins-report" target="_blank" rel="noopener noreferrer">new challenges</a> for the inclusive finance sector. A lack of comprehensive consumer protection regulation covering microfinance institutions across the globe put vulnerable clients at risk. The industry faced inconsistent regulations at the country level and did not have a globally accepted framework describing appropriate consumer protection from the provider perspective. Steeped in an <a href="https://www.huffpost.com/entry/on-microfinance-whos-to-b_b_777911" target="_blank" rel="noopener noreferrer">over-indebtedness crisis</a> that threatened both the operations and reputations of microfinance institutions, the industry had an imperative to accelerate and amplify its individual consumer protection actions.

The <a href="https://centerforfinancialinclusion.org/about/what-we-do/consumer-protection/" target="_blank" rel="noopener noreferrer">Client Protection Principles</a> emerged as a shared set of responsible financial inclusion guidelines that would become the bedrock of the Client Protection Standards and <a href="https://centerforfinancialinclusion.org/about/what-we-do/certified-organizations/" target="_blank" rel="noopener noreferrer">Smart Certification</a>, and the infrastructure needed to support the implementation of good consumer protection practices: technical know-how through a community of experts and tools, access to funding through support facilities, and evaluations and capacity building for both providers and regulators. Since 2013, when CFI began certifying financial service providers (FSPs) that met adequate standards in their treatment of clients, 135 institutions in over 40 countries have earned Smart Certification, collectively serving over 62 million people. We also conducted over 120 trainings and 300 assessments, produced hundreds of tools for FSPs, and hosted convenings for thousands of financial inclusion professionals around the world, all part of a <a href="https://content.centerforfinancialinclusion.org/wp-content/uploads/sites/2/2019/09/Ten-Years-of-Keeping-Clients-First-Final.pdf" target="_blank" rel="noopener noreferrer">multi-pronged strategy</a> to raise awareness about the importance of consumer protection and improve providers’ practices.
<blockquote>Smart Certification has been awarded to 135 institutions serving 62 million people in 40 countries.</blockquote>
A cohesive landscape of investors and providers facilitated collaboration, enabled the uptake of certification, and created conditions in which clients could better access a range of financial services with confidence. Providers were <a href="http://smartcampaign.org/tools-a-resources/1172-consumer-protection-resource-kit" target="_blank" rel="noopener noreferrer">motivated</a> to undergo evaluations and seek certification in order to differentiate themselves as responsible actors, strengthen internal processes, attract investors, and improve relationships with regulators. <a href="https://responsiblefinanceforum.org/investor-guidelines/" target="_blank" rel="noopener noreferrer">Investors</a> adopted components of the standards into their due diligence and social impact assessments. Regulators have relied on our <a href="https://blogs.worldbank.org/psd/model-law-best-practice-financial-consumer-protection-important-driver-universal-financial-access" target="_blank" rel="noopener noreferrer">Model Legal Framework</a> (now known as the <a href="https://centerforfinancialinclusion.org/handbook-on-consumer-protection-for-inclusive-finance/" target="_blank" rel="noopener noreferrer">Handbook on Consumer Protection for Inclusive Finance</a>), which was recently updated for digital financial services. Regulators also used CFI’s <a href="https://centerforfinancialinclusion.org/client-protection-in-peru/" target="_blank" rel="noopener noreferrer">research</a> to design policies that balance client risk and market sustainability while taking the voices of both providers and clients into account. (For more resources and past consumer protection knowledge products, visit the Smart Campaign <a href="https://centerforfinancialinclusion.org/about/what-we-do/the-smart-campaign/" target="_blank" rel="noopener noreferrer">project page</a> on the CFI website.)
<h2>Changing Times Raise New Concerns for Client Protection</h2>
New actors, fintechs, and their investors are launching ventures aimed at serving unbanked and underbanked customers, hoping to use technology to scale their offerings beyond the reach of physical branches. Fintechs have entered the ecosystem at a rapid rate, particularly in growing markets, such as <a href="http://www.nairobibusinessmonthly.com/impact-of-fintech-on-kenyas-financial-services-industry/" target="_blank" rel="noopener noreferrer">Kenya</a> and <a href="https://www.techinasia.com/talk/state-fintech-cambodia" target="_blank" rel="noopener noreferrer">Cambodia</a>. Some of these companies have emerged under a loose banner of “inclusive fintech,” but many new entrants have different motivations and experiences than the providers that have traditionally sought to provide financial services to low-income customers. Fintechs that aim to serve this vulnerable segment may have good intentions, but many are also driven by different forces, including pressure to scale quickly in competitive markets, and commercial investors that are motivated more by returns than by development goals. As financial inclusion slogans increasingly appear in the <a href="https://www.bloomberg.com/news/features/2020-02-12/tech-startups-are-flooding-kenya-with-apps-offering-high-interest-loans" target="_blank" rel="noopener noreferrer">lexicons of fintechs</a>, these companies are largely unaccountable for their claims and, as non-bank entities, do not fall under existing consumer protection regulations.

Of course, many fintechs have genuine ambitions to advance inclusive finance and want to do everything in their power to prevent harm to their clients. Yet they face limits in what they can control due to fragmentation of the financial product delivery value chain. For instance, one credit product might involve an array of different companies: one that designs the credit model, another company contracted for collections, a bank that provides the capital, and the mobile network operator (MNO) that controls the digital rails. Because of this fragmentation, FSPs can find themselves as deal takers with limited influence over the practices of some partners.
<blockquote>Fintechs face limits in what they can control due to value chain fragmentation.</blockquote>
The new landscape compounds the challenges faced by regulators to improve consumer protection measures. Consumer protection is higher on the agenda than ever, as evidenced by findings of the annual <a href="https://centerforfinancialinclusion.org/global-microscope-2019/" target="_blank" rel="noopener noreferrer">Global Microscope</a>, an index that assesses the enabling environment for financial access in 55 countries across the globe, and the agenda set by the <a href="https://www.afi-global.org/" target="_blank" rel="noopener noreferrer">Alliance for Financial Inclusion</a> (AFI). Nonetheless, the progress that many countries have made to bolster consumer protection regulations and enforcement does not apply to new digital business models – either because these non-bank, non-microfinance entities fall outside current frameworks or because regulation has not yet addressed risks unique to digital financial services.
<h2>Building a Responsible Digital Ecosystem</h2>
As the inclusive finance ecosystem fragments and becomes more complex, CFI will shift its approach from codes of conduct and provider certification to focus on regulation, market conduct, and consumer research. With the <a href="https://centerforfinancialinclusion.org/cfi-celebrates-smart-campaigns-advancement-of-consumer-protection-announces-plans-to-transition-resources-to-industry-partners/" target="_blank" rel="noopener noreferrer">closure of the Smart Campaign</a>, our partners, SPTF and CERISE, will manage the Client Protection Standards going forward as a part of the Universal Standards for Social Performance. CFI will continue to manage the Client Protection Principles, which we believe can form the base of a shared language to understand consumer risks across the range of inclusive finance providers. CFI will continue to collaborate by engaging in research and learning that can be translated by our partners into practical tools for FSPs.
<blockquote>CFI will continue to collaborate by engaging in research and learning that can be translated into practical tools for FSPs.</blockquote>
To begin addressing the digitalization of financial services for the poor and the increasing complexity of the sector, CFI conducted <a href="https://centerforfinancialinclusion.org/a-framework-for-responsible-digital-credit/" target="_blank" rel="noopener noreferrer">research on digital credit</a> (including the <a href="https://centerforfinancialinclusion.org/client-protection-standards-for-digital-credit/" target="_blank" rel="noopener noreferrer">Client Protection Standards for Digital Credit</a>) to provide digital lenders with a shared set of criteria to assess their practices. CFI convened researchers, investors, and providers to discuss and debate good practices. These consultations revealed the following lessons:
<ul>
 	<li><strong>The relative importance of the Client Protection Principles are shifting in a digital world. </strong>Principle Six (Privacy of Client Data) has become a key consideration, while Principle Five (Fair and Respectful Treatment of Clients) may look vastly different when a business model leans toward tech over touch.</li>
 	<li><strong>Protection by design better aligns with fintech's faster product development and deployment cycles</strong>. Previously, the CPPs looked at established products and institutions, but the pace at which fintech products are brought to market and refined based on customer use shifts attention to the product development cycle as a crucial opportunity to embed client protection.</li>
 	<li><strong>Consumer protection needs an awareness boost</strong>. The Smart Campaign put consumer protection on the radar of FSPs by raising awareness of unintended consequences and convening stakeholders to identify practical solutions. It’s time to open this conversation to new investors and providers that are concerned about alarming trends in markets like <a href="https://centerforfinancialinclusion.org/red-flags-in-kenyas-nano-credit-market/" target="_blank" rel="noopener noreferrer">Kenya</a>, for example, to raise awareness again. In a rapidly evolving digital financial system, it is more important than ever to anticipate, understand, and catalog risks to consumers -- activities that will form the basis of CFI’s consumer protection agenda going forward.</li>
</ul>
<em>We’d like to thank the <a href="https://mastercardfdn.org/">Mastercard Foundation</a> for partnering with us on this journey.</em>

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FSPs Adopt Client Protection: A Look Back, A Look Ahead

Smart Certification

On the second day my son’s preschool was closed in Rome due to the coronavirus, a <a href="https://www.reuters.com/article/us-health-coronavirus-fed-dollars/fed-quarantines-us-dollars-repatriated-from-asia-on-coronavirus-caution-idUSKBN20T1YT">headline</a> out of the U.S. caught my eye: “Fed quarantines U.S. dollars repatriated from Asia on coronavirus caution.” I imagined a huge cartoon stack of dollar bills with face masks on, languishing inside a bank vault. My second reaction was to realize the profound implications the coronavirus would have for the use of cash and the many millions who rely on the cash-based economy.

While there is fear over cash as a vector of COVID-19, and while some viruses can indeed survive for hours or days on banknotes and coins, public health officials and scientists believe that cash itself is less likely a source of transmission compared to other surfaces we come into contact regularly, like POS devices or ATM pin pads. In fact, the Bank of International Settlements <a href="https://www.bis.org/publ/bisbull03.pdf">recently noted</a> that there have been no known cases of COVID-19 spreading via cash or coins.

However, wrapped up in this concern is the context that cash-based transactions occur in-person and in close physical proximity, and the reality that person-to-person is the primary transmission channel for COVID-19. As a result, many governments, multilateral organizations and private-sector players are calling for and actively incentivizing an expedited pace of digitization for their economies and payment ecosystems.

In Kenya, for instance, the <a href="https://www.centralbank.go.ke/uploads/press_releases/2125980791_Press Release - Emergency Measures to Facilitate Mobile Money Transactions.pdf">Central Bank</a> rapidly issued new rules for mobile money such as removing fees for small-value transactions, increasing transaction limits, increasing mobile money wallet limits and removing transfer charges between bank accounts and mobile wallets. The Bank of Ghana (BoG) recently loosened know your customer (KYC) restrictions for mobile subscribers to <a href="https://www.weforum.org/agenda/2020/04/coronavirus-set-to-spur-mobile-money-growth-in-w-africa">open a mobile wallet and transfer up to 1000 cedis</a> (around $170).

There is proven potential for digital finance – both in the immediate management of the COVID-19 pandemic, and in the <a href="https://science.sciencemag.org/content/354/6317/1288">longer run</a>. In times of crisis when temporary employment is required by the government, the rapid digitization of wages can be a health and economic boon. The Better Than Cash Alliance conducted a study on the use of digital payments to pay the wages of health workers fighting the Ebola outreach in Sierra Leone. They found that the <a href="https://www.betterthancash.org/news/blogs-stories/putting-digital-payments-to-work-in-the-time-of-covid-19">efficiency and timeliness of digital wages saved the loss of 800 working days of health workers</a>, which surely saved lives. And impressively, the Sierra Leone government digitized the wages of 30,000 health workers in two weeks! And cash transfers by governments or other actors, a literal lifeline during a pandemic where income has dried up, are made <a href="https://blogs.worldbank.org/voices/responding-crisis-digital-payments-social-protection-short-term-measures-long-term-benefits">infinitely easier through digital channels</a>.
<blockquote>It's not hard to imagine governments pushing for rapid digitization to protect their populations from illness and create apertures for economic activity.</blockquote>
So should we prepare ourselves for an inevitable, even faster stampede towards digital finance? It is not hard to imagine governments pushing for rapid digitization with the good intentions of both protecting their populations from illness and creating (much needed) apertures for economic activity.
<h2>Keeping the Consumer in Mind</h2>
But we must keep in mind the consumer. For CFI, our focus is squarely on the vulnerable at the bottom of the pyramid.

And we have a few concerns. Hastily planned, rushed edicts to digitize will harm the poor. In November 2016, the government of India surprised the world by announcing the immediate invalidation of Rs 500 and Rs 1000 notes, ostensibly to curb corruption and push for digitization. The aftermath was bedlam: the country’s <a href="https://www.vice.com/en_ca/article/a3j5ng/india-discontinued-86-percent-of-its-circulated-currency-and-the-poor-are-in-crisis">200-plus million farmers were unable to buy seeds</a> and other inputs, businesses sputtered through shocks in revenue, the rural poor traveled miles (at the cost of their daily wages) to wait on interminably long lines to exchange their bank notes, while better off citizens would hire someone to stand in line for them through a service called Book My Chotu. And one year out, while digital transactions did <a href="https://www.weforum.org/agenda/2017/11/a-year-after-india-killed-cash-heres-what-we-can-learn">rise</a> immediately after demonetization, growth slowed each subsequent month. This is not to say that rapid onboarding is impossible – see the Sierra Leone example – but rushed, fear-based policies are ill-advised and will do more harm than good.

Digital natives take for granted their comfort level in the shape shifting world of two-factor authentications, interfaces and apps (and more apps). While the march towards mobile money and digital finance has been steady, a stampede would leave many digital immigrants behind. Here in Italy, where our family has been living for nearly three years, we’ve read that many schools have struggled to transition online during the crisis. As <a href="https://www.newyorker.com/news/dispatch/what-italians-have-learned-from-the-coronavirus">noted</a> by an Italian journalist, “The reason for the delay is absurdly simple: many Italian teachers, and most principals, are old and never learned to use a computer properly, thinking that it would never become necessary.”
<blockquote>While the march towards mobile money and digital finance has been steady, a stampede would leave many digital immigrants behind.</blockquote>
Similarly, in a rush to digitize, we must be careful not to perpetuate a new kind of financial exclusion. Many rural villages have weak foundations to support robust digital finance, more than 1 billion people cannot read, write or understand the long number strings necessary to <a href="https://nextbillion.net/the-clear-blue-water-on-the-other-side-of-the-digital-divide/">transact on mobile phones</a>, and while more have smartphones, the devices and data plans are <a href="https://www.centerforfinancialinclusion.org/technology-inequality-opportunities-and-challenges-for-mobile-financial-services">still not affordable</a> to many low-income segments. As they seek to push for digitization, policymakers should have a comprehensive sense of their country’s “<a href="https://www.cariboudigital.net/wp-content/uploads/2019/01/Paying-Attention-to-the-Poor.pdf">digital repertoire</a>”, an approach which includes the network available, the capacity of devices being used, the market’s digital services, and the digital capability of individuals.
<blockquote>Policymakers should have a comprehensive sense of their country’s “digital repertoire.”</blockquote>
A related concern is fraud and scams in an environment where a pandemic is weighing on everyone’s minds, especially for digital immigrants. David Medine at CGAP has documented some of the <a href="http://cgap.org/blog/financial-scams-rise-coronavirus-hits-developing-countries?utm_source=ENGLISH_+Weekly_Update_%232_Apr_10_2020&amp;utm_campaign=English+COVID+Weekly+Update+%232&amp;utm_medium=email">abhorrent COVID-19 related scams</a>, both analog and digital, from fake emails from the WHO or CDC peddling treatments, to messages/calls from scammers pretending they are with a friend/family member at a hospital in need of payment. Beyond the immediate health crisis and the fears that scammers feed off, digital finance has a fraud and a fraud redress problem. At CFI, we are especially attuned to this, having done <a href="https://centerforfinancialinclusion.org/client-voices-rwandans-speak-on-digital-financial-services/" target="_blank" rel="noopener noreferrer">demand-side research in Rwanda</a> as well as anti-fraud educational campaigns via radio. We’ve learned how difficult it is for victims to report fraud and recover their balances.

These considerations are not to discredit digital finance as one of the most viable solutions for the near-term needs brought about by COVID-19, as well as long-term financial inclusion goals. Many of these issues have been raised for years in the broader context of responsible digital finance – but they take on added urgency in an environment where policies are being designed and rolled out quickly. Governments and stakeholders around the world can and must meet the moment through careful planning and communication, robust monitoring and feedback loops, picking the right experts and partners, and most of all, keeping the most vulnerable users in mind.

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A COVID Digitization Stampede Mustn’t Trample Consumer Protection

Test of a Lifetime: COVID-19 and Financial Inclusion

Challenges and Crises

Enabling Environment

CFI has begun the new year with many developments and shifts in our agenda. We have been working hard behind the scenes to position our strategy where inclusive finance can have an important role on issues that are most pressing for the lives of the poor. As we have been undertaking this strategy refresh – looking both internally and externally to identify what is critical for the inclusive finance field – we have identified several important areas of focus. At this juncture, we would like to share how our thinking is evolving with regard to our role and future focus priorities.
<h2><strong>First, we want to use this opportunity to relay our continued commitment to improved consumer protections for people at the base of the pyramid.</strong></h2>
CFI has been supporting the Smart Campaign for more than 10 years. This initiative has had many achievements, most notably, its role in defining a set of standards, the Client Protection Principles, which guide how providers adapt their internal practices and how regulators should think about consumer protection regulation and the tools they use to monitor market conduct. We expect to continue to evolve CFI’s work on consumer protection by expanding our research and analysis of how the digital economy is presenting new risks for consumers. We also plan on expanding our work with regulators on both regulation and market conduct.
<blockquote>Consumer protection in the digital economy will be a focus area for CFI research and analysis.</blockquote>
We anticipate Smart Campaign’s role will be that of an industry initiative: it will continue to be supported by the many actors that are part of that community. CFI’s role in the Campaign will be discussed in an upcoming steering committee meeting and will align with CFI’s broader strategic shifts.
<h2><strong>Second, we want to double-down on our advocacy role in protecting and empowering customers.</strong></h2>
We believe there are few organizations in the inclusive finance field that truly prioritize the customer voice and perspectives. Our role is doing just that. Over the years we have used many tools to listen to customers and have used these listening exercises to inform our policy recommendations and our consumer protection standards, and we want to continue to do this. In 2019, we published the Client Voice Rwanda which used surveys and focus groups to better understand Rwandans experiences with mobile money, and our ongoing work in Cambodia is testing IVR technology as a means of collecting client feedback. And we have tested many ways to share information with customers to improve their ability to make informed decisions. In the past year, we ran consumer awareness campaigns in Ghana, Benin, and Uganda using different engagement techniques, such as social media videos, radio dramas and interviews, and journalist competitions, to inform consumers about their rights and responsibilities when accessing financial services.
<h2><strong>Third, we want to elevate the work that will be most impactful on the poor: financial services that help the poor deal with and adapt to climate change, gender inequality, and data opportunities and risks.</strong></h2>
This shift does not mean we stop working with providers or on important market infrastructure issues. It means that given resource limitations, each institution that is focusing on inclusive finance needs to ensure that its focus areas have a direct line of sight on how this work will lead to improved outcomes for the poor. For CFI, we have identified three key areas of focus that we will add to our agenda to help us have a more impactful influence toward improved customer outcomes. These areas are doing additional research on how financial services can both reduce risks and help customers adapt to the reality of climate change, doing additional research and experimentation on how to address the remaining policy and norms barriers that impede progress on women’s participation in the formal financial system, and better understanding the risks and opportunities that the new digital economy and the use of data pose for customers and identifying innovative solutions for managing those risks through regulation, data practices by providers, and industry wide solutions.
<h2><strong>Finally, we want to refine our influence model to improve our impact.</strong></h2>
As an independent global think tank housed at Accion, we know we must continue to partner to have leverage. We want to continue to build partnerships with like-minded organizations to test new ideas, conduct research, share and advocate. As in the past, we strongly believe that collaboration is the key to improving our impact, and we will continue to work together to scale our learnings.
<blockquote>I am excited to see the opportunities that lay ahead for CFI and inclusive finance.</blockquote>
After a few months on the job, I am excited to see the opportunities that lay ahead for CFI and for the inclusive finance field and hope that you will be a part of this journey.

New Decade, New Focus Areas: CFI's Role in an Evolving Space

Rwanda

Underserved Groups

Women

Recent research on the <a href="https://www.centerforfinancialinclusion.org/making-digital-credit-truly-responsible">state of the digital consumer credit market in Kenya</a> has documented breakneck growth in mobile lenders and alarming levels of defaults and delinquency. These findings, coupled with <a href="https://www.bloomberg.com/news/features/2020-02-12/tech-startups-are-flooding-kenya-with-apps-offering-high-interest-loans">anecdotal reports</a> of aggressive sales tactics, abusive debt collections, and unacceptable levels of debt stress, raise an enormous red flag regarding digital consumer credit’s potential for financial inclusion.

The promise of digital credit is to make people with no documented financial history visible to the formal financial system, helping low-income people gain access to loans and other financial products. Microcredit started out with a similar promise to help people move out of poverty, but the microfinance industry learned the hard way that good intentions are insufficient. After microcredit-fueled, <a href="https://www.cgap.org/sites/default/files/CGAP-Focus-Note-Growth-and-Vulnerabilities-in-Microfinance-Feb-2010.pdf">overindebtedness crises</a> spiraled out of control, the industry introduced protective measures and formal regulation followed in many countries. The red flags appearing in Kenya’s digital credit market are familiar, but a host of new players beyond traditional banks and microfinance providers may not recognize the signs of a looming crisis.
<h2>New Entrants, New Credit Models</h2>
New tech players are flooding into markets like Kenya to offer scalable models for faster and more accurate loan products backed by big data. Mobile app-based lenders use nontraditional data to provide near-instant credit decisions for loans ranging from the equivalent of $5 to $100. The algorithms at the core of these products rely on unverified, self-reported user information and data scraped from users’ mobile phones, including call logs, contacts, location, social media activity, and text messages. An inherent flaw in these models is that they are built on data reflecting a consumer’s willingness to repay rather than their ability to repay. This is a crucial distinction representing the difference between a client that is willing to skip meals or borrow from other lenders to repay the original loan and a client that can afford the loan without experiencing such debt stress. Repayment rates may appear acceptable, but this flaw in the model masks a brewing overindebtedness crisis as repayment rates don’t account for loan stacking or abusive debt collection practices.

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It’s Time to Protect Kenyans from a Digital Lending Laboratory

Kenya

Over-indebtedness

Last year was a huge milestone in my life. I got a scholarship to study at a prestigious graduate school in the U.S. I earned a promotion from a big four consulting firm in my home country. I felt like nothing could stop me.

Although I’m equipped with skills and knowledge to determine my financial future and work in the financial services field, my spouse managed our finances. We used a single credit card to make household purchases even though I participated in making payments on it. I had an excellent credit in my home country, but delayed establishing my own credit line in the U.S. because it was convenient to use a single credit card with a better APR. When my spouse and I decided to part ways, I realized that I underestimated the impact of not having a credit history in the U.S., so I had no access to affordable credit.

“We absorb a way of perceiving the world from parents and neighbors. We mimic the behavior around us. Only at the end of the process is there self-conscious oversight,” wrote David Brooks in a 2008 New York Times <a href="https://www.nytimes.com/2008/07/22/opinion/22brooks.html">opinion</a> piece. This was the case for me – and likely is for many immigrant women of different cultures – when it came to management of household economics. Contrary to the teachings of my debt-averse and underleveraged family back home, the “pursuit of happiness” in the U.S. is usually linked to one’s ability to borrow to pay for <a href="https://www.cnn.com/2019/04/02/health/health-care-costs-borrowing/index.html">healthcare</a>, education, a mortgage, or building a business. When the system doesn’t “trust” you, rebuilding a life isn’t easy.

So I went back to square one in this new country. It’s not hard to imagine that the impact would've been more dramatic if I had limited financial literacy, education or resources.
<h2>Is Trusting the “Credit Invisible” Possible? Enter Alternative Data.</h2>
The traditional credit scoring system excludes 26 million consumers with non-existent or short credit histories in the U.S. The <a href="https://www.americanbanker.com/news/fintechs-find-another-untapped-market-new-immigrants-needing-credit">gap</a> will likely increase with the growing trend in the demographics of the immigrant population in the United States, so alternative data has emerged as a way to rethink the indicators of credit worthiness to expand credit to the “credit invisible.” As the world becomes more interconnected and migration flows increase, several financial technology startups are seeking innovative solutions to tap into this market. Examples of this are a <a href="https://www.creditstacks.com/">credit card that doesn’t require a credit history</a> in the U.S., and <a href="http://www.novacredit.com">connecting international credit bureaus</a> with domestic institutions that enable expats to apply for products and services as well as helping them build a credit score.

Alternative data mainly includes unorthodox information such as consumer-permissioned financial data, online activities and rental payments. With the evolution of analysis, management and storage of big data, extremely large information sets that can be analyzed to reveal patterns, trends, and associations – especially relating to human behavior and interactions – startups, like the examples above, have started to develop and license automated scoring methodologies based on alternative data.

The use of alternative data considerably expands the universe of information available to lenders and CRAs (credit reporting agencies), enabling them to achieve a <a href="http://images.go.experian.com/Web/ExperianInformationSolutionsInc/%7B15855ffe-926b-4c59-a5a6-52fb5ed79cff%7D_2019StateofCreditData_whitepaper_web_01.pdf">holistic view</a> of their current and future customers, identify and prevent fraud, and assess a customer’s repayment capacity more efficiently. But is this always good for the consumer?

The promise to increase underserved individuals’ access to credit comes at a cost. The <a href="https://www.internetsociety.org/tutorials/your-digital-footprint-matters/">Internet Society</a> notes that every day, whether we mean to or not, we “contribute to a growing portrait of who we are online; a portrait that is probably more public than we assume” without knowing what kind of trail we’re leaving, and what the possible effects can be.

Recently, various consumer advocacy groups and the United States Government Accountability Office (GAO) have expressed concerns about data accuracy and privacy issues arising from the <a href="https://www.gao.gov/assets/700/696149.pdf">amount and sensitivity of the alternative data</a> collected and used by financial technology companies. The lack of transparency in the models, data sources and data analytics technologies are also criticized. Credit scoring companies treat their <a href="https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1122&amp;context=yjolt">data sources as proprietary trade secrets</a>. If consumers are not aware of what specific information the credit scoring systems use and how it impacts their credit score, their ability to dispute unfavorable credit decisions, identify inaccuracies in the lender’s files and take remedial steps to improve their credit score is significantly limited.
<blockquote>How can consumers dispute credit scores if they don't know what data is in them?</blockquote>
Furthermore, credit scoring models are based on class attributes and underlying assumptions built into them by the developers, which remain undisclosed, and failure to use <a href="https://www.nytimes.com/2016/06/26/opinion/sunday/artificial-intelligences-white-guy-problem.html?mcubz=1">inclusive datasets</a> to facilitate the machine learning process may <a href="https://www.consumercomplianceoutlook.org/2017/second-issue/keeping-fintech-fair-thinking-about-fair-lending-and-udap-risks/">amplify and perpetuate existing social inequalities</a>.

In order to achieve meaningful access to financial services using alternative data, industry stakeholders need more guidance and regulations on data privacy, transparency and clarification of the scope of data that may be used for credit scoring purposes. Currently, <a href="https://www.federalreserve.gov/boarddocs/supmanual/cch/fair_lend_over.pdf">fair lending laws and regulations</a> prohibit the use of certain information such as race, color, religion and national origin that may result in lending discrimination. However, it’s unclear to what extent these regulations capture alternative data, as discrimination may occur indirectly or even in an unintended way depending on the type of data is being used and how the scoring model works. For example, even though data initially collected from consumers doesn’t infringe upon protected classes, aggregation of data may be <a href="https://financialservices.house.gov/calendar/eventsingle.aspx?EventID=404003">used as a proxy</a> for a given protected class a consumer may fall under. This also increases the risk of vulnerable populations, such as the elderly in financial distress, being targeted for <a href="https://www.govinfo.gov/content/pkg/CHRG-113shrg95838/pdf/CHRG-113shrg95838.pdf">predatory marketing pitches</a> to sell financial products with unfavorable terms.
<h2>Current Legislative and Policy Efforts on Alternative Data</h2>
Although federal agencies have taken some <a href="https://files.consumerfinance.gov/f/documents/cfpb_interagency-statement_alternative-data.pdf">steps</a> to monitor the use of alternative data and encourage well-designed compliance management programs, existing guidance remains to be limited, according to the GOA. In 2019, there have been a few legislative efforts in Congress for regulating the use of alternative data in lending. However, the programmatic focus and the scope of alternative data that may be used in credit scoring were criticized to be narrow given the variety of use cases and the types of alternative data available to credit scorers and lenders.
Recently, Rep. Josh Gottheimer of New Jersey introduced a bill titled “<a href="https://financialservices.house.gov/uploadedfiles/bills-116hr____ih-accesstocredit.pdf">Accurate Access to Credit Information Act of 2019</a>” which amends the <a href="https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf">Fair Credit Reporting Act</a> to ensure that CRAs are providing fair and accurate information reporting in consumer reports, and for other purposes. Similar to the previous bills that sought to expand access to credit through alternative data, the proposed amendments permit the CRAs to use rent or utility payment information, subject to certain limitations. The proposed legislation emphasizes finding a better way to create a big picture view of a consumer’s creditworthiness and new consumer habits. That makes sense in 2020: millennials, for example, are prone to being credit invisible because they prefer to rent instead of owning a house, use mobile ride hailing apps rather than leasing a car, and use mobile payment apps.

This isn’t just a pressing topic in the U.S., of course. The World Bank and CGAP have published a detailed <a href="https://www.gpfi.org/sites/gpfi/files/documents/Data_Protection_and_Privacy_for_Alternative_Data_WBG.pdf">discussion paper</a> on data protection and privacy for alternative data, identifying transparency, data privacy and discrimination risks to be addressed through policy guidance. Looking across our southern border, similar risks were spelled out by Banco de Mexico, who emphasized the potential reliance of lenders on reports obtained from alternative data providers as a substitute of credit reports. Mexico, which adopted a <a href="https://www.acc.com/resource-library/fintech-regulation-mexico-1">landmark piece of legislation</a> regarding financial technology, requires alternative data providers to comply with <a href="https://www.dlapiperdataprotection.com/index.html?t=law&amp;c=MX">data protection regulations</a>.

In Europe, information used by credit scorers such as social media data, app usage data and location intelligence will likely be captured by the General Data Protection Regulation, which regulates data permissions and lawfulness of the use as well as requiring robust IT security and safeguards, to the extent an individual can be identified based on alternative data (including identification with reverse engineering and the combination of various datasets).
<blockquote>Without data integrity, alternative data may not expand access to credit.</blockquote>
In the United States, efforts to regulate use of alternative data promise to increase consumer protection and facilitate financial inclusion. Because people develop technology and algorithms, they may also learn and reflect biases of their makers. To minimize the risk of discrimination and unfair outcomes, more transparency is needed from the credit scorers. Furthermore, without ensuring data integrity, it’s not realistic to expect alternative data to miraculously expand access to credit. In the absence of sound and uniform regulations on data privacy and laws on the fair use of alternative data, consumer protection risks outweigh benefits.

Alternative Data in America: Policy and Concerns

North America

United States

Data Protection and Financial Inclusion: Why It Matters

Alternative Data

Financial Technology

As more people are connecting to more financial services digitally, we’re seeing growing calls for individuals to have greater control over how their data is being used and by whom. At the heart of consumers’ ability to control their data is the notion of consent, but what consent means in practice can vary considerably and can often be difficult for providers to ascertain in a meaningful way from a consumer standpoint.

In the EU, the GDPR has <a href="https://gdpr.eu/gdpr-consent-requirements/">defined consent</a> as being free, informed, specific and unambiguous. It also necessitates an opt-out option for data subjects, allowing for the partial or complete withdrawal of any previously given consent, and for the removal of all gathered personal data. But while these requirements may be good for consumers, they’re also tough for providers to implement. Just ask Google, which was <a href="https://www.reuters.com/article/us-google-privacy-france/france-fines-google-57-million-for-european-privacy-rule-breach-idUSKCN1PF208">fined 50 million euros</a> last year after the French data protection authority concluded that it “lacked transparency and clarity in the way it informs users about its handling of personal data and failed to properly obtain their consent for personalized ads.”
<h2>Flexibility Needed for Smaller Providers</h2>
So, if a tech giant, operating in Europe with all the resources and expertise at their disposal, can run afoul of these new consent requirements, does it make sense for governments in developing countries to try to adopt similar rules? India’s response for now has been yes. The current version of its pending data protection bill incorporates the same consent principles as GDPR. However, one legal observer we spoke to expressed concerns that the bill says nothing about what this consent architecture will look like and the ways in which consent will be sought. For smaller providers like microfinance institutions, fintechs and small finance banks that are trying to reach underserved segments with higher levels of illiteracy, obtaining consent as currently defined in the bill would pose a significant challenge, as elaborated below. Moreover, providers leveraging digital technologies to serve customers who might not be that digitally literate or understand the ways their data can be used may find it nearly impossible to meet such high standards of consent. The likes of Google might be able to figure it out over time, but smaller providers would need more flexible rules and support to comply.
<blockquote>Google might be able to figure out high-standard consent, but smaller providers would need more flexible rules and support.</blockquote>
For further evidence on how providers are already coming up short on consent, a recent <a href="http://documents.worldbank.org/curated/en/677281542207403561/Financial-Consumer-Protection-and-New-Forms-of-Data-Processing-Beyond-Credit-Reporting">World Bank report on new forms of data processing</a> laid out many limitations of practices around consent, such as lengthy and complex consent forms, incomplete information, and standardized, inflexible terms offered on a “take it or leave it” basis. As a result, providers are often seen to be doing the bare minimum to comply with existing data protection requirements. In recounting the deficiencies identified in a study by the Centre for Internet and Society on fintech privacy policies in India, a <a href="https://cis-india.org/internet-governance/blog/the-wire-shweta-mohandas-july-30-2019-in-india-privacy-policies-of-fintech-companies-pay-lip-service-to-user-rights">recent article</a> noted that one rule “requires a fintech company to provide an option to withdraw consent. Twenty-three percent of the companies allowed the user to opt out or withdraw from certain services such as mailing list, direct marketing and in app public forums, but they did not allow the user to withdraw their consent completely.” Such findings have led various observers to rightly question <a href="https://www.cgap.org/blog/data-protection-and-financial-inclusion-why-consent-not-enough">how effective consent really is</a> in practice and to propose <a href="https://www.cgap.org/research/publication/making-data-work-poor">other approaches</a> to give consumers more meaningful control over their data.
<h2>The Futility of Trying to Keep Up with New Approaches to Consent</h2>
This all stands to reason, but it again begs the question as to how providers who are already having a hard time complying at a minimal level could ever keep up with these new approaches. Indeed, in discussing the variety of data protection principles and standards that already exist around the world, the previously mentioned World Bank report also hastened to point out that “such principles may often be difficult to implement, particularly in low-capacity environments and/or where changes in the financial sector are fast paced.” As our interviewees attested, low-capacity environments and fast-paced changes are very much the rule, not the exception, and the path from principles to implementation is littered with landmines.
<blockquote>Low-capacity environments and fast-paced changes are very much the rule, not the exception.</blockquote>
One case we encountered centered around the issue of informed consent. Last year, the Reserve Bank of India <a href="https://economictimes.indiatimes.com/industry/banking/finance/banking/rbi-slaps-rs-5-crore-penalty-on-airtel-payments-bank-for-violation-of-norms/articleshow/63235308.cms">fined Airtel Payments Bank</a> the equivalent of roughly $700,000 for “contravening the Operating Guidelines for Payments Banks and directions issued by RBI on Know Your Customer (KYC) norms.” Airtel Payments Bank is majority owned by Bharti Airtel, one of the largest mobile operators in India, and in 2017 complaints started to emerge among mobile subscribers that Airtel Payments Bank had opened new bank accounts without their consent. According to <a href="https://www.financialexpress.com/economy/uidai-airtel-payments-bank-case-company-claims-no-wrongdoing-heres-how-you-can-avoid-the-trap/979401/">reports</a>, when new Airtel mobile subscribers first opened their Airtel mobile app, a pre-ticked consent box would appear on the welcome screen which, unless unchecked, would authorize the use of the same <a href="https://uidai.gov.in/what-is-aadhaar.html">Aadhaar</a>-based eKYC verification required to open the mobile account to also open an Airtel Payments Bank account. Over 2.3 million customers reportedly had new bank accounts created that they did not realize had been opened. Further complicating the matter was the fact that government subsidies would automatically be sent as direct benefit transfers to each beneficiary’s most recent Aadhaar-linked bank account, resulting in the equivalent of about $6.6 million in subsidies being deposited into these accounts. Airtel Payments Bank maintained that it had properly obtained consent to open these accounts but committed to working with the government to ensure compliance. We spoke with Akhil Verma, the current Chief Information Security Officer of Airtel Payments Bank, and he said the bank’s failure to notify customers of this caveat and obtain their explicit permission before allowing this was considered grounds for insufficient consent.
<h2>Out of Step With Modern Digital Reality</h2>
Another concern we heard from the other side of the globe was that some consent requirements are out of step with modern realities. According to Mariano Fuentes, Legal Advisor with ASBANC, the banking association in Peru, its data protection law (which was originally passed in 2011) is outdated for the digital times we now live in and does not do a thorough job of clarifying the ways consent can be obtained. Banks in Peru can obtain consent for personal data digitally, but “sensitive” personal data, which not only includes data on things like race or health, but also biometric data and data pertaining to “personal habits” that could come from things like mobile phone usage patterns, still requires written consent. Since Peru’s data protection law was passed in 2011, it would not have been able to fully anticipate the ways in which people’s lives have been digitized and the new types of data that would emerge, so it’s not surprising that it was reported last June that the National Authority for the Protection of Personal Data in Peru had issued <a href="https://elcomercio.pe/economia/negocios/tres-anos-han-puesto-1-246-sanciones-faltas-proteger-datos-noticia-646513-noticia/">1,246 sanctions within three years</a> (across all sectors).  A scan of the sanctions imposed by the data protection authority also reveals that a significant share of these violations resulted from failures to properly obtain consent.

Whether these cases amount to violations is often a matter of interpretation. Mariano Fuentes of ASBANC underscored this by pointing out that five member banks are currently appealing their penalties because they disagree with the arguments made by the data protection authority. “The complete idea of consent is not represented by any technology, which is damaging in today’s times and is used against us to levy sanctions,” he added. Despite these challenges, Peru consistently ranks as one of the top country-wide regulatory environments for financial inclusion in the Economist Intelligence Unit’s <a href="https://www.centerforfinancialinclusion.org/global-microscope-2019">Global Microscope</a> assessment. In the 2019 version, it came in second partly because it “showed the greatest improvement in the consumer protection domain—specifically, for its data protection framework for financial customers.”
<h2>So How Are Consumers Supposed to Understand?</h2>
Given all the shortcomings with current consent practices around the world, it’s simply unfair to expect consumers to be able to fully understand what can and cannot happen with their data right at the point when they are about to access a new service or download an app. But at the same time, placing the burden on providers, especially those that are on the frontlines of underserved areas, to understand and apply high standards of consent is also proving to be a challenge. The reality is that this is a burden that both consumers and providers need to share, but not on their own. They need the right mix of policy and technology to help them get there. There are some emerging regulatory technology – or “regtech” – solutions providers in developed markets (like <a href="https://www.trunomi.com/">Trunomi</a>) that enable consent-based data sharing, for example.
<blockquote>This is a burden that both consumers and providers need to share, but not on their own.</blockquote>
As these solutions continue to advance, perhaps governments in developing countries could seek to attract such providers to adapt these solutions for their markets. It’s this type of innovation and collaboration that is needed to make consent work. The burden should be broadly shared.

Data Consent: Let’s Share the Burden for Effective Consumer Protection

India

South Asia

Latin America and The Caribbean

Peru

Policy, Regulation and Government Initiatives

Transparency

In response to the seemingly <a href="https://www.centerforfinancialinclusion.org/infographic-75-records-compromised-every-second">endless flow</a> of data breaches and misuses of personal data, governments are increasingly responding with <a href="https://www.ironmountain.com/resources/general-articles/t/the-legal-ramifications-of-a-data-breach">penalties</a>, hearings and new laws and regulations. Perhaps the most widely known is the European Union’s General Data Protection Regulation (GDPR), which <a href="https://www.wired.co.uk/article/what-is-gdpr-uk-eu-legislation-compliance-summary-fines-2018">went into effect</a> in May 2018 and has quickly become a global benchmark, as many of the data protection regimes emerging around the world appear to embrace the same <a href="https://gdpr-info.eu/art-5-gdpr/">basic principles</a> that are at the core of GDPR.

As the growth of the digital economy continues to fuel the expansion of consumers’ data footprints, we’re also hearing calls for new approaches to data protection that advances in digital technologies should be making increasingly possible, at least in theory. But in the recent research and interviews we conducted on the current state of data protection in India, Ghana and Peru (thanks to a collaboration made possible through the <a href="https://www.credit-suisse.com/careers/en/articles/careers/sharing-expertise-201712.html">Credit Suisse Global Citizens</a> volunteer program), we encountered a divide between governments and providers that surfaces when you get beyond principles and into the specifics of their application.

As usual, the devil is in the details.

For example, in responding to a question about how data protection laws and regulations in Ghana may be impacting the extent of data sharing among providers seeking to reach underserved segments, Clarissa Kudowor, Deputy Chief Manager of the Payment Systems Department, Bank of Ghana, wrote, “Whatever the arrangements/partnerships, we expect them to apply the universally accepted principles of data protection under Section 17 through to Section 34 of the Data Protection Act, 2012.” But achieving alignment between policymakers and providers on how best to apply these principles may be easier said than done.
<blockquote>Achieving alignment between policymakers and providers may be easier said than done.</blockquote>
For instance, in talking about data protection seminars offered by the Ghanaian government, Elorm Allavi, the CEO of <a href="https://syecomp.com/">SyeComp</a>, a fintech which uses data from smallholder farmers for its mfarmPay credit product, said, “Seminars are for awareness creation, but in terms of the technical side, they’re not there yet. They don’t understand how we use data.” This is but one example of the gap that exists between governments and providers in advancing data protection in their countries. But where there are problems, there are also opportunities.

Recognizing how vast of a topic this is, we have chosen to focus on three key aspects of data protection that surfaced during our research.
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<h4><strong>Consent</strong></h4>
</li>
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<h4><strong>Localization</strong></h4>
</li>
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<h4><strong>Regulatory capacity and fragmentation</strong></h4>
</li>
</ul>
We will dedicate one blog post to each of these issues, starting next week with consent. Over the coming weeks, we will explore these topics – plus <strong>alternative data</strong> legislation and vulnerable populations in the U.S. – in a CFI Blog series, “Data Protection and Financial Inclusion: Why It Matters Now.” Join us as we dive in to these issues from a financial inclusion perspective and our unique position as an industry engager.

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Data Protection and Financial Inclusion: Why It Matters (Introduction)

It’s the time of year when you take stock of what you’ve done and plan your coming year. And here at the Center for Financial Inclusion at Accion (CFI), we’re doing the same thing: reflecting and planning. Here are five highlights from 2019 as we pursue our mission to engage and challenge the industry to better serve, protect and empower clients. We look forward to engaging our community anew in 2020!

If you like what you read, consider including the Center for Financial Inclusion at Accion in your <a href="https://give.accion.org/page/contribute/cfi">end-of-year giving</a> plans. Donate between now and December 31st and your contribution will be fully matched up to $250,000.
<h1>1 Made consumer protection in digital finance an imperative</h1>
In a world where face-to-face contact in financial services is on the decline, we took up the “<a href="https://www.centerforfinancialinclusion.org/from-human-conduct-to-protection-by-design-the-smart-campaigns-digital-standards">protection by design</a>” call and created the <a href="http://www.smartcampaign.org/about/smart-microfinance-and-the-client-protection-principles/digital-credit-standards">Digital Credit Standards</a>, which incorporate feedback from consumers, researchers and financial service providers. The <a href="https://www.centerforfinancialinclusion.org/handbook-on-consumer-protection-for-inclusive-finance">Handbook on Consumer Protection for Inclusive Finance</a> was also released, providing a legal and regulatory framework to protect low-income consumers. We heard from hundreds of digital financial service clients in Rwanda in our most recent <a href="https://www.centerforfinancialinclusion.org/client-voices-rwandans-speak-on-digital-financial-services">Client Voices</a> report; and we commissioned a study on the <a href="https://www.centerforfinancialinclusion.org/making-digital-credit-truly-responsible">state of digital credit in Kenya</a>, highlighting challenges and making recommendations on customer centricity.
<h1>2 Continued to shape the next generation of financial inclusion leaders</h1>
We believe strong board leadership is crucial for social enterprises to grow and have impact. In October, following the conclusion of the 5-year <a href="https://www.centerforfinancialinclusion.org/about/what-we-do/africa-board-fellowship-program">Africa Board Fellowship Program</a>, we launched the <a href="https://www.centerforfinancialinclusion.org/about/what-we-do/board-leadership-for-impact-program">Board Leadership for Impact Program</a> for social enterprise leaders to learn and exchange ideas on governance, digitalization and inclusive digital finance. And since 2006, we continue to provide management and leadership training to microfinance leaders via the <a href="https://www.centerforfinancialinclusion.org/about/what-we-do/hbs-accion-program-on-strategic-leadership-in-inclusive-finance">HBS-Accion Program on Strategic Leadership in Inclusive Finance</a>.
<h1>3 Engaged with mainstream banks to reach the underserved</h1>
We also published the final the two reports from our <a href="https://www.centerforfinancialinclusion.org/about/what-we-do/mainstreaming-financial-inclusion-best-practices">Mainstreaming Financial Inclusion: Best Practices</a> project in 2019. These briefs focus on <a href="https://www.centerforfinancialinclusion.org/leveraging-technologies-to-improve-the-quality-and-maximize-the-productivity-of-agent-models">agent models</a> and how technology can boost their quality and effectiveness, and how the <a href="https://www.centerforfinancialinclusion.org/charting-the-customer-journey-in-the-digital-age">customer journey</a> has morphed in the digital era – with unique examples from the industry. These reports facilitate learning and action on six key challenge areas of serving unbanked and underbanked customers.
<h1>4 Transitioned to new leadership</h1>
In September, I <a href="https://www.centerforfinancialinclusion.org/q-a-with-mayada-el-zoghbi-cfis-new-managing-director">took the reins</a> at CFI as Elisabeth Rhyne, our founding Managing Director, retired. With new leadership and a new year will come unique strategic priorities, and in the first months of 2020, we’ll announce our new strategic imperatives for the new year and beyond.
<h1>5 Guided Financial Inclusion Week 2019</h1>
For the fourth annual <a href="https://www.centerforfinancialinclusion.org/financial-inclusion-week-2019">Financial Inclusion Week</a>, we solicited <a href="https://www.centerforfinancialinclusion.org/series/financial-inclusion-week-2019">contributions</a> from members of the financial inclusion community, this year under the theme “<a href="https://www.centerforfinancialinclusion.org/financial-inclusion-for-what">Financial Inclusion: For What?</a>”. And you responded: thousands took part engaging with blog posts, sharing their perspectives and research, and interacting with webinars, podcasts, quizzes and in-person events by dozens of partners worldwide. You gave us your thoughts and votes on which areas – equity, financial health, the bottom line, sustainable development – you believe financial inclusion’s ultimate purpose lies. #FinclusionWeek

Looking Back at 2019: a Transition, a New Initiative, Sharing Insights and Engaging Our Community

Financial Service Providers

Governance

With the expansion of digital financial services (DFS) for the underserved, policymakers and regulators must set the conditions to allow innovative financial products to flourish while providing the market guardrails that ensure customers, especially those accessing financial services for the first time, can access DFS with confidence and adequate protections.

According to the World Bank’s most recent Global Financial Inclusion and Consumer Protection Survey, more than 95 percent of the 124 respondent jurisdictions have some kind of <a href="https://openknowledge.worldbank.org/bitstream/handle/10986/28998/122058.pdf?sequence=5&amp;isAllowed=y">financial consumer protection legal framework</a>. Other studies, such as the <a href="https://centerforfinancialinclusion.org/global-microscope-2019/">Global Microscope</a> series and the World Bank's <a href="https://openknowledge.worldbank.org/bitstream/handle/10986/28996/122011-PUBLIC-GoodPractices-WebFinal.pdf?sequence=1&amp;isAllowed=y">Good Practices for Financial Consumer Protection</a>, have demonstrated that legal and regulatory responses to consumer protection risks have been strengthening over time. Such developments are important accomplishments and demonstrate the prioritization of consumer protection as an enabler of financial inclusion. However, our work doesn’t stop there.
<h2>The Opportunity</h2>
Not all financial consumer protections frameworks are effective in addressing key consumer protection risks for the financially excluded. In some cases, elements of such frameworks may even impede financial inclusion goals. Common challenges include legal and regulatory gaps, disproportionate (non-risk-based) interventions, inconsistent oversight, competing or overlapping regulatory mandates, and the inability or lack of enforcement. These challenges are exacerbated by a rapidly changing sector where digital technologies have introduced new providers, products, business models and delivery channels. Appropriate legal and regulatory responses can help to mitigate new and evolving risks while promoting responsible inclusive finance, stronger markets, and better served clients.
<h2>Our Contribution</h2>
To address the demand for practical resources to promote strong legal frameworks for responsible inclusive finance, CFI, DLA Piper’s global pro bono initiative, New Perimeter, and the legal team at Accion developed the <a href="https://centerforfinancialinclusion.org/handbook-on-consumer-protection-for-inclusive-finance/">Handbook on Consumer Protection for Inclusive Finance</a>. Organized around the <a href="https://www.smartcampaign.org/about/smart-microfinance-and-the-client-protection-principles">Client Protection Principles (CPPs)</a>, the Handbook expands on its predecessor, the <a href="http://smartcampaign.org/tools-a-resources/1049-model-law">Model Law and Commentary for Financial Consumer Protection (Model Legal Framework)</a> to address the unique characteristics of digital financial services. It’s informed by CFI's <a href="https://www.centerforfinancialinclusion.org/consumer-protection-in-a-digital-age">Consumer Protection Standards for Digital Credit</a>, which provide a shared set of practices for responsible digital lending through a provider lens, and updated Guidance for these standards. It also reflects consultation with experts and practitioners, experience from our work with regulators and financial service providers (including fintech companies), research on 19 regulatory environments, and guidance issued by international organizations and collaborative working groups.

The Handbook complements existing tools and guidance by distilling recommended legal and regulatory approaches for financial consumer protection into illustrative and user-friendly model language with explanatory commentary. Like the Model Legal Framework, the Handbook is intended for a broad range of stakeholders and is designed to be used in several ways: to develop or revise financial consumer protection legal frameworks, to serve as a diagnostic tool to assess existing frameworks, and to support dialogue and collaboration between government and industry.
<blockquote>The Handbook distills recommended legal and regulatory approaches for financial consumer protection into illustrative, user-friendly language and commentary.</blockquote>
<h2>What’s New?</h2>
The Handbook comprehensively updates the Model Legal Framework, including new and revised provisions and commentary related to DFS. It significantly expands recommendations regarding the privacy and security of consumer data, which traditional consumer protection frameworks may not address or where standalone data privacy regimes do not exist. In addition, the Handbook advocates for strong internal controls in the design process for products, services and delivery channels to support the concept of “consumer protection by design” in addition to monitoring consumer outcomes. It also tackles questions around algorithm-based lending, transparency safeguards for digital interfaces, third-party accountability, fraud, and coordination among supervisory authorities with converging regulatory mandates, among other topics.

No single resource can address every issue relevant to financial consumer protection, but the Handbook focuses on key areas of consumer risk based on consensus in the responsible inclusive finance ecosystem. As recommendations around strong consumer protection policy continue to evolve, so too will future editions of the Handbook, and we welcome your comments and feedback.

New Handbook Addresses Demand for Practical Legal Resources About Consumer Protection in a Digital World

Financial Inclusion Strategy

Isabelle Barrès

Former Vice President and Campaign Director, Smart Campaign

Mayada El-Zoghbi

Managing Director

Alexandra Rizzi

Malacci Ohrt

Alex Taylor

Laura Schroeder

Sezgi Guler-Fuechec

Ethan Loufield

Shweta Vashisht

Jessica  Galimberti

Elisabeth Rhyne

Credit

Delivery Channels

Digital Credit

Digital Financial Services

Financial Capability

Fintechs

Fraud

Privacy

Product Pricing

Telcos

Appropriate Product Design and Delivery

Social Performance

Credit Provision

Customer Centricity

Default

Interest Rates

Nano Loans

Report

Event

Webinar

<h1>Why Consumer Rights and Responsibilities?</h1>
The <a href="https://www.smartcampaign.org/about/smart-microfinance-and-the-client-protection-principles">Client Protection Principles</a> provide a common framework for financial service providers (FSPs), policymakers, and clients to better understand and discuss consumer protection issues. While much of the Center for Financial Inclusion’s (CFI) work with the financial inclusion industry has focused on providers and regulators, there is a third crucial constituency: clients.

Client awareness and capability is a critical component of effective financial consumer protection. Clients have the right to demand fair treatment and lodge complaints with government authorities, but these rights mean little if they don’t know what constitutes lawful treatment or how to access complaints channels. Similarly, clients play a role in protecting themselves by practicing behaviors to maintain their privacy and safety. While FSPs can institute protective processes and regulators can craft policy safeguards, improving client awareness of their rights and responsibilities helps consumers play their part to support a sustainable financial system.

This report provides lessons learned from initiatives in Ghana, Uganda, and Benin to raise consumer protection awareness among clients through multimedia campaigns, digital tools and other outreach strategies. It covers country-specific consumer protection issues and the individualized campaigns to address these issues. We also offer five key takeaways to help inform future client protection and empowerment awareness building activities.

Clients Deserve to Know: Using Radio to Educate and Empower Consumers in Africa

The majority of Kenyans have mobile money accounts; their activity demonstrates digital financial services’ potential. Accion helps Kenyan innovators harness emerging technologies to create new financial services.

India is a global leader in financial inclusion. For over a decade, Accion has worked with and learned from India’s innovators, investors, and policymakers to expand economic opportunity for its people and businesses.

Hema Bansal is presenting at two events at the 3rd Asia Finance Forum:
<h2>Fintech Bootcamp
Monday, November 4, 2019 3:30-5:00pm</h2>
Financial inclusion is increasingly driven by fintech firms independently, or in partnership with banks. Although financial services delivery models differ across countries, digital financial services have shown promising financial inclusion outcomes. There is little evidence, however, that these services are being delivered responsibly, increasing the potential risks to clients.

The Center for Financial Inclusion’s (CFI) <a href="http://smartcampaign.org/about/smart-microfinance-and-the-client-protection-principles/digital-credit-standards">Smart Campaign digital credit standards</a> address risks to consumers, particularly those arising from new digital products or channels. At the Fintech Bootcamp, we will share these standards, which address a wide range of risks clients are exposed to when accessing digital credit, including but not limited to data privacy and security, over indebtedness, and lack of transparency. They are meant to guide both fintechs and traditional financial service providers undergoing digital transformation. We will also share CFI’s approach to building the financial capability of consumers in accessing digital financial services.

Hema's session will cover the following:
<ul>
 	<li>Responsible standards for digital credit design and delivery</li>
 	<li>Adaptability of responsible digital credit standards nationally and regionally</li>
 	<li>Financial capability approaches</li>
 	<li>Strategies for embedding responsible finance in digital financial services at the country level</li>
</ul>
<h2>Inclusive Finance: Combining Fintech Innovation, Public-Private Collaboration, and Responsive Regulation to Reach the Poorest
Wednesday, November 6, 2019 9:20-10:30am</h2>
Lack of financial and digital literacy is a major reason for lack of access to finance for women and in rural communities. Policies to enhance financial inclusion, especially through technology, should involve more active financial literacy and educational programs.

Learn about new products and services, players, and channels that address the essential need of financial literacy to reach the underserved and unbanked and drive the shift from financial access to financial usage.

Moderator: Lotte Schou-Zibell, Regional Director, Pacific Department, ADB

Panelists:
<ul>
 	<li>Hema Bansal, Senior Director, The Smart Campaign, Center for Financial Inclusion at Accion</li>
 	<li>Peter Morgan, Senior Consulting Economist and Vice Chair for Research, ADB Institute</li>
 	<li>Anil Gupta, Partner – Payments and Distribution, Microsave Consulting</li>
 	<li>Grace Tan, Head of Corporate Communications, Visa Inc.</li>
</ul>
&nbsp;

&nbsp;

3rd Asia Finance Forum

In this webinar we discuss how the regulatory landscape is shifting with the advent of digital financial services, the challenges policymakers are facing, and the ways that the <a href="/handbook-on-consumer-protection-for-inclusive-finance">Handbook on Consumer Protection for Inclusive Finance</a> can help regulators and the entire inclusive finance industry to strengthen consumer protection frameworks.

Webinar: Handbook on Consumer Protection for Inclusive Finance

As digital technologies transform financial inclusion, with new providers, products, and delivery channels reaching out to the financially excluded, the need increases for effective legal and regulatory frameworks to protect low-income consumers. A sound legal framework for consumer financial protection will support financial inclusion and innovation, allow new products and services to responsibly reach previously underserved consumers, and provide for empowered and capable regulators to oversee and enforce these frameworks.
<h2>Strengthening the Legal Framework for Digital Financial Services</h2>
The Handbook on Consumer Protection for Inclusive Finance presents updated and revised guidance for consumer financial protection regulators organized around the Smart Campaign's Client Protection Principles (CPPs). It expands upon a previous document, the Client Protection Principles: Model Law and Commentary for Financial Consumer Protection (Model Legal Framework) to reflect updated <a href="http://www.smartcampaign.org/about/smart-microfinance-and-the-client-protection-principles/digital-credit-standards">digital credit standards</a> from the Smart Campaign, new and emerging guidance from international organizations and collaborative working groups, and consultation with a broad range of experts regarding the unique characteristics of digital financial services (DFS), with an emphasis on digital credit.
<h2>Global Lessons and Model Legislation for Policymakers</h2>
In the Handbook, the Client Protection Principles are matched with legal provisions that promote the realization of these principles in practice. Expanded areas of the Handbook include the unique characteristics presented by DFS, new content around data privacy, fraud, and security, and product-specific recommendations. The tool is intended as a resource for financial consumer protection policymakers by providing model language, illustrative examples, and actionable recommendations. The aim is to support dialogue and foster collaboration between government and industry.

Handbook on Consumer Protection for Inclusive Finance

As digital technologies transform inclusive finance, with new providers, products, and delivery channels reaching out to the financially excluded, the need increases for effective legal and regulatory frameworks to protect low-income consumers. When considering the organizing question for <a href="/financial-inclusion-week-2019">Financial Inclusion Week 2019</a> “Financial Inclusion: For What?” the theme of equity looms large. If the rules of the road for digital financial services (DFS) aren’t predictable, balanced between mitigating consumer risks and fostering innovation, or considering the voice of consumers, financial inclusion cannot deliver on its promises of fair access, fair use, or fair treatment. A sound legal framework for consumer financial protection will support financial inclusion and innovation, allow new products and services to responsibly reach previously underserved consumers, and provide for empowered and capable regulators to oversee and enforce these frameworks.

<strong>The Center for Financial Inclusion at Accion and DLA Piper/New Perimeter are pleased to launch updated and revised guidance for financial consumer protection regulators tackling the risks and opportunities introduced by digital financial services.</strong> The <a href="http://smartcampaign.org/tools-a-resources/1210-handbook-on-consumer-protection-for-financial-inclusion">Handbook on Consumer Protection for Inclusive Finance</a>, a joint project between experts at the Center for Financial Inclusion at Accion, Accion, and DLA Piper/New Perimeter, presents updated and revised guidance for consumer financial protection regulators organized around the Smart Campaign’s <a href="https://www.smartcampaign.org/about/smart-microfinance-and-the-client-protection-principles">Client Protection Principles</a> regarding the unique characteristics of DFS, with an emphasis on digital credit.

<strong>Join experts from Accion and New Perimeter on October 25 at 9:30 a.m. EST for a webinar to discuss how the regulatory landscape is shifting with the advent of digital financial services, the challenges policymakers are facing, and the ways that this Handbook can help regulators and the entire inclusive finance industry to strengthen consumer protection frameworks.</strong>

Webinar: A Conversation About the Handbook on Consumer Protection for Inclusive Finance

<em>This post originally appeared on the European Microfinance Platform's (e-MFP) <a href="http://www.e-mfp.eu/blog">blog</a>.</em>

How should financial institutions approach consumer protection differently when they offer services through smartphones rather than humans?

This was the question we posed when the <a href="https://content.centerforfinancialinclusion.org/about/what-we-do/the-smart-campaign/">Smart Campaign</a> team first started revising the standards to be applied to digital financial services, especially digital credit. We're very pleased to have launched the new <a href="http://www.smartcampaign.org/about/smart-microfinance-and-the-client-protection-principles/digital-credit-standards">Digital Credit Standards</a>, their accompanying <a href="http://www.smartcampaign.org/storage/documents/2019_06_19_Principles_Guidelines_FINAL2.pdf">guidance document</a>, and the forthcoming companion Handbook on Consumer Protection for Financial Inclusion (summary <a href="https://www.smartcampaign.org/storage/documents/Handbook_on_Consumer_Protection_-_Eng.pdf">here</a>). What we didn’t expect, however, was quite how profound the differences would turn out to be. We made significant changes to the standards for all seven Client Protection Principles (the principles themselves remain the same). I want to focus here on the most fundamental: Appropriate Product and Delivery Design.

When financial service providers (FSPs) consider tackling client protection, their first thought is often, “We need a code of conduct!” That reflexive response shows that FSPs traditionally view protecting clients mainly through the lens of setting and enforcing boundaries on staff behavior. And traditionally, that made sense. After all, ground zero for protecting clients occurs in the moments when they come face to face with staff. That’s when the client receives product information that is transparent (or not) and is treated (or not) with fairness and dignity. The practice of client protection has centered on defining codes of conduct, incentivizing and training staff to follow them, monitoring their adherence, and applying sanctions to breaches.
<h2>When face-to-face interaction disappears, what happens to consumer protection?</h2>
When staff aren't present, however, the client experience changes. On the one hand, the problem of rogue or substandard staff behavior disappears, which is good for clients. But so does the helpful staff person who can answer a client’s questions and guide the client to the right product. With digital services, everything the client experiences is pre-programmed and embedded into the user interface upfront, before a single client has clicked on a single screen. Everything is determined in advance, through coding and algorithms, and the sequences roll along without individual human intervention.

In this setting, protecting clients is all about good design. But product and delivery design teams in FSPs include a range of people, not all of whom are traditionally alert to client protection: the IT team, the market research and marketing teams, commercial analysts, and possibly outside software developers. Team members come from different disciplines with different training and skills, and they may not even be aware of client protection principles. These teams need guidelines to assist them in integrating protections into the interfaces they ultimately design. For example, designers need to determine whether clients are likely to understand the product information they provide in a setting where they can't easily ask questions. Those involved in market research and prototype testing need to have client protection issues in the forefront of their minds as they do their work.

To do this, they need a “code of conduct” for the design process, and that is how we think about the new standards for appropriate product and delivery design. We call the approach “protection by design,” taking a cue from the concept of privacy by design often advocated as a rubric for data privacy. Protection by design is a vastly different approach to implementing client protection from the old codes of conduct. The focus is what goes into the product, rather than how the staff member behaves with each individual. Protection by design focuses on anticipating the totality of needs of all clients and incorporates them right from the start.

And that brings up another profound difference between traditional client protection practice and the new standards. When the focus is on ensuring that the staff conducts successful interactions with each client, adherence is monitored on an ongoing basis through everyday work. With protection by design, and its focus on getting it right in advance for the whole portfolio of clients, the staff stand back and watch machines do the work. There is no daily staff feedback to tell supervisors whether client outcomes are satisfactory. Thus, in protection by design, systems and methods for monitoring client outcomes – through portfolio data and direct client surveys – become essential.
<blockquote>When the focus is on ensuring that the staff conducts successful interactions, adherence is monitored. With protection by design, the staff stand back and watch the machines do the work.</blockquote>
We're just at the start of understanding these and other implications of protection by design for the practice of client protection. The Smart Campaign looks forward to engaging with members of <a href="http://www.e-mfp.eu/">e-MFP</a> to build out and test robust tools that can enable the approach to be widely applied. We’d like to work out how to incorporate client input and testing during the design process, protocols for algorithm review and other facets of the new approach.

Beyond protection by design, the revised standards for digital financial services incorporate several other very important changes, some of which are among the hottest issues in the sector today: data privacy, data security, and the thorny question of fairness and responsibility in algorithm-based lending. The Smart Campaign will dig deeper into these issues during the coming year.

We would like to thank all those who worked with us in designing the standards, especially MFR and the members of the <a href="https://www.smartcampaign.org/about/fintech-protects-community-of-practice">Fintech Protects Community of Practice</a>. It has been a community effort.

In a world that is changing very rapidly, we consider the client protection standards to be a permanent work in progress, anticipating that they will need to be adapted as new developments in financial services occur. At this stage, our hope is that the players in the financial inclusion sector will actively promote and use the new standards to ensure that the sector does right by its clients, no matter what methods it uses to deliver its services.

We invite you to review the <a href="http://www.smartcampaign.org/storage/documents/Digital_Credit_Standards_June_2019.pdf">standards</a> and send us your thoughts by commenting below.

From Human Conduct to Protection by Design: The Smart Campaign's Digital Standards

We are pleased to participate in the following two sessions during the official program at European Microfinance Week 2019. Join us!
<h2>Atlas Data Platform: A New One-Stop-Shop for the Sector</h2>
<h3>Thursday, November 21, 2019
3:45 - 5:15pm (CET) / 9:45 - 11:15 (EST)</h3>
<a href="/bio/isabelle-barres">Isabelle Barres</a>, Campaign Director, <a href="/about/what-we-do/the-smart-campaign">The Smart Campaign</a>, joins on a panel alongside BFR, CERISE, MFR and SPTF to demo and discuss the Atlas Data Platform on pricing, client protection, social, environmental and financial performance of approximately 600 financial service providers (FSPs) from 70 countries. Investors, networks, researchers and other subscribers will be able to use this data to benchmark FSPs with peers, monitor their evolution, consolidate portfolios, review country profiles, research industry trends, and analyze data through the lens of the Sustainable Development Goals. The Atlas Data Platform will be launched in 2020.
<h2>Responsible Client Choices in Finance: Whose Responsibility Is It? (Closing Plenary)</h2>
<h3>Friday, November 22, 2019
3:30 - 4:45pm (CET) / 9:30 - 10:45 (EST)</h3>
CFI Managing Director <a href="/bio/mayada-el-zoghbi">Mayada El-Zoghbi</a> joins Gerhard Coetzee, CGAP, Tim Odgen, Financial Access Initiative, and Roshaneh Zafar, Kashf Foundation, to debate the tension between client choice and client protection. While client protection is a foundation of responsible finance, implementing it requires wrestling with a fundamental question: when does protection become a paternalistic limitation on client choice?  Among responsible finance adherents, there is universal agreement that clients should be provided with clear, simple information in order to make financial decisions. But often this is seen as insufficient, and institutions and regulations go further, limiting or prohibiting certain practices because they are deemed irresponsible—thus also limiting client choices. This session will use a free debate format to explore the challenge of balancing between these two objectives—client choice and client protection.

European Microfinance Week 2019

Digital credit has emerged as a new and profitable service offering that has great potential to increase financial inclusion. Yet, if not carefully managed, digital credit also runs the risk of excluding, over-charging, and over-extending customers.

Seven years since the first digital credit product launched, the market in Kenya has grown exponentially and hosts a diverse ecosystem with more than 50 supply-side actors. The phenomenal expansion of digital credit in Kenya serves as a test-bed for the product and offers lessons for digital credit suppliers and regulators around the world.

SPTF and the Smart Campaign commissioned MicroSave Consulting (MSC) to study the dynamics of the digital credit sector on both demand and supply sides. The output of the study was a <a href="https://content.centerforfinancialinclusion.org/making-credit-truly-responsible-webinar/">comprehensive report on the current state of digital credit in Kenya</a>. It looked at the evolving challenges in digital credit and made recommendations for a more responsible and customer-centric delivery of the product.

With participation from Smart Campaign Senior Director Alexandra Rizzi, this webinar:
<ul>
 	<li>Helps participants understand the digital credit landscape in Kenya</li>
 	<li>Assesses the progress and challenges around making digital credit responsible and inclusive</li>
 	<li>Recommends steps towards a more responsible delivery of digital credit</li>
</ul>

Making Digital Credit Truly Responsible Webinar