Financial transformation for companies and new players in the financial sector

In order to enable you to plan and make the right decisions for your company in good time, regardless of whether you are a payment service provider, a new player in the financial sector or a company in the real economy, we can already provide you with comprehensive advice on the digital euro.

Digital euro services

  • Application for a banking license or a license as a payment service provider or registration as a payment information service for new players on the market
  • Design and implementation of all processes in connection with the distribution of the digital euro in order to comply with legal requirements
  • Development and testing of additional and value-added services for the purpose of generating additional revenue
  • Integration of the digital euro into alternative payment methods to achieve synergy effects
  • Advice on reorganizing and adapting existing payment methods and future payment processing in retail in order to reduce costs
Heinrich Thiele

Of Counsel

Attorney-at-Law (Rechtsanwalt), Certified Tax Advisor

Jörg Mühlenkamp

Partner

Attorney-at-Law (Rechtsanwalt), Certified Tax Advisor

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Information on the digital euro

Why digital currency

Today’s forms of money will not disappear, but will be supplemented by digital components. In addition, there will be so-called trigger solutions, deposit tokens and central bank digital currency (CBDC) – in Europe this is the digital euro.

Trigger solutions form a technical bridge between blockchain technology and conventional payment transactions. For example, as a first step, industry business processes running on the blockchain could be networked with conventional payment transactions, such as the SEPA (Single European Payment Area) scheme. However, this is not where the development of the monetary system ends.
 

Deposit tokens as support for Industry 4.0?

A deposit token is a customer deposit at a bank which is represented digitally by means of a token. A token, in turn, is stored on a decentralized platform and represents an asset, property or economic good. The deposit token enables fully automated, high-frequency and very small payments (for example, in the form of “payment streams”). Transactions can be mapped at any time, almost in real time, without friction and in a programmable manner in existing business processes on the blockchain.

The digital euro as a digital form of central bank money

Digital currencies are becoming increasingly relevant in many countries. Apple Pay, DeFi or Bitcoin – digital payment methods are becoming increasingly established on the market. By means of digital currencies, transactions can be conducted largely without banks. The European Central Bank (ECB) is currently working relentlessly to introduce the digital euro as a CBDC.

These activities are drivers for the ECB:

Other central banks are already much further ahead than Europe in introducing digital central bank currencies. For example, China presented the digital yuan to an international audience for the first time at the 2022 Olympic Games in Beijing.

As digital central bank money, the digital euro can be used like cash alongside coins and banknotes in all eurozone countries – but in virtual form. Apart from a few exceptions, every merchant is obliged to accept the digital euro as legal tender. It guarantees fast, secure and innovative payment. However, it is not equivalent to cryptocurrencies: The digital euro is issued and regulated as legal tender by the ECB. It is therefore just as secure as cash and is only subject to the usual fluctuations compared to currencies outside the eurozone. In contrast, cryptocurrencies are created on the internet independently of central banks and authorities. They have no relation to the usual currencies such as the euro or dollar and are subject to strong exchange rate fluctuations.

Despite these important differences, there are also some similarities: Digital euros as well as cryptocurrencies are both digital means of payment based on a blockchain solution. A digital wallet, a type of digital purse, is required in order to use these means of payment without having to open a bank account.
 

Digital euro: When?

In July 2021, the ECB decided to launch the Digital Euro Investigation Phase and implemented a project team within the ECB. Since then, the ECB has focused on technology and data protection.

In late June 2023, the EU Commission presented a legislative proposal for the digital euro.

The preparatory phase for the introduction of the digital euro began in November 2023 on the basis of a decision by the ECB Governing Council. Such phase is scheduled to last two years, i.e., until the end of 2025. At the end of this phase, the ECB will decide whether to pave the way for the market launch of the digital euro. This phase also includes the conclusion of discussions in the European Council and Parliament on the European Commission’s legislative proposal. It is not possible to predict which position will be able to secure a majority in Brussels and how the legislative proposal will change. However, it is fairly certain that the regulation will be adopted. This will clear the way for the ECB to introduce the digital euro and select providers who could develop a platform and infrastructure for a digital euro.

According to experts involved in the ECB’s “Digital Euro” project, it will take around four to five years before the digital euro is ready for the market. According to the current schedule, it is therefore not expected to be introduced until 2027/2028 at the earliest.
 

Advantages of the digital euro: everyday life, trade and industry

A digital euro would therefore be a payment solution for many occasions and could be used anytime and anywhere in the eurozone. The digital euro enables secure real-time payments – in brick-and-mortar retail, online or between private individuals, regardless of which country in the eurozone the parties involved are located in and which payment service provider they have an account with. With the digital euro, payment processes can be accelerated, automated and internationalized. It is envisaged that the digital euro will offer both online and offline functions so that it can also be used with a limited internet connection.

Currently, the payment landscape in the eurozone is still highly fragmented. A digital euro would be a pan-European payment solution that is accepted everywhere in the eurozone and therefore represents a simpler and more cost-effective alternative compared to existing payment solutions. The digital euro would strengthen the negotiating position of retailers in relation to payment solution providers. The financial benefits resulting therefrom could then be passed on to customers.

Industry can also take advantage of the digital euro, especially if it is made programmable, which is not yet certain due to the lack of a technical solution.
 

The digital euro could be implemented based on a distributed ledger technology (DLT). A DLT-based digital euro could be linked to smart contracts. Put simply, smart contracts are coded, DLT-based “if-then conditions” that lead to the automatic triggering of payments. This automation of transactions holds great potential for increasing efficiency, as DLT-based business transactions can be directly linked to payments. The following transactions could therefore be carried out:

  • Automated (micro)payments between machines (machine-to-machine, M2M) or physical objects (Internet-of-Things, IoT) based on conditions and performance
  • Bidirectional settlement of receivables between business partners
  • Integrated automatic payments in autonomous supply chains
  • Direct fulfillment of a service with the associated payment between business partners (delivery versus payment, DvP).

If the digital euro is designed with the above-mentioned features, completely new business models can emerge in the areas of Industry 4.0, logistics, mobility, energy and the machine economy.
 

What impact will the digital euro have on the financial sector?

The introduction of the digital euro will not make banks and other financial service providers redundant. In future, they will assume the role of supervised intermediaries used by the ECB to issue the digital euro and manage the wallets for end users. Ultimately, they will act as direct business partners for consumers, merchants and companies by providing all end-user services.

The introduction of the digital euro harbors the following opportunities and risks for the business model of banks and financial institutions:
 

Opportunities

  • Cross-border retail payments in the eurozone without additional costs for the customer
  • Reduction of dependency on a few internationally dominant providers for cross-border payments in the eurozone
  • Wallet management
  • Value-added services for deposit accounts required for the wallet due to a cap on CBDC holdings
  • Additional settlement processes

Risks

  • Credit crunch: Loss of traditional deposits for the refinancing of customer loans, for example, due to the transfer to CBDC holdings 
  • Digital bank run: risk of bank insolvency in times of crisis due to the withdrawal of deposits and their transfer to secure CBDC central bank money

Data protection for the digital euro

Data protection is an important aspect in the development of a digital euro, as it serves to protect privacy, which is a fundamental right.
The legislative proposal for the digital euro provides for the following level of data protection: When selecting the offline solution, anonymous offline payments are possible within the legal framework and are limited to cash-like amounts. This ensures that the digital euro has the characteristics of existing cash, which can be used anonymously.

When selecting the online option, there are no improvements to protect privacy. When opening an online account with the intermediary supervised by the ECB, various personal data is regularly collected. Further data are processed during the transfer of digital euros.

The ECB itself processes a large amount of personal data. The use and scope of these data are determined individually against the background of data minimization. Anonymity in relation to the ECB in connection with the processing of this personal data is to be ensured by appropriate technical and organizational precautions. These measures serve to ensure that the ECB cannot directly identify the users of the digital euro. In this context, the ECB repeatedly asserts that, unlike commercial payment providers, it has no commercial interest in the use of such data.

Like other digital infrastructures, the digital euro can also become the target of cyber-attacks. However, the ECB assures that it will use state-of-the-art technologies in order to minimize this risk and ensure the security of the digital euro.
 

Key aspects of the digital euro at a glance

The digital euro will only be successful if it is accepted by large sections of the population. Success factors for acceptance are its design as a legal tender and, when used in the offline version, the possibility of making anonymous payments, as with cash.

The customer does not have to establish a business relationship with a new payment service provider or the ECB. Instead, their house bank can provide the front-end service for the digital euro in relation to the ECB. However, in order to avoid negative effects on financial stability and financing structures, the digital euro will have a transaction limit in the single-digit thousands, meaning that an additional, conventionally managed account will be required for larger transactions.

Publications

Baker-Tilly_Staerk-Finanzpl-D_Elektr-Wertpapiere.pdf, 341 KB

Electronic securities

How do e-securities work and how will their introduction affect market participants? Whether in the role of issuer, issuing house or securities settlement agent, we have summarized all relevant information for you. ONLY AVAILABLE IN GERMAN.

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VentureCapital_7-2021-bakertilly.pdf, 145 KB

New impetus for start-up financing

When evaluating a start-up, the necessary parameters to assess the company are missing. For investors and start-ups, convertible loans can be a very good solution for this transitional period. Read all about the associated risks and opportunities in the publication. ONLY AVAILABLE IN GERMAN.

download PDF