Karsten Wenzlaff, Advisor
August 26th, 2025
Competition | Feb 12, 2024

Image: Unsplash/hisuccc
Today technology companies have grown to unprecedented sizes, their influence permeates every facet of our daily lives. From how we communicate and consume media to the way we shop and interact with the world around us, tech giants like Google, Meta (formerly Facebook), Amazon, and others have become central to our digital existence.
Recently, there's been a shift in how governments approach the regulation of tech giants:
Competition law has emerged as a key tool in establishing checks and balances against the monopolistic tendencies of Big Tech. The landmark judgment in Meta Platforms and Others v Bundeskartellamt by the Court of Justice of the European Union (CJEU) underscored this point, linking breaches of the EU General Data Protection Regulation (GDPR) to abuses of dominant market positions. This case, among others, highlights a growing recognition of the need to adapt legal frameworks to address the unique challenges posed by the digital economy.
In 2021, the Canadian Competition Bureau launched an investigation into Google's alleged anti-competitive practices, focusing on the tech giant's dominance in the online advertising market. This investigation is a critical example of how competition law is applied to ensure that the digital economy remains competitive and innovative.
Beyond governmental action, private litigation has proven to be a potent tool in holding tech companies to account. High-profile cases, such as Google's settlement over privacy allegations in its "incognito" mode, have brought significant public attention to the practices of these corporations. These legal battles, while challenging, play a crucial role in ensuring that tech giants cannot operate above the law.
Ben Lasserson, Partner, Mishcon de Reya:
Each of the Big Tech giants is essentially a monopolist in their own ecosystem

Image: Unsplash/Matthew Henry
The goal is to create a digital ecosystem where tech companies can thrive and innovate while ensuring they do not abuse their market power to the detriment of consumers and smaller competitors. Here are some key best practices:
the path to regulating tech giants will undoubtedly require a concerted effort from all stakeholders. The outlined best practices offer a roadmap for creating a digital environment that prioritizes consumer welfare, fosters healthy competition, and encourages innovation.
By embracing these principles, regulators can ensure that the benefits of the digital age are widely shared, preventing monopolization by a few dominant players. The journey is complex, but through vigilance, adaptability, and collaboration, we can shape a digital ecosystem that benefits all, characterized by innovation, fairness, and respect for individual rights.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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News | Jan 23, 2024

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The Emergencies Act, invoked for the first time in Canadian history, granted law enforcement extraordinary powers to remove and arrest protesters, and allowed the government to freeze the finances of those connected to the protests. This decision was made in response to protests that clogged key arteries in Ottawa and blocked border points, primarily driven by dissatisfaction with the government's COVID-19 policies, including vaccine requirements.
Federal Court Justice Richard Mosley stated that the situation created by the protests did not meet the threshold of a national emergency as defined by the Canadian Security Intelligence Service. He emphasized that the invocation of the Emergencies Act was "unreasonable and ultra vires," a Latin term meaning beyond the powers of the law. Mosley's decision also highlighted that the economic orders issued under the Act infringed on protesters' Charter rights, particularly concerning freedom of expression and unreasonable search and seizure.
Federal Court Justice Richard Mosley:
I conclude that there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable and ultra vires. "Ultra vires" is a Latin term used by courts to refer to actions beyond the scope of the law.
This ruling and the subsequent appeal highlight the ongoing tension between government authority and individual rights. Businesses, particularly those operating in sectors sensitive to national security and public order, must navigate the legal landscape. The decision also underscores the importance of transparency and justification in government actions, especially when they infringe on civil liberties.
You may also recall that when the Canadian federal government invoked the Emergencies Act to address disruptions in Ottawa, they extended anti-money laundering and anti-terrorist financing (AML/ATF) obligations to donation crowdfunding platforms and certain payment service providers temporarily and without prior notice. Then following the revocation of the Emergency Economic Measures Order on February 23, 2022, the government announced plans to permanently implement these AML/ATF requirements for donation crowdfunding. Consequently, new regulatory amendments now mandate AML/ATF registration, reporting, and compliance for donation crowdfunding services and some payment service providers in Canada, expanding the scope of regulation that already included equity/investment and loan crowdfunding platforms. For more details, see the official publication at Canada Gazette.
NCFA Canada still believes and we quote: "In summary, the regulations are ineffective, burdensome, anti-competitive, and damaging to both the domestic donation crowdfunding sector and the Canadian nonprofit/charitable sector. The goal of protecting Canadians from money laundering and terrorism is laudable, but these regulations should be scrapped, and new regulations drafted in full consultation with stakeholders.” – Daryl Hatton, Founder/CEO, FundRazr
Deputy Prime Minister Chrystia Freeland announced the government's intention to appeal the decision, emphasizing the gravity of the threats faced by Canada at the time. The government has consistently argued that the measures taken were targeted, proportional, and temporary. This stance is supported by the findings of a mandatory inquiry led by Commissioner Paul Rouleau, which concluded that the government met the high threshold needed to invoke the Emergencies Act.
Justice Minister Arif Virani:
"[Rouleau's] decision stands at odds with the decision that was rendered today and I think that is important and that also informs our decision to appeal."
As the government appeals this decision, the business community and the public at large will closely watch the evolving legal interpretations and their implications for governance and civil rights in Canada.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Partnership | Release | Jan 17, 2024
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TORONTO, January 17, 2024 - Minerva, a trailblazer in AML technology, has announced the initiation of its channel partner program. This strategic development includes Equifax Canada, a global leader in data, analytics, and technology, as its inaugural partner. This collaboration is set to expand the accessibility and capabilities of Minerva’s AML compliance technology.
Minerva, renowned for its proactive AML platform, is instrumental in identifying client risks from the initial onboarding stage through to exit, aiding top compliance teams in preempting financial crime. The company's clientele spans prominent financial organizations and enterprises across the US and Canada, including names like MOGO, SBI Canada Bank, and Coinbase.
The channel partner program is designed to provide partners and their customers with direct access to Minerva’s state-of-the-art AML risk assessment solutions. These solutions are crucial for ensuring compliance with evolving regulations and for proactive protection against financial crime. The program is tailored for organizations that aim to resell, cosell, integrate, or refer Minerva’s AML solutions, enhancing their customer relations and market presence.
Equifax Canada, the first partner in this program, is a powerhouse in providing unique data and analytics solutions, powered by advanced cloud technology. This partnership will enable Equifax Canada’s customers to leverage Minerva’s advanced AML solutions, furthering their commitment to combat financial crime.
Jennifer Arnold, co-founder and CEO of Minerva:
“After a year of meticulous planning and collaboration to provide best in class solutions for our customers, we have now formalized our partnership with Equifax Canada. Together, we are poised to deliver an unrivaled AML compliance and fraud protection offering. By coupling Equifax Canada’s robust customer relationships and fraud expertise with our sophisticated AML compliance solutions, Canadian businesses will now be even more empowered to thrive in a secure financial environment.”
Minerva stands as a RegTech leader, founded by AML industry experts, aimed at transforming AML compliance. The company’s proactive platform employs advanced deep learning models and neural networks to analyze data across multiple languages, aiding compliance teams in staying ahead of financial crime. Minerva’s platform is adept at creating detailed customer profiles and predictive risk analyses in real-time, making it a trusted partner for financial institutions seeking swift and accurate risk assessment results. For more information, visit gominerva.com.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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Digital Identity | Nov 28, 2023

Image by pressfoto on Freepik
Syngrafii's strategic integration helps secure electronic signatures, addressing the evolving needs of regulatory bodies and combating financial crimes like mortgage and auto loan fraud. The integration not only streamlines the identity verification process but also fortifies compliance with KYC, KYB, and AML protocols, setting a new standard in the digital signing realm.
By ensuring higher levels of security and compliance, Syngrafii and Trulioo are not only enhancing the trustworthiness of digital signatures but are also paving the way for safer, more reliable online transactions across various sectors. This is a noteworthy milestone along the journey towards a safer digital future.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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AI and Payment Innovation | Oct 10, 2023

Image: Unsplash/Deividas Toleikis
"The more invisible a payment is, the smarter it is," a notion that encapsulates the essence of the evolving payment grid. Largely unseen and innovating at an unprecedented speed, crafting a smart grid that intertwines with our digital interactions. The invisibility here is not an absence but a subtle, intelligent presence that facilitates, secures, and enhances every transaction.
A pivotal focus for the future of payments is the emphasis on proving identity. The shift from credential-based payments, such as card information, to identity-based validations, underscores a transition towards a more secure and personalized financial ecosystem. The digital ID doesn’t merely serve as a verification tool; it becomes an integral part of the user’s digital persona, ensuring transactions are not just secure but also inherently tied to the individual, not just the credentials.
The potential incorporation of blockchain technology could revolutionize the way financial institutions interact and share data securely amongst each other. Imagine a grid where banks and financial entities could validate details in a payment before it’s sent, ensuring absolute accuracy and significantly speeding up the process. This shift is a redefinition of trust and reliability in the digital finance domain.
Imagine payment data that doesn’t just validate but “talks back” through virtual assistants, providing real-time insights, suggestions, and even predictive analyses of spending patterns. This isn’t just smart; it’s intuitive, crafting a financial interaction that’s tailored, insightful, and inherently secure.
The irony isn’t lost when we consider AI being utilized to combat fraud, which is being perpetuated at an “industrial pace” by AI itself. It’s a synthetic battle, where AI systems are locked in a perpetual chess match, one trying to outwit the other, crafting a scenario where the technology becomes both the shield and the sword in the financial realm.
In the convergence of the smart grid and smart money, the future of finance is not just about transactions but about intelligent, secure, and personalized interactions. It’s a future where your identity is not just a validator but a two-way communicator, where AI facilitates, protects, and advises in your financial journey.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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