"Crowdlending" o préstamo en masa y evaluación de la solvencia del promotor de la financiación

Zusammenfassung

Crowdfunding platforms are analyzed in this paper, paying special attention to its instrumentation through the loan contract (crowdlending), in particular, it studies the problem creditworthiness assessment of financing promoters and the difficulties of access by platforms to reliable solvency data. Regulatory failures lead to a significant lack of investor protection in this type of platforms because of the lack of transparency in the credit risk assessment process of the promoter of the financing, the lack of publicity of delinquency data. The opacity of solvency data generated by these platforms could negatively affect the functioning of the traditional financial system. The difficulties in access by financing platforms to reliable solvency data have led, among other factors, to the use of data obtained from social networks to assess credit risk, using artificial intelligence techniques, procedures that pose regulatory challenges from the point of view of personal data protection regulation.