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MiFiD II Org Reg, Art 76

Requires investment firms to record telephone conversations and electronic communications that relate to client orders, transactions, and proprietary trading.

Rule Overview

Jurisdiction: European Union

Regulator: ESMA

Topic: Recordkeeping

Commission Delegated Regulation (EU) 2017/565
Overview
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  • The firm’s recording policies and procedures must be:
    • set out in writing;
    • appropriate to the size and organization of the firm; and
    • appropriate to the nature, scale and complexity of its business.
  • Senior management must oversee and control the firm’s recording policies and procedures.
  • Recording arrangements must be technology-neutral and reviewed regularly to ensure they remain effective. The firm must update its controls and procedures as needed, including whenever it adopts or permits a new communication channel.
  • To verify compliance with recording and recordkeeping requirements, the firm must periodically monitor:
    • recorded transactions;
    • orders; and
    • related communications.
  • Monitoring must be risk-based and proportionate.
  • Records must be stored in a durable, tamper-resistant format that allows them to be replayed or copied. Records must be:
    • readily accessible;
    • available to clients upon request; and
    • maintained with appropriate quality, accuracy, and completeness.
  • Record retention periods begin on the date the record is created.

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