How To Comply With MiFID Phone Recording Requirements
If
you are a business person, you need to make sure that you comply with MiFID
phone recording requirements. The coronavirus pandemic brought multiple
challenges to financial institutions, especially regarding compliance to MiFID
II requirements. Credit institutions and investment firms are supposed to record
all telephone conversations that are connected with the investment services and
activities’ performance, except the operations of Multilateral Trading
Facilities and Organised Trading Facilities.
In
the early stages of the pandemic when there were lockdowns, people had to opt
for work from home setups which made it challenging to comply with MiFID II’s
regulatory requirements. As a company owner, it is imperative that you take
reasonable steps to record voice calls and prevent your employees from making,
sending, receiving phone calls on a privately-owned device that the firm cannot
record.
Due
to the circumstances brought by the pandemic, the European Securities and
Markets Authority, recognizes that recording relevant telephone conversations
may not be practicable for firms. Even though capturing phone calls may not be
attainable, ESMA still expects firms to take alternative steps to record calls.
You
need to know the steps to take to comply with MiFID
call recording requirements. During the pandemic, financial institutions
faced problems with setting up a new working environment for their employees. There
were so many issues that were experienced ith remote working, some of them
being slow trading speeds and balancing the firms’ regulatory obligations with
the traders’ right to privacy.
Monitoring
market abuse became more challenging because the traders are now free from the
physical supervision and monitoring on a trading floor. Also, the families of
the traders could hear the phone calls or see the screens containing market-sensitive
information. While confidentiality is always very important in financial
institutions, traders may not be able to keep their activities secure, mostly
when they use their personal electronic devices. This issues needs to be
addressed to ensure the firms can monitor employee communications and comply
with MiFID call recording requirements.
For more information on MiFID phone
recording, visit our website at https://www.telemessage.com/
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