GDPR removes the requirement for data controllers to register with the ICO; however, new regulations require all data controllers to continue paying the ICO an annual fee.
A fifth revision of the Anti-Money-Laundering Directive has been adopted by the European Parliament; EU Member States will have up to 26 months to transpose these new rules once the 5th AMLD is published in the Official Journal.
The FCA are consulting on changes to the Financial Crime Guide to keep it up to date, proposing to add a chapter on insider dealing and market manipulation and make miscellaneous changes.
In its Business Plan for 2018/19, the FCA shows mitigating the effect of Brexit is its key priority for the coming year, supplemented by seven priorities across the financial sectors it regulates and other priorities within each of those seven sectors.
FCA warns it will take action against general insurance firms which are failing to clearly show the insurance premium a customer paid last year alongside their proposed renewal premium and to encourage customers to shop around.
ESMA has published the first part of its Technical Advice under the new Prospectus Regulation, covering the areas of format and content of a prospectus (including the Universal Registration Document), the EU Growth prospectus and the scrutiny and approval of a prospectus.
The FCA has published new rules on pension transfer advice and is seeking views on additional changes, including adviser charging structures. The new rules and areas for discussion aim to improve the quality of pension transfer advice to help consumers make informed decisions for their individual circumstances.
ESMA has announced a ban on the provision of binary options to retail investors in the EU and placed restrictions on the provision of contracts for differences, including rolling spot forex and financial spread bets, to retail investors in the EU. The FCA supports ESMA’s application of EU-wide temporary product intervention measures and expects to consult on whether to apply these measures on a permanent basis.
Are you ready? On 25 May 2018, the GDPR will come into effect for all firms operating within Europe as well as firms outside of Europe which have data come in from, go through, or end up in, the European Union. As part of this regulation, individuals will be afforded enhanced rights regarding their data.
ESMA has updated its Q&As on the Markets in Financial Instruments Directive and Regulation, the Market Abuse Regulation, the Benchmarks Regulation, and the Central Securities Depository Regulation
The Draft UK EU Withdrawal Agreement published on 19 March 2018 contains no mention of the financial services industry whilst confirming that the transitional period will last from Brexit day on 29 March 2019 until 31 December 2020.
The European Commission (“EC”) have published a proposed directive and a proposed regulation amending Directive 2011/61/EU on Alternative Investment Fund Managers (“AIFMs”) and Directive 2009/65/EC on undertakings for collective investment in transferable securities (“UCITS”) to facilitate cross-border marketing of funds, including pre-marketing under the AIFM Directive.
The date and time of the publication of the SONIA benchmark is changing on Monday 23 April 2018. Friday 20 April 2018 will be the final day for which SONIA will be calculated and published by the Wholesale Market Brokers’ Association (“WMBA”) using the current methodology.
Over the summer of 2018, the London offices of the Financial Conduct Authority (“FCA”) are relocating from 25 The North Colonnade, Canary Wharf, London E14 5HS and 1 Canada Square, Canary Wharf, London E14, to a new location in The International Quarter of Stratford: 12 Endeavour Square, London E20 1JN.
The Financial Conduct Authority (“FCA”), via a specific webpage entitled ‘Survey for EEA inbound passported firms’, are asking all firms they solely regulate that passport into the UK (either via a branch or on a cross-border services basis) or market funds in the UK to complete a short online survey.
The Financial Conduct Authority (“FCA”) has changed its main telephone number for consumers from 0845 606 1234 to 0800 111 6768. The number is for Consumers (and people representing consumers) to call the FCA on 0800 111 6768 (freephone) or 0300 500 8082 from the UK, or +44 207 066 1000 from abroad. This number is answered Monday to Friday, 8am to 6pm, and Saturday from 9am to 1pm.
The FCA and PRA have been reviewing firms’ algorithmic trading activity and have issued supervisory publications. For firms solo-regulated by the FCA, please refer to the FCA publication. Firms regulated by the PRA and FCA should refer to both publications. Firms operating in wholesale markets increasingly use algorithms for a number of purposes across their trading activity. In particular, driven by the rise in electronic trading platforms and the increased availability of data, algorithms are now often used for making both execution and investment decisions. It is essential that key oversight functions, including compliance and risk management, keep pace with technological advancements.
The Financial Conduct Authority (“FCA”) have stated that compliance with the EU General Data Protection Regulation (“GDPR”) is now a board level responsibility, and that firms must be able to produce evidence to demonstrate the steps that they have taken to comply.
Under SM&CR proposals, only Senior Managers will appear on the FS Register; CF10As for Core and Limited Scope firms, CF28s, CF29s, and CF30s would not appear. FCA will consult on maintaining a central public record of these important individuals in FCA-regulated firms.
The FCA is consulting in CP18/4 on the EU Money Market Funds (“MMF”) Regulation, which came into force on 21 July 2017 and applies to new MMFs from 21 July 2018 and to existing MMFs from 21 January 2019. The FCA and the Treasury have identified areas of the UK regulatory framework that require changes.