ESMA_QA_1775
Topic
Recording of telephone conversations and electronic communications
10/10/2016
Subject Matter
Recording of telephone conversations and electronic communications
Question
MiFID II enables clients to request access to records of their telephone conversations and electronic communications with the firm. Does this right also cover internal communications within the firm?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries
ESMA_QA_1774
Topic
Recording of telephone conversations and electronic communications
10/10/2016
Subject Matter
Recording of telephone conversations and electronic communications
Question
Do relevant telephone conversations and electronic communications need to be recorded by the firm from start to end?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries
ESMA_QA_1773
Topic
Recording of telephone conversations and electronic communications
10/10/2016
Subject Matter
Recording of telephone conversations and electronic communications
Question
Is the recording of telephone conversations and electronic communications a critical or important operational function for the purposes of the outsourcing rules?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries
ESMA_QA_1772
Topic
Recording of telephone conversations and electronic communications
10/10/2016
Subject Matter
Recording of telephone conversations and electronic communications
Question
Is the compliance function sufficient to fulfil the requirement to periodically monitor the records of transactions and orders? Or should it be a separate, specifically organised function?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries
ESMA_QA_1771
Topic
Recording of telephone conversations and electronic communications
10/10/2016
Subject Matter
Recording of telephone conversations and electronic communications
Question
What types of electronic communications are within the scope of the new requirements?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014 - Investor Protection and Intermediaries