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MiFID II
Your Call Recording
Obligations Explained
www.ghmcommunications.com
“A firm must take all reasonable steps to record
telephone conversations, and keep a copy of electronic
communications” in relation to in-scope activities.
In-scope conversations include those that:
•	Are directly related to the conclusion
of the transaction; or
•	Intended to result in a transaction insofar as those
calls are linked to a reasonable prospect of the firm
bringing about a transaction by its own volition; and
•	On equipment provided by the firm to an
employee or contractor or the use of which
by an employee or contractor has been
accepted or permitted by the firm.
The Overarching Obligation
1
“A firm must take all
reasonable steps to prevent
an employee or contractor
from making, sending, or
receiving relevant telephone
conversations and electronic
communications on
privately-owned equipment
which the firm is unable
to record or copy”.
Personal Device Rules
2
You should:
•	Keep for five years from the date of the
conversation or communication unless the
FCA requests a period of seven years
•	Access them readily and to reconstitute each key
stage of the processing of each transaction
•	“Audit trail” over amendments to records
•	Efficient exploitation when the analysis of
the data cannot be easily carried out due to
the volume and the nature of the data
•	Investment firms shall keep and regularly
update a record of those individuals who have
firm devices or privately-owned devices that
have been approved for use by the firm.
Additional Rules
3
Records shall be stored in a durable medium,
which allows them to be replayed or copied and
must be retained in a format that does not allow
the original record to be altered or deleted.
Records shall be stored in a medium so that they
are readily accessible and available to clients on
request. Firms shall ensure the quality, accuracy
and completeness of the records of all telephone
recordings and electronic communications.
Storage Rules
4
“Investment firms
shall ensure that the
arrangements to comply
with recording requirements
are technology-neutral.”
Technology Rules
5
Sales
Could be arranging deals in investments but
note the AIFMD/UCITS marketing exemption
Investment analyst
•	Might not be undertaking
regulated activities directly
•	Would depend on whether
they are a CF30
Portfolio manager
Instructing brokers or internal dealing desks
Trader
As portfolio manager above
Middle office
Querying orders and inputting corrected
terms not CF30 but scope could be wider
Back office
Might not be undertaking regulated
activities directly
Which level of employees should be recorded?
6
GHM Communications provides
both complete telephone
systems with call recording
included as standard, or call
recording as an add on solution
for your existing system.
Contact one of our Call
Recording/Telephony experts
for more information.
The Solution
7
Tel: 01865 367111
www.ghmcommunications.com

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MiFID II - Your Call Recording Obligations Explained

  • 1. MiFID II Your Call Recording Obligations Explained www.ghmcommunications.com
  • 2. “A firm must take all reasonable steps to record telephone conversations, and keep a copy of electronic communications” in relation to in-scope activities. In-scope conversations include those that: • Are directly related to the conclusion of the transaction; or • Intended to result in a transaction insofar as those calls are linked to a reasonable prospect of the firm bringing about a transaction by its own volition; and • On equipment provided by the firm to an employee or contractor or the use of which by an employee or contractor has been accepted or permitted by the firm. The Overarching Obligation 1
  • 3. “A firm must take all reasonable steps to prevent an employee or contractor from making, sending, or receiving relevant telephone conversations and electronic communications on privately-owned equipment which the firm is unable to record or copy”. Personal Device Rules 2
  • 4. You should: • Keep for five years from the date of the conversation or communication unless the FCA requests a period of seven years • Access them readily and to reconstitute each key stage of the processing of each transaction • “Audit trail” over amendments to records • Efficient exploitation when the analysis of the data cannot be easily carried out due to the volume and the nature of the data • Investment firms shall keep and regularly update a record of those individuals who have firm devices or privately-owned devices that have been approved for use by the firm. Additional Rules 3
  • 5. Records shall be stored in a durable medium, which allows them to be replayed or copied and must be retained in a format that does not allow the original record to be altered or deleted. Records shall be stored in a medium so that they are readily accessible and available to clients on request. Firms shall ensure the quality, accuracy and completeness of the records of all telephone recordings and electronic communications. Storage Rules 4
  • 6. “Investment firms shall ensure that the arrangements to comply with recording requirements are technology-neutral.” Technology Rules 5
  • 7. Sales Could be arranging deals in investments but note the AIFMD/UCITS marketing exemption Investment analyst • Might not be undertaking regulated activities directly • Would depend on whether they are a CF30 Portfolio manager Instructing brokers or internal dealing desks Trader As portfolio manager above Middle office Querying orders and inputting corrected terms not CF30 but scope could be wider Back office Might not be undertaking regulated activities directly Which level of employees should be recorded? 6
  • 8. GHM Communications provides both complete telephone systems with call recording included as standard, or call recording as an add on solution for your existing system. Contact one of our Call Recording/Telephony experts for more information. The Solution 7 Tel: 01865 367111 www.ghmcommunications.com