MiFID II: What Do You Need to Know?
Sheila McGee-Smith is a leading communications industry analyst and strategic consultant with a proven track record in new product development, competitive assessment, market research, and sales strategies for customer care solutions and services. Her insight helps enterprises and solution providers develop strategies to meet the escalating demands of today’s consumer and business customers.
If you work in the financial services sector, you’ve likely seen news articles and heard IT, operations and other company managers and executives talking about the impending MiFID II regulation. It’s likely been a topic of conversation for months, if not years. Recently, The Washington Post began an article about MiFID II saying, “The impact of new market rules sweeping across Europe has been likened to motorists suddenly being told they must drive on the other side of the road.”
While the statement may seem like hyperbole to some, for those who work in financial services the statement will have the ring of truth. They have been working for years to create and refine practices and systems to be compliant with a European Union directive that became effective January 3, 2018: the Markets in Financial Instruments Directive II or MiFID II.
An original MiFID was enacted in 2004, prior to the 2008 global financial crisis. Ad hoc changes were made by individual countries to address issues that resulted from the crisis. These issues are being addressed through MiFID II, which harmonizes the rules for all firms with EU clients, across all countries. The main goals of the MiFID II are:
- Customer protection
- Increased financial product governance
- Unbundling of advice from the sale of financial instruments
- Broader scope of supervision to include equity and non-equity trading
- Firms must take “all sufficient steps” to ensure that transactions are executed in the best interest of customers
- A considerable increase in the requirements for transaction data reporting
From an enterprise communications perspective, the aspect of MiFID II which is relevant is that it requires the capture of all communications and orders intended to lead to an execution of a trade, even if the transaction is not actually finalized during the interaction.
Penalties for non-compliance are set by the regulatory agencies in each European Union country. The first fine for non-compliance of the 2004 MiFID directive was given out to Barclays for inaccurate transaction reporting. Barclays’ fines totaled £2.45 million for their inaccuracies between 2006 and 2008. Since then, published reports say that banks have paid over $204 billion in compliance-related fines and infractions.
Every day, millions of transactions are reported by hundreds of trading venues, for thousands of different financial instruments. As a result, the potential for individual company fines of tens of millions of dollars is very real.
If, like so many companies, you are not sure if your current recording procedures will be sufficient to meet the requirements of MiFID II, the time is now to prioritize an assessment. Businesses need a comprehensive review of their compliance across all channels – phone, email, and SMS – to meet the new regulations. In addition, they need to demonstrate that policies, procedures and management oversight of the MiFID II recording and monitoring rules are in place.
If this post has made you wonder whether MiFID II regulations apply to your firm or what types of transactions need to be recorded and which do not, download the white paper MiFID II: What it Means For Your Organization? It gives a more extensive review of the MiFID II regulations and answers questions about what geographies are impacted, what types of firms are affected and how the new transaction recording rules are different from the rules in effect today.