The first month of 2017 started the countdown to the implementation of MiFID II and associated regulations. As the finer details emerge (including some Q&As from ESMA over the festive break around best execution and transaction reporting) we await publication in the official journal, making it feel like the starting gun has been well and truly fired. The extra year’s grace to full implementation suddenly seems a very short period as the sands of time counting down to ‘go live’ rapidly slip away.
Although the framework regarding the ex-ante and ex-post cost transparency seems to be well defined by ESMA in MiFID II, a number of questions remain unanswered and leave the directive open for misinterpretation, confusion and potential conflicts between customers and their financial institutions or brokers. In this article we try to provide the ingredients to help you understand the transparency obligation and its impact on both consumers and your business.
With MiFID II implementation high on financial firms’ agenda, there is going to be a major change in the way that trading communications are recorded and stored. Both mobile and electronic trading communications have increased significantly over the last few years, which is reflected in the new rules that extend the scope of communication recording and surveillance to include all types of interactions, including text, IM, email, mobile, and social media. This is an ever-growing challenge for financial firms who must capture data from all their regulated users involved in pre-, during and post-trade activities and include communications from far beyond the trader’s turret.