The rules that came into effect in October 2020 arrived under a headline objective of ‘banning contingent charging’. Inevitably, the simple rule required to achieve this seemingly straightforward outcome had to be accompanied by a fairly large retinue of supplementary rules and guidance. Definitely a case of the devil being in the detail. Much of […]
The Financial Conduct Authority (FCA), in May 2021, issued a Dear CEO letter entitled “Action needed in response to common control failings identified in anti-money laundering frameworks”. While this letter was issued to banks only, many of the key takeaways of the letter have wider application, notably within the financial advice sector. A copy of […]
We have recently issued a couple of newsletter articles relating to the changes being implemented by policy statement 21/05 “General Insurance Pricing Practices Market Study” that can be accessed from here. To assist our clients, ATEB has mapped the relevant rules for distributors to help them be ready when the changes are to be implemented. […]
We have made a change to ATEB Suitability following a recent regulatory development. What does this mean for me? Following the Draft Finance Bill published on 20 July 2021, we have updated the wording of our ‘Proposed changes to Normal Minimum Pension Age (NMPA)’ section within the ‘Retirement Advice’ page of the main […]
Since MiFIDII came into effect in 2018, it has been a requirement on firms to take reasonable steps to record all telephone calls, and keep a copy of electronic communications, that relate to the activities in financial instruments referred to in SYSC 10A.1.1R(2) (and that are not excluded by SYSC 10A.1.4R), and that are made […]
We wrote with details of the latest FCA survey. You can read those details here. The FCA has now extended the response dates as indicated below. “On 19 July 2021, we sent the below e-mail informing you of our plans to issue a Covid-19 Impact Survey to firms in Tranche 1 for a […]
We have written before about ‘ethical’ or ‘sustainable’ investing, most recently here, in recognition of the increasing presence of and interest in ESG funds. The rules that were to have been implemented this year, requiring advisers to consider clients’ sustainable investment preferences, did not materialise as a result of the UK withdrawal from the EU. […]
“I’ve started so I’ll finish …”. A well known catchphrase first coined by Magnus Magnusson, the original presenter of the BBC’s long running Mastermind show and continued by his successor, John Humphreys. The FCA seemed to pick up on the concept in the pension transfer rules that came into force in April 2018. If the […]
The FCA has advised; Many of you will be aware that we issued the first phase of the Covid-19 Impact Survey in June 2020, covering around 13,000 firms across 15 Supervision portfolios (Tranche 1), and then rolled this out to a further 9,500 firms in 21 portfolios (Tranche 2) at the beginning of August 2020. […]
Our new website is www.thistleinitiatives.co.uk. There will be no further posts here from ATEB Compliance. You can keep up to date with all of our usual regulatory and company updates here going forward.
Data protection – children, third-parties and lawful basis
Alistair MacDougall Compliance PI, protection
We have written before (see here) about the situation where a privacy notice (and if required, consent) is covered with say, one party of a couple but where that individual then provides personal data about his or her partner. In our experience, many firms are still not handling this correctly. Children Under the regulations, for […]