Surveillance Snippets: Striking the balance between communications surveillance and privacy
In persisting enforcements for recordkeeping failures, regulators stress the need to “reasonably supervise personnel” to detect and prevent possible violations. But how can firms ensure effective supervision when questions of privacy rights arise?
The FCA, WhatsApp, and recordkeeping
The FCA surveyed UK banks on the use of encrypted and unmonitored messaging apps like WhatsApp and Signal, with no specific enforcement action currently in the works. Firms must still ensure compliance with recordkeeping rules, regardless of technology used.
The Conduct Chronicles – The Emerging Risks of LinkedIn
As social media opens up new avenues of communication, businesses face a new set of challenges. From possibilities of insider trading to investment scams, firms must take the necessary precautions to mitigate these potential risks.
Regulatory Wrap episode 57: AI in surveillance- is 2025 the turning point?
In Regulatory Wrap for the week to April 4, Kathryn Fallah dissects shifting industry views around AI for 2025.
Is the SEC all in on AI following recent statements?
Speeches from Commissioner Hester Pierce and Acting Chairman Mark Uyeda suggest that the SEC may be taking a less prescriptive approach to AI technology moving forward.
Investment Advisers Act
The Investment Advisers Act is a longstanding rule for all registered financial advisers in the U.S. But even 84 years later – in 2024 – the Securities and Exchange Commission (SEC) brought settlements against two registered advisers for failing to establish, maintain, and enforce written procedures under the Investment Advisers Act.
With a changing of the regulatory guard, what are the implications for U.S. off-channel communications?
Susannah Hammond explores what recent changes at the SEC might mean for U.S off-channel communications and recordkeeping enforcements.
Regulators give firms a thumb’s down for not capturing emojis
Regulators are increasingly scrutinizing the use of emojis and avatars in communications within financial services, due to their potential for ambiguity and misuse. There is a growing need for enhanced monitoring to circumvent any risks and to capture misconduct.
The Conduct Chronicles – Conduct and Culture: Insights from the US Record Keeping fines
Culture is determined by more than just 'tone from the top', it requires ongoing effort and investment. Firms should also look to celebrate good behavior, and ensure incidents of bad behavior are being escalated.
What does the SEC’s new stance on crypto mean for regulation?
With the announcement of a new SEC crypto task force and suspension of legal proceedings against several crypto exchanges, are we witnessing the end of the “regulation by enforcement” era, or will there be more calls for crypto clarity?
Firms call for return to office: How can compliance tools support hybrid work?
As businesses return to work for 2025, financial services firms have made headlines with new, more stringent ‘return to office’ (RTO) policies. Does RTO mark the end of a ‘working from home’ (WFH) model for financial services, or can compliance technology mitigate the risks of hybrid work?