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  1. Questions and Answers on MiFID II and MiFIR investor protection and intermediaries topics (ESMA35-43-349) (updated 15 December 2023)
  2. 3 Recording of telephone conversations and electronic communications [Last update: 3 October 2017]
  3. Question 8 Recording of telephone conversations and electronic communications from start to end [Last update: 10 October 2016]
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Version date: 10 October 2016 - onwards

Question 8 Recording of telephone conversations and electronic communications from start to end [Last update: 10 October 2016]

Art. 16(7) of MiFID II

Do relevant telephone conversations and electronic communications need to be recorded by the firm from start to end?

Answer 8

In ESMA’s view, the scope of the requirements require firms to record the entirety of telephone conversations and electronic communications. This is because it is impossible to appreciate upfront whether the conversation will lead to the conclusion of a transaction.

Therefore, ESMA expects firms to record all relevant telephone conversations or electronic communications from start to end.

Comparing proposed amendment...
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