03 March 2008

FSA publishes new rules on telephone recording

The FSA published new rules requiring firms to record telephone conversations and other electronic communications to help deter and detect market abuse in the UK.

From March 2009, firms will have to record all telephone conversations and electronic communications relating to client orders and the conclusion of transactions in the equity, bond, and derivatives markets.

The FSA consulted on the taping rules last year. In response to the comments received, the FSA conducted a further review of the cost-benefit analysis and discussed with the industry the scope and practicalities of the new rules.

The original proposals changed significantly following this work. The retention period for recorded calls and communications has been reduced from 3 years to 6 months. Mobile phone conversations have been exempted from the taping rules but this will be reviewed in 18 months time. In addition, discretionary investment managers will not be required to record telephone conversations and electronic communications with firms that are subject to the taping rules.

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