The Rules and Regulations Our Platform Answers

Our platform helps firms improve digital conduct and answer record-keeping and financial promotion requirements.

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The MirrorWeb Platform helps firms meet the requirements set forth from regulatory bodies including the FCA (Financial Conduct Authority), ESMA (European Securities and Markets Authority), FINRA (Financial Industry Regulatory Authority) and SEC (Securities and Exchange Commission).

Our archiving and supervisory technology ensures compliance with legislation covering financial promotions, digital communications, record-keeping, and MiFID II. To help provide clarity, we've identified all of the rules and regs we help answer below...
FCA COBS 4.11.1 - Financial Promotion Record-Keeping
FCA COBS 4.11.1 - Financial Promotion Record-Keeping

A firm must make an adequate record of any financial promotion it communicates or approves, other than a financial promotion made in the course of a personal visit, telephone conversation or other interactive dialogue.

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FCA COBS 4.2.1 - Financial Promotions Compliance
FCA COBS 4.2.1 - Financial Promotions Compliance

A firm must ensure that a communication or a financial promotion is fair, clear and not misleading.

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SYSC 10A.1.6 - Electronic Communications Record-Keeping
SYSC 10A.1.6 - Electronic Communications Record-Keeping

A firm must take all reasonable steps to record telephone conversations, 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).

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MiFID II Article 16 (3) - Financial Promotion Approvals
MiFID II Article 16 (3) - Financial Promotion Approvals

An investment firm that manufactures financial instruments for sale to clients shall maintain, operate and review a process for the approval of each financial instrument and significant adaptations of existing financial instruments before it is marketed or distributed to clients.

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MiFID II Article 16 (6) - Record-Keeping Requirements
MiFID II Article 16 (6) - Record-Keeping Requirements

An investment firm shall arrange for records to be kept of all services, activities and transactions undertaken by it which shall be sufficient to enable the competent authority to fulfill its supervisory tasks and to perform the enforcement actions under this Directive.

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MiFID II Article 16 (11) - Regulator Access
MiFID II Article 16 (11) - Regulatory Access

In the case of investment firms, the competent authority of the Member State (in which the branch is located shall), without prejudice to the possibility of the competent authority of the home Member State of the investment firm to have direct access to those records.

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PERG 8.22.1 - The Internet & Financial Promotions
PERG 8.22.1 - The Internet & Financial Promotions

The Internet is a unique medium for communicating financial promotions as it provides easy access to a very wide audience. At the same time, it provides very little control over who is able to access the financial promotion.

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PERG 8.22.2 - Capturing Financial Promotions
PERG 8.22.2 - Capturing Financial Promotions

If a website or part of a website, operated or maintained in the course of business, invites or induces a person to engage in investment activity or to engage in claims management activity, it will be a financial promotion.

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FINRA 2210 (4) - Record-Keeping for Communications
FINRA 2210 (4) - Record-Keeping for Communications

Members must maintain all retail communications and institutional communications for the retention period required by SEA Rule 17a-4(b) and in a format and media that comply with SEA Rule 17a-4.

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How the MirrorWeb Platform helps

Explore our guide which explains how the MirrorWeb Platform helps firms satisfy record-keeping and financial promotion compliance requirements.

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Outcomes Not Outputs.


We believe that firms need to focus on the outcomes of regulatory requirements as opposed to just meeting them, this will ensure they answer what the regulators are driving at and help future-proof the solutions they implement.

Our technology has been built with this in mind, ensuring firms are able to manage and supervise their digital content. With the MirrorWeb Platform the ability to record, store and retrieve digital communications has never been easier. 
 

Digital Communications Compliance

FG15/4: The FCA's Guidance to Financial Promotions Across Digital Communications & Social Media

What Are Your Record-Keeping Obligations?

What Are Your Record-Keeping Obligations?

Firms should keep adequate records of any significant communications. As well as helping to protect consumers, these records enable the firm to deal effectively with any subsequent claims or complaints.

Firms should not rely on digital media channels to maintain records, as they will not have control over this.

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What Is A Financial Promotion?

What Is A Financial Promotion?

Any form of communication is capable of being a financial promotion, depending on whether it includes an invitation or inducement to engage in financial activity.

For example, this would include website content including banners or changeable text, or ‘advergames’ where promotional messages are placed in entertainment applications.

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What Is Classified As Social Media?

What Is Classified As Social Media?

Social media can be defined as ‘websites and applications that enable users to create and share content or participate in social networking’.

The following is a non-exhaustive list: blogs, microblogs, social and professional networks, forums, image and video-sharing platforms.

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