RegTech Intelligence
The European Securities and Markets Authority (ESMA) set out its five-year data strategy aimed at reducing financial services firms' compliance burden and establishing itself as an enhanced data hub. "We want to contribute to reducing the compliance burden for companies and facilitate data reporting by means of increased standardisation and the use of modern IT…
The next five years are shaping up to be the most strategic period of regulatory engagement on industry data since the financial crisis. ESMA’s new 5 year data strategy illuminates a well thought through path to achieving real transparency though technology-enabled data hubs that cover the full scope of current and new capital markets activity.…
The European Securities and Markets Authority (ESMA) will look at potential risks in neo-brokers' business models after MEPs raised concerns about payment for order flow (PFOF), short selling and market abuse. Tuesday's ECON session at the European Parliament was dedicated to discussing the GameStop market event and its impact on EU markets. Steven Maijoor, ESMA's…
The European Securities and Markets Authority's (ESMA) extensive proposed guidance to the Market Abuse Regulation (MAR) could force the UK Financial Conduct Authority (FCA) to make some early decisions to diverge from the regime. "One of the questions is what does the FCA really think about the MAR review? This is where the rubber begins…
On 31 January 2017, ESMA published a consultation paper seeking feedback by the end of Q1 on its draft guidelines regarding the transfer of data between trade repositories (TRs) and it is expected to publish the final report on these guidelines by the end of Q2/beginning of Q3 of 2017. The three main reasons for…
On 19 December 2016, ESMA published its Q&A paper on the topic of commodity derivatives within MiFID II and MiFIR. The document focuses on the promotion of supervisory approaches and practices for the application of position limits, position reporting and ancillary activity provisions. It also provides clarity on the technicalities of the policy and the…
In December 2015, ESMA published a consultation paper on transaction reporting, order record keeping and clock synchronisation. Shortly after, we summarised the 10 key issues from the MiFID II guidelines for transaction reporting. Now, having considered the issues raised in the responses to the consultation paper, ESMA has published its guidelines. Considering the key topics…
On 18 July 2016, ESMA, the European Securities and Markets Authority, published its advice to the European Parliament, the Council and the Commission on extending the Alternative Investment Fund Managers Directive (AIFMD) passport to 12 non-EU countries: Australia, Bermuda, Canada, the Cayman Islands, Guernsey, Hong Kong, the Isle of Man, Japan, Singapore, Switzerland and the…
On Monday the European Securities and Markets Authority (ESMA) published opinions on the Regulatory Technical Standards for position limits (RTS 21) and non-equity transparency (RTS 20) under MiFID II, in response to the Commission’s request to ESMA in April to modify the draft RTS issued in September 2015. This article will detail the updates on…
Continuing on from part 1, where we discussed the European regulator’s priorities for Credit Rating Agencies (CRAs) and Trade Repositories (TRs) for 2016, we now look at the nature and focus of the work the regulator plans to carry out this year to promote supervisory convergence. In October 2015, the European Securities and Markets Authority…
Earlier this month, the European Securities and Markets Authority (ESMA) released two key documents detailing its supervisory plans and priorities for 2016. Whilst these publications primarily identify areas of focus for the current year, they also highlight the shortfalls in terms of promoting sound, efficient and consistent supervision across the European Union. The first, published…
On 28 January 2016, ESMA published a paper consulting on a number of draft guidelines falling under a fraction of the Market Abuse Regulation (MAR). This consultation paper was based on a previous discussion paper, issued by ESMA on 14 November 2013. In particular, the paper covers the mandates placed on ESMA to produce guidelines…
Yesterday, ESMA published a note - originally from 2 October - regarding the potential for a delay to MiFID II. The note is categorical in its support of a delay to the MiFID II framework, and it will only further fuel the flames of those screaming for more time. Below are some key highlights from…
JWG analysis. On 9 November 2015, ESMA published its Q&A on the implementation of the current Market Abuse Directive (MAD). For those of you looking for some relief, this is a relatively short document, just 8 pages, and it consists of only two questions. Question one focuses on the disclosure of inside information related to…
JWG analysis. Over the last 10 months, JWG’s CDMG has covered - in depth - the incoming Anti-Money Laundering Directive IV (AMLD IV). AMLD IV focuses on the risk profiles of clients and monitoring or reporting them accordingly. On 21 October, ESMA published a Joint Consultation Paper on simplified and enhanced due diligence, detailing the…
JWG analysis. Derivative contracts are not a financial innovation of recent decades, allegedly coming into use around 1700 BC in ancient Mesopotamia. On 16 August 2012, a new chapter in derivatives’ history was written when the European Market Infrastructure Regulation (EMIR) entered into force, as part of a global initiative to reduce counterparty and operational…
JWG analysis. This month, ESMA published four reports in which they outlined the modifications that they believe are needed to the EMIR legal framework. JWG have had a look and, below, we pick out five key changes that are being proposed. Clearing obligation. ESMA is recommending two minor changes to the clearing obligation. These are…
As published in ‘The Trade’. Europe’s financial regulator has revised the current framework for the reporting of derivatives trades under the European Markets Infrastructure Regulation (EMIR). The European Securities and Markets Authority (ESMA) is now seeking feedback on its changes which aim to resolve the widespread issues which have arisen in the reporting process. The…
By Anna Reitman, Automated Trader. Public hearing was a marathon run for industry questions and comments on every aspect of upcoming MiFID II and MiFIR reforms. We highlight a few issues, including market making obligations and requirements that could find direct market access providers identifying clients' proprietary algorithms. Paris - As the financial industry prepares…
JWG analysis. Depending on whom you listen to, Europe’s trade repositories either popped in for a chat with ESMA, or were hauled in for a stern reprimand last week. Whichever it was, the resulting discussion was pretty explosive. ESMA made themselves very clear; trade repositories must work harder to address low levels of inter-trade repository…
JWG has extracted the following questions from ESMA's Consultation Paper on MiFID/MiFIR Technical Advice. ESMA needs to deliver this advice to the European Commission by December 2014 and is therefore subject to a condensed consultation process for this paper. For more on MiFID/MiFIR see here. Q1. Do you agree with the proposed cumulative conditions to be…
[accordion] JWG has extracted the following questions from ESMA's Discussion Paper on MiFID/MiFIR draft RTS/ITS. This paper will provide the basis for a further consultation paper on the draft RTS/ITS which is expected to be issued in late 2014/early 2015. For more on MiFID/MiFIR see here. Q1: Do you agree that the existing work/standards…
JWG analysis. ESMA has published an updated list of non-EEA central counterparties (CCPs) that have applied for recognition under Article 25 of EMIR. ESMA has taken care to note that the list is not exhaustive and only includes applicants that have agreed to have their name mentioned. Those CCPs that pass the approval process will be permitted…
By: Sam Tyfield Just in time for your holiday, December has seen a cascade of reporting work from ESMA and the EU Commission on EMIR. On December 20, 2014, ESMA release an updated Q&A on EMIR. Specifically on ETD reporting, see towards the bottom of the page at the link here (I have cut and pasted the relevant paragraphs below,…
On 7 November, as planned, the European Securities and Markets Authority (ESMA) approved the registrations of the first four trade repositories (TRs) under the European Market Infrastructure Regulation (EMIR). This means that trade reporting for OTC and exchange-traded derivatives is now due to start in February 2014. The registration of these TRs means that they…
Earlier this week, ESMA published an update of its Questions and Answers (Q&A) clarifying the use of Legal Entity Identifiers (LEI) for the purpose of OTC trade reporting to trade repositories. The Q&A finally provides for cross-border mutual acceptance by stating that only pre-LEIs endorsed by the ROC are eligible to be used for EMIR…
On 10 October, the ESMA released its 2014 work programme and budget for the next fiscal year. Emphasising six key areas of focus for the regulator over the next year, priorities on the whole have not diverged much from the 2013 plan, but a larger budget projection and more personnel have expanded their capacity to…
As of the beginning of September, ESMA has now issued its recommendations on the equivalence of six countries’ OTC rules: the US, Australia, Hong Kong, Japan, Singapore and Switzerland. However, only Australia and Switzerland were found to be equivalent, whereas firms and FMIs from the other four countries will have to be jump through certain…
On the 5th of December the Bank of England and FCA held a Transforming Data Collection town hall which revealed the Bank is turning to industry standards to address 455 million errors per day. That’s a lot of thankless standards work which could change the game. We know this from hard experience. JWG has been…
The International Organization of Securities Commissions (IOSCO) has published a report on market outages, including good practices for managing them. An IOSCO survey found 42 market outages on listed trading venues between 2018 and 2022, primarily caused by software errors. Members of the World Federation of Exchanges (WFE) agreed with IOSCO's recommendations. "Our experience shows…
The EU’s Digital Operational Resilience Act (DORA) dragon is getting ready for flight in 150 days. Leave your castle walls in disrepair over the summer holidays at your peril. This regulation has taken a far deeper, broader and more prescriptive approach to derisking the ‘end to end’ Information Communication and Technology (ICT) risk than ever…
Firms required to report under the European Market Infrastructure Regime's (EMIR) Refit, face a looming deadline of April 29 to implement several vital changes. Those operating in the European Union and the UK will run a two-speed reporting regime until the UK's EMIR revamp goes live on Sept. 30. "Many firms will have an obligation…
Europe took a big step towards Digital Operational Resilience last week by issuing half of its new final technical standards one year from its implementation deadline. JWG has analysed the new, final standards and the second batch of DORA consultations with other technology efforts underway across the globe. We find that while some welcome clarity…
Regulators are disappointed with Banks’ data management and they have been careful to point out that they expect ESG data to be up to scratch. Getting ESG data right is now a board-level imperative for 2024. The implementation of Corporate Sustainability Reporting Directive (CSRD) will formally put controllers on the hook. However, unlike some regulatory…
The UK's Digital Securities Sandbox (DSS), which will test a new approach to rulemaking for digital securities trading and settlement infrastructure, should launch at the end of the first quarter 2024. "This is not our traditional Innovate sandbox. It is being specifically set up to allow infrastructure to test a new rule set that would…
New, exacting BCBS 239 data quality expectations are coming into force just as EMIR Refit and JFSA derivative reporting is put into production 200 days from now. Businesses will be under pressure to deliver lineage for their data or risk fines and reputational damage. JWG’s DRR RegDelta is a RegTech solution that helps companies maintain…
The Financial Conduct Authority (FCA) has asked firms to provide granular information to identify investment and execution decision makers more accurately in Markets in Financial Instruments Regulation (MiFIR) transaction reports. The MiFIR reporting regime went live in 2018. The FCA uses MiFIR transaction reports, in part, to conduct market surveillance for market abuse and insider…
The introduction of regulatory frameworks such as SFDR, CSRD, MiFID II, and EU Taxonomy Regulation isn't just a simple compliance task. ESG rules require new systems and data to support best practices for handling this data are still in their formative stages. In great news for RegTech users, international regulators endorsed long-awaited global industry standards…
Digital Operational Resilience Act (DORA) technical standards, due to come into force in January 2025 have been released to a quick retort from industry. AFME and EACB warn of missing data, confused risk controls to implement tough new data and reporting requirements. Firms and their suppliers now have a little over 400 working days to…
As the deadlines for compliance with new, complex derivatives rules approach, many firms are at risk of facing hefty fines from regulators if they are found wanting. JWG is calling on all firms to join their next global virtual seminar on 29 June to discuss strategies for deploying proven DRR RegTech to manage their regulatory…
Regulators and regulated have come together to improve the current transparency value equation by introducing granular guidance in the form of code. JWG research efforts are pushing forward to explore RegTech reporting opportunities with a global, virtual SupTech and RegTech seminar on 29 June. We are inviting global SMEs to help shape the agenda and…
JWG’s 22 March 2023 Trading Compliance Seminar brought together an all-star cast of over 20 experts who discussed plans for the latest MiFID Review, Market Data changes, CTP, MAR, ESG data demands, MiCA and UK digital asset efforts. These experts did an outstanding job in putting regulatory demands into context and provide delegates with valuable…
Winning the ESG data Marathon in 2023 With the ever-increasing focus on ESG transparency from regulators and clients, firms are racing to meet the requirements needed to make their mark in the global marketplace. This race requires tens of thousands of market participants to produce data according to different standards. However, with a proper plan…
Regulators are busy engineering sell-side and buy-side rule changes which will change the markets, customer and risk management obligations starting this year. JWG has analysed the global landscape and assembled 20+ all-stars at our *virtual* Trading Seminar to discuss our exclusive RegTech research on upcoming compliance challenges. 7 days left to get your Complimentary VIP…
JWG’s sell-side and asset managers’ trading compliance radars are hot, and we’ve assembled and all-star cast to discuss the key trading perimeter, market data, consumer duty and risk surveillance issues on 22 March. Don’t miss this opportunity to dial-in to the debate. Complimentary VIP Pass Available – Apply Now! Register here for 22 March 2023…
Charges will apply for some delayed market data accessed on a terminal or feed as of January 1, 2023, senior banking sources said. The Markets in Financial Instruments Directive ( MiFID II) rules state market data should be free after 15 minutes. That rule has allowed sell- and buy-side financial services to access delayed market…
Many of the financial regulatory reforms announced in Edinburgh on Friday by Jeremy Hunt, Chancellor of the Exchequer, had a familiar ring to them. Banks, investment firms and anyone selling products to or into the UK market will need to engage with the detail of what was published. "The Edinburgh Reforms seize on our Brexit…
A top-tier European bank has successfully implemented digital regulatory reporting (DRR) technology to comply with the U.S. Commodity Futures Trading Commission's (CFTC) amended swap data reporting rules, a key milestone in a years-long industry effort to streamline often complex obligations. BNP Paribas yesterday announced it used DRR in a real-world, production-level environment, with a successful…
The European Commission has pushed ahead with digital regulatory reporting — which it views as a central workstream in its overall agenda to make financial services fit for the digital age — while UK regulators have sidelined similar initiatives. The Commission is taking a deliberate approach to testing technology and frameworks for delivering machine-readable and executable…
Regulators don’t just want firms to read what they put on their websites, they want them to prove their risk and control frameworks do what they say. RegTech now enables firms to interpret their requirements and provide businesses with an opportunity to bring costs down and avoid regulatory actions that can put the business ‘on…
Crypto bros might struggle to see it this way, but digital asset regulation has moved at great pace in a short time. Will it be fit for purpose? With interoperable standards on the way, RegTech has the power to unify digital and TradFi rails. Join an all-star cast on 5 April for our virtual conference…
Securities tokenisation permitting firms to settle trades on a blockchain reduces counterparty risk and settlement costs while providing a vehicle for compliance automation. Last year saw some tokenisation of traditional securities such as equities, bonds and foreign exchange; consultants say that 2022 will usher in "tokenisation of everything", be that bonds settled on the Ethereum…
Executive summary As regulators focus on Operational Resilience firms need to realign their risk frameworks Without this alignment, firms risk overlaps and gaps in their controls Third parties play a key role in aligning controls and service metrics for your board Fines or excessive cost benchmarks are in store for those that get it wrong…
Listen to the Podcast here Since the 2008 crisis, the markets have been asked to put everything on a venue, deliver vast quantities of transparency data, protect the customer and deliver growth. It has taken Europe over 15 years to build a mountain of rules that is millions of paragraphs high and stretches across the…
By Priya Kundamal, DTCC The fragmentation of trade reporting rules and the lack of a common data set across jurisdictions hinders transparency and global risk monitoring, writes DTCC’s Priya Kundamal. Market disruptions often spur change. In response to the 2008 Global Financial Crisis, one of the G20 reforms was to mandate the reporting of…
The UK's Financial Conduct Authority (FCA) Markets in Financial Instruments Directive II "quick fix" consultation signposts issues for further consultation as the onshored regime evolves post-Brexit. At the same time, the paper alerts industry to further consultations — at least two more from the FCA this year — including one contemplating the consequences of Libor…
Some suggest that, had data on over-the-counter (OTC) derivatives transactions been available before the financial crisis in 2008, the build-up of risk could have been foreseen and managed very differently. This is what led to G20 demands that all derivatives products be reported to trade repositories and made available to regulators. But as early as…
The UK Prudential Regulation Authority (PRA) ordered globally systemically important banks (G-SIB) to commission skilled persons reviews of their governance and individual accountability regimes, as well as control and risk management frameworks in its financial year 2020/21. This activity underscores the continuing serious problems that the world's largest and most-complex banks have had with risk…
The Financial Conduct Authority (FCA) will consult on a review of the UK European Markets Infrastructure Regulation (UK EMIR) reporting standards in the second half of this year, a spokeswoman for the regulator said. It has "the aim of improving overall data quality and to align the standards with the global guidelines on critical data…
We are pleased to release our 3rd RegCast today. This episode shines a spotlight on the new. digital capabilities required to track neo brokers, digital influencers (e.g., roaring kitty) and the new on-line herds of citizens that can influence market pricing (e.g., GameStop). Picking up with Sam Tyfield, Rachel Wolcott and Gavin Stuart where we…
London – 2 February, 2021 – JWG, the trusted financial services regulatory intelligence company, today announces the launch of RegCast, a series of podcasts designed to contextualise the strategic issues in play, within the noisy, and digitizing financial services marketplace. The first episode, 2021 Retail Madness, Digitized Markets and Future Regulatory Responses focuses on what GameStop means to…
JWG’s 2020 research has found that the financial services market exhibits an ever-growing blind spot from technology risk which lurks off balance sheet. High profile outages like Google and Microsoft have underlined the issue for both the regulator and regulated this month. This point has not been lost on regulators who in the middle of…
By PJ Di Giammarino and Sam Tyfield, Partner, Shoosmiths. The MAR review report was finally released on 23 September and clocked in at 276 pages. It raises a number of key issues for senior management at financial institutions, already struggling to form a holistic view of their communications surveillance obligations under COVID. The extensive review…
Regulators treating financial services cloud technology as a single-bank outsourcing problem are failing to address the systemic risks it and other new technologies pose, such as a multi-firm catastrophic data loss. Regulators should examine what risks cloud use poses to their own organisations as well. “We’re moving toward a world where the largest or most…
Author: Rachel Wolcott, Thomson Reuters The European Market Infrastructure Regulation (EMIR) derivatives trade reports and Markets in Financial Instruments Directive II transaction reports regulators collect is unlikely to be yielding the market insights required to navigate the COVID-19 crisis. The European Securities and Markets Authority (ESMA) 2019/20 annual report and work programme shows EMIR reports’…
By PJ Di Giammarino, CEO JWG and Chair RegTech Council Key points: Regulators are being hampered in their risk oversight duties by poor data quality and over £100m in fines were issued in 2019 for poor reports EU and UK regulators are out in front of global efforts to correct the rocky start on…
With MiFID II now (mostly) implemented, what trade and transaction reporting initiatives will firms have on the agenda for 2018 and beyond? We list some of the key items below: It is estimated that the final revised text of the European Market Infrastructure Regulation (EMIR) under the REFIT programme will be published at end of…
One of the key conclusions reached at our Capital Markets conference on 7 March was that regulatory divergence as a potential consequence of Brexit is currently one of the main worries for financial firms. When polled, 53% of our audience indicated that Brexit will be their next significant regulatory challenge. This anxiety derives mainly from…
Following a successful seventh reporting and reference data special interest group (RRDS 7) at the Financial Conduct Authority (FCA) on 13 February 2018, participants met for the usual post-RRDS drinks and networking session. At one point during the evening, we found ourselves mediating a friendly debate between two senior compliance officers on the post-trade reporting…
Both MiFID II and MAR have completely changed the regulatory landscape in terms of voice communication surveillance. Both pieces of regulation place a greater emphasis on firms to monitor the surveillance controls that they implement, and also introduce new holistic trade surveillance requirements that, in turn, have driven the development of new, innovative, RegTech solutions.…
2017 saw significant developments in financial and regulatory technological innovation – and many regulators have been moving in parallel. What is going on? In a nutshell, the global collaborative fabric is coming together. Of course, the landscape for global collaboration is by its very nature a patchwork that reflects differing policy objectives across the globe.…
JWG are delighted to be hosting the 3rd annual instalment of the RegTech Capital Markets Conference on 7 March 2018 in London. Over 300 people have already confirmed their attendance to hear thought leaders from both the regulatory and private sector. Overall, there will be 5 speakers from the regulatory community, over 25 from top…
In July 2017 we drew on RegDelta’s database of regulatory documents to estimate that MiFID and MiFID II accounted for 1.4m paragraphs of rules, guidance and policy. That figure drew gasps from the industry press but we were clear it was inevitably going to rise further. We have now calculated that just under 300,000 paragraphs have been added in the second half of 2017 – a slight pickup in pace since…
Two years after its Call for Evidence determining whether EU regulation is fit for purpose, the European Commission (EC) has found that automation and standardisation should ultimately pave the way towards reducing the regulatory burden for the industry – improving law making in the EU. This means that reporting experts and RegTech providers of all…
Let’s face it, getting data right is never easy and, with MiFID II's drive for transparency kicking into high gear, the risks of getting reporting wrong are greater than ever. With additional reporting regime change coming next year, why not make your life easier and join in the industry RegTech collaborations in this space? Recognise the risks Trade and transaction reporting fines come with…
With MiFID II’s implementation date of 3 January 2018 fast approaching, investment firms need to prepare for the changes that will be brought about by the EU’s flagship regulatory policy. All-encompassing in its scope, MiFID II will implement regulatory changes that will impact the trading of all financial instruments. In an attempt to fulfil the…
With only 3 months left before the implementation of MiFID II, on 28 August 2017 the European Commission published a delegated regulation which added to the definition of a systematic internaliser. Under MiFID I, the SI regime was limited to equities transactions but, under MiFID II, it has an increased scope. A systematic internaliser is an…
A granular understanding of the several types of costs and charges is important for all market participants. These can have a substantial effect on investors’ returns (see graph below) and, if disclosed effectively, should facilitate market efficiency. With this in mind, regulators have gone to considerable lengths to implement all the necessary requirements related to the disclosure of all costs and charges…
New rules on algorithmic trading, such as those quickly approaching from MiFID II, are cause for preparation across the industry, with various regulations in this sphere also impacting the buy-side. So, in this article, we’re going to take a look at some of the ways that regulation is currently, or will soon be, impacting algorithmic…
Following one of the Trump administration’s financial executive orders, the US Treasury Department issued a report which calls for regulators to streamline reporting obligations and review their coordination efforts, incorporating greater accountability and clarity into examination procedures and data collection requirements. The request mirrors commentary from European Central Bank President Mario Draghi, who, during his…
The implementation of trade and transaction reporting was intended to improve transparency and mitigate systematic risk in the derivatives markets. To achieve this, global leaders have committed to implement standards globally and consistently in a way that ensures a level playing field - reducing market fragmentation and regulatory arbitrage. Whilst progress has been made on…
Introduction With less than 5 months left before the deadline for MiFID II on 3 January 2018, firms are still grappling with the implementation of MiFID II. One key area is the new product governance framework which has been enacted with the objective of ensuring that firms act in the best interests of their clients…
As the EU-28 evolves into the EU-27, the European Commission (EC) has ensured their members that this will only be a bump in the road towards financial integration. The flagship initiative of the European Commission, the “Capital Markets Union Action Plan”, recently underwent a mid-term review of progress so far, highlighting both the achievements and…
Commodity derivative trading is just one of the many topic areas under MiFID II that firms need to ensure they are prepared for before 3 January 2018. One set of measurements in this area is that firms will be required to report commodities positions to National Competent Authorities (NCAs) on a daily basis. Another is…
In the eight years since the G20’s Pittsburgh summit, regulatory forces have reshaped the complexity of market infrastructure. Unfortunately, there has not been a corresponding increase in the maturity level of industry engagement between the public and private sector. The current landscape for regulatory reporting is riddled with complexity - made evident by waves of…
The end is in sight. In under six months, the deadline for MiFID II implementation will have passed. Since its legislative inception, JWG has iterated the importance of forward planning and anticipating the major changes under MiFID II. In concrete terms, our MiFID Implementation Group (MIG) meetings have provided the platform for senior managers from…
One of the many weaknesses that the financial crisis exposed was the feeble transparency framework in financial markets. In response, MiFID II and MiFIR built on the regulatory agenda of the G20 by aiming to strengthen the transparency framework of markets in financial instruments, including OTC trading. Building on MiFID I, the second incarnation extends…
Not long now - in less than 6 months’ time - both MiFID II and PRIIPs will become effective across EU Member States. ESMA recently published a Q&A on MiFID II and MiFIR investor protection topics in which 14 new questions were added. These include new Q&As on costs and charges in relation to the…
16 May 2017 signalled the end of the European Commission’s public consultation period on the operations of the European Supervisory Authorities. The purpose of the outreach was to gather market evidence on the progress of the ESAs towards their objectives for short, medium and long-term stability and the effectiveness of the financial system. JWG brought…
The financial services industry is nearing a regulatory crisis point; detailed rules are being written in huge volumes, by regulatory bodies struggling to keep up with their mandates. The result: requirements that are habitually not well contextualised or articulated and often look unlikely to achieve the desired outcomes, but at the same time coming with…
The regulators that oversee the economy are drowning in oceans of data, but need better standards to make sense of it all. The struggle stemming from the lack of standardised data was clearly visible in 2012 when the Commodity Futures Trading Commission (CFTC) needed to trace the so-called ‘London whale’, a trader who accumulated Credit…
On 21 January 2017, the European Commission (EC) published a delegated regulation and an implementing regulation in the Official Journal amending the RTS and ITS on the minimum details of the data to be reported to trade repositories under EMIR. One of the key changes made by the EC includes defining how to identify and classify…
Following on from last month’s Q&A on commodity derivatives within MiFID II/MiFIR, on 17 January ESMA published its guidelines for the disclosure of inside information on commodity derivatives and spot markets under the Market Abuse Regulation framework. This publication is a response in accordance with Article 7(5) of MAR, that expresses ESMA to be the…
On 17 January, ESMA published advice received from the Securities and Markets Stakeholder Group (SMSG) in relation to the consultation on MiFID II product governance. This CP was released on 5 October 2016 and it set out to create guidelines relating to the target market assessment. The SMSG established a working group with the specific…
Never mind a busy December, all in all, it was a busy year for financial regulation as shown in one of our previous articles, as 384 regulatory documents were captured and uploaded in our trade and transaction RegDelta library. MiFID II Before Christmas, we saw ESMA publish many documents much like in January 2016 with…
On 11 January 2017, ESMA released its follow-up to the peer review on best execution which came out in February 2015. With significant improvement by many NCAs since the 2015 review, the follow-up reads as a far more positive report, with optimism for further development in the future. Although certainly not perfect, it reveals that…
In April 2016, European Supervisory Authorities (ESA) submitted a draft Regulatory Technical Standards (RTS) for Packaged Retail and Insurance-based Investment Products (PRIIPs) Regulation, focusing on the requirements of key information documents (KID). Despite the KID RTS being endorsed by the EU Commission, the European Parliament - in a surprising move - rejected the draft. It…
Just before the Christmas break, as part of its quick-fire release of numerous important updates, ESMA published a new Questions and Answers document that covers MiFIR data reporting. Broken down into two separate sections, the document looks specifically at (i) LEI of the issuer and (ii) date and time of the request of admission and…
2016 has added tens of thousands of new regulatory pages to the pile, which has kept us, at JWG, very busy boys and girls. Unlike the last decade, however this year has been about unexpected twists and turns in the road: It’s been a year of MiFID II/R panic, implementation delays, regulators waking up to…
In our preceding article about ISINs, we explored the pursuit of a universal OTC identifier, and discussed what has occurred in Europe to fix this gap in the financial industry. The Association of National Numbering Agencies (ANNA) created the ANNA Derivatives Service Bureau, which is based on an automated ISIN allocation engine and is scheduled…