UK

UK: FCA Asset Management Market Study – Interim Report

The FCA has published its Asset Management Market Study Interim Report, which can be accessed here, with annexes. The FCA sets down a clear marker as to its direction of travel. Clearly uninhibited by Brexit on the horizon, it is … Continue reading

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Filed under Asset management, FCA, UK

Corporate Crime Monthly Update October 2016

Welcome to the October 2016 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, … Continue reading

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Filed under Bribery and Corruption, Cambodia, China, Corporate Crime, Cuba, Dubai, EU, European Regulation, Germany, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Pakistan, Sanctions and Money Laundering, Singapore, UAE, UK, US

UK: FCA and PRA final rules on regulatory references: strengthening accountability in banking and insurance

The FCA and PRA have published new policy statements relating to regulatory references under the new accountability regimes for banks and insurers, which will come into force on 7 March 2017 (see FCA PS16/22 and PRA PS27/16). Banks and insurers … Continue reading

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Filed under FCA, PRA, UK

UK: One month to deadline for implementing FCA and PRA whistleblowing rules

Given the distractions of the summer holiday season and the aftermath of the Brexit referendum, it would be understandable if other developments slipped off the radar. However, there is one particular deadline for regulated firms that demands urgent attention.  Under … Continue reading

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Filed under FCA, Insurance, Investment banking, PRA, Retail Banks, UK

Serious Fraud Office secures second Deferred Prosecution Agreement

London’s Southwark Crown Court recently approved only the second Deferred Prosecution Agreement (DPA) since the introduction of DPAs in 2014. Herbert Smith Freehills' London Corporate Crime and Investigations team negotiated the first DPA with the SFO, which was concluded in … Continue reading

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Filed under Bribery and Corruption, Corporate Crime, Investigations, UK

Ensuring due process when regulators co-operate

Summary A recent Hong Kong judgment highlights the importance of ensuring due process when regulators exchange information with each other. Regulatory confidentiality In the UK a statement made to an investigator appointed by the FCA or PRA in compliance with … Continue reading

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Filed under Banking, EU, European Regulation, Hong Kong, Investigations, UK, UK Legislation, Uncategorized

UK: UCTA reasonableness test may apply even where contract is only partly on standard terms

The High Court has found that the requirement of reasonableness imposed by the Unfair Contract Terms Act 1977 (UCTA) can apply in circumstances where a party's written standard terms and conditions are incorporated only in part and other terms are … Continue reading

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Filed under Banking, Insurance, UK

HKMA’S Cybersecurity Fortification Initiative: what UK bankers need to know

The Hong Kong Monetary Authority (HKMA) has today issued a circular requiring Hong Kong-regulated institutions to implement the HKMA's "Cybersecurity Fortification Initiative" (the Initiative), which consists of three distinct pillars: (1) risk assessment, (2) training and (3) intelligence sharing. The … Continue reading

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Filed under Asia, Banking, Hong Kong, UK

The future face of UK cyber security – the National Cyber Security Centre

The authoritative voice on UK cyber security The UK government has recently confirmed that its National Cyber Security Centre ("NCSC") will begin operations in October 2016. This newest body to be established as part of the UK's continuing fight against … Continue reading

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Filed under UK, Uncategorized

Financial firms: protecting customer personal data

A recent case provides a rare example of the criminal prosecution of an individual (in this case the former employee of an insurer) for breach of the Data Protection Act 1988 (DPA).  David Barlow Lewis was a former employee of … Continue reading

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Filed under Europe, European Regulation, FSA, FSA Rules, Insurance, Sector Updates by Herbert Smith Freehills, UK, UK Legislation, UK Regulations, Uncategorized