MyComplianceOffice Blog

Regulators around the globe are taking a firm stance against off-channel communications. In the US, the SEC recently charged 26 firms related to extensive record keeping failures, resulting in around US$390 million in penalties. In the UK, the FCA has issued comparatively smaller fines—though the regulator is now calling on banks to report staff breaches of encrypted messaging policies. The move reveals the FCA’s intent to gain a much deeper understanding of how apps like WhatsApp, Signal, and Telegram are currently used within financial services.

Presented by the Practising Law Institute in conjunction with the U.S. Securities and Exchange Commission, SEC Speaks 2024 provided insights and updates on the agency’s current priorities and initiatives from Chair Gary Gensler, Commissioners, and senior staff from divisions across the agency.

U.S. Securities and Exchange Commission (SEC) enforcement for failure to maintain and preserve adequate records of electronic communications and for failure to adequately supervise the use of off-channel communications is at the top of compliance professionals' minds right now. The size and scope of the firms involved and the staggering $2.5 billion plus in penalties assessed have made the actions a hot topic in the news and across the financial services industry. 

The 2024 Surveillance Benchmarking Survey & Report from 1LoD, co-sponsored by MCO, contains insights from thousands of conversations with surveillance leaders across the financial services industry. 

As the report points out, compliance surveillance is a never-ending story. Surveillance for market abuse and employee misconduct will never be done. It’s an iterative and ongoing process.