In the financial sector, managing compliance is a critical yet progressively intricate challenge. Until recently, compliance needs for mobile communications were not subject to regulatory scrutiny in financial firms.
However, in 2011, the Financial Conduct Authority (FCA) eliminated the recording exemption for mobile phones and regulated that all mobile communications directly connecting to a financial trade should be recorded.
It was followed by the Dodd-Frank Wall Street Reform in the US, which makes it mandatory for telephone trades to be recorded, including those on mobile devices for financial firms trading in the US.
The MiFID II EU legislation would be implemented in January 2018. This would launch the most stringent mobile voice recording (MVR) regulations. It would result in substantially spreading regulatory needs within the UK.
All the market players involved in the advice chain for a planned trade should record all their mobile communications and maintain the data over a five-year period.
According to research conducted by Ovum (an independent analyst and consultancy firm), two-thirds of the firms required to record mobile communications have not yet complied.
It could be possible that several firms still have not accepted MVR because of misunderstandings about complex or expensive executions.
Again, some firms may have experienced MVR solutions before and could have had a negative experience, such as call degradation.
Moreover, there would be those waiting for MiFID II to take effect in January 2018, not understanding that if they have to renew their current mobile phone contracts at present, they could end up terminating those agreements and face expensive penalties for doing so.
If the appropriate solution is executed, MVR could ensure FCA compliance without disturbing productivity. Conversations would have to be recorded on a mobile device. There would not be any requirement for any special software, call forwarding or local applications.
The most optimal MVR solutions are one that records calls in line, at a network level. This facilitates compatibility with any mobile device, prevents the user from evading the solution and has no impact on IT needs for installation and maintenance.