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FCA’s 2024/25 Business Plan Signals Focus on Wholesale Markets Reform

Fighting financial crime, protecting consumers’ needs, and bolstering wholesale markets are the regulator’s key priorities for the year ahead. On 19 March 2024, the FCA published its Business Plan for 2024/25, setting...more

FCA Publishes Findings From Its Wholesale Data Market Study

The FCA found that wholesale data markets can be improved, but has ruled out a significant intervention. The FCA has published the findings of its wholesale data market study (MS23/1.5), which examined competition in the...more

FCA Sets Out Latest Areas of Focus Under the Consumer Duty

FCA finds firms have been working hard to embed the Duty, but there remains room for improvement. On 20 February 2024, the FCA published more information on the Consumer Duty, including a publication highlighting good...more

EU Reaches Provisional Agreement on ESG Ratings Regulation

The European Parliament and the Council of the EU have made some significant changes to the European Commission’s proposal. Key Points: ..The agreed text includes important clarifications on the scope of the regime and...more

OCC Issues Policy Guidance on Buy Now, Pay Later Lending

The OCC outlines safety and soundness principles and appropriate risk management processes for its regulated institutions that engage in BNPL lending. On December 6, 2023, the Office of the Comptroller of the Currency...more

EU Supervisors to Scrutinise ESG Benchmark Disclosures

Benchmark administrators should review the quality of their ESG benchmark disclosures ahead of a review by EU regulators during 2024. On 13 December 2023, the European Securities and Markets Authority (ESMA), the EU’s...more

FCA Explores How to Close the “Advice Gap”

The Discussion Paper on the Advice Guidance Boundary Review examines how authorised firms can provide more support to customers. The FCA has published a Discussion Paper (DP23/5) with the government on the Advice...more

EU Revamps Consumer Credit Rules

The changes will significantly modernise the regime and enhance consumer protections. The EU has adopted a new Consumer Credit Directive, known as CCD2, which repeals and replaces the existing EU consumer credit regime...more

AI in UK Financial Services - What’s on the Horizon?

As regulatory thinking evolves, firms must ensure that any current or planned use of AI complies with regulatory expectations. As financial services firms digest FS2/23, the joint Feedback Statement on Artificial...more

European Commission Seeks to Exclude Non-Significant Benchmarks From the BMR

The proposal would substantially reduce the number of benchmarks in scope of the EU BMR. On 17 October 2023, the European Commission published a legislative proposal that would significantly alter the benchmarks in scope...more

UK Regulators Set Out Policy Proposals on Misconduct; Diversity and Inclusion

The FCA and the PRA have published their long-awaited consultations which aim to formalise how firms approach diversity and inclusion. On 25 September 2023, the FCA and the PRA published separate but related consultation...more

The Consumer Duty - One Month to Go

With the implementation deadline looming, the FCA has set out some additional guidance for firms. With one month to go until the Consumer Duty (Duty) implementation deadline of 31 July 2023 (for new and existing products...more

Consumer Duty: What Do Boards Need to Know?

What Is the Consumer Duty? To recap, a core priority for the Financial Conduct Authority (FCA) is improving outcomes for consumers. The FCA has stated that it is concerned that, due to the way financial services markets...more

EU Consults on Plans for a New Regulatory Regime for ESG Ratings Providers

An evolving landscape of reforms in the ESG ratings sector continues to pose challenges to providers of ratings and scores. International momentum to regulate ESG ratings continues as the European Commission released a...more

European Commission Proposes Wide-Ranging Enhancements to Retail Investor Protection Rules

As the “most ambitious legislative proposal since the inception of EU financial regulation”, the changes would make significant amendments to MiFID II and PRIIPs. On 24 May 2023, the European Commission (Commission)...more

FCA Consumer Duty Update: Assessing Fair Value

The FCA has published the findings from its review of firms’ fair value assessment frameworks and set out implementation priorities for firms. On 10 May 2023, the FCA published a speech by Sheldon Mills, FCA Executive...more

The FCA’s Consumer Duty - Determining “Material Influence”

The Consumer Duty applies to firms that materially influence consumer outcomes. The Consumer Duty (Duty) (as set out in the FCA’s Policy Statement PS22/9 and guidance document FG22/5) will come into force at the end of...more

FCA Publishes Business Plan for 2023/24

The Future Regulatory Framework and Consumer Duty will be key areas of focus for the coming year. On 5 April 2023, the FCA published its Business Plan for 2023/24. The Business Plan sets out a number of priority areas...more

Is the Customer Always Right? PE in Focus as Regulators Tighten Grip on Consumer Facing Companies

Consumer-facing companies face an increasingly complex UK regulatory landscape as multiple regulators place the spotlight on consumer rights and protections. A raft of new legislation is set to impact businesses and PE...more

UK Government Consults on Regulation of ESG Ratings Providers

The consultation considers what a potential regulatory regime would look like, and its proposed scope. On 30 March 2023, HM Treasury published a consultation on regulating ESG ratings providers, which ties in with and...more

FCA Seeks Improvements to ESG Benchmarks

The regulator is concerned that ESG-related disclosures are not meeting expectations. The FCA has published a Dear CEO letter sent to benchmark administrators on 20 March 2023, expressing concerns about the quality of...more

HM Treasury Publishes Draft Legislation to Regulate BNPL Lending

A consultation that will remain open until 11 April 2023 offers further clarity on the proposals to regulate buy-now-pay-later products. On 14 February 2023, HM Treasury published its consultation and accompanying draft...more

Consumer Duty Update: FCA Issues Dear CEO/Director Letters Setting Priorities for Sectors

The letters ask senior management to prioritise implementing the Duty. On 3 February 2023, the FCA published Dear CEO/Director letters underscoring the immediate (i.e., during the implementation period up until 31 July...more

FCA Publishes “Areas for Improvement” for Firms on Consumer Duty Implementation

The FCA has reviewed firms’ progress to embed the Duty into their businesses, providing good and poor practice examples for firms to improve and direct their implementation work. The Consumer Duty (Duty) rules (as set...more

Whistleblow Insights: Recurrent Themes and Common Drivers - January 2023

Many sectors, including financial services, have encountered a discernible increase in whistleblows in recent times — a trend that shows no signs of abating. Indeed, some whistleblowers have seen fit to publicise their...more

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