The GDPR and UK Financial Advisers: Consent, Erasure & Accuracy

GDPR general data protection regulation 2018 eu presentation kit

General Data Protection Regulation (GDPR) Data Subject Consent is essentially targeted at giving data subjects more control over use of their data – for example in connection with marketing activities, which (in the absence of consent) could not otherwise be legally warranted by a data controller.

Giving a data subject the option to give or refuse consent protects individuals from unwanted and unjustified communication from service providers and is highly aimed at the business-to-consumer world. It will affect advisers given that it will dictate how they can approach new business opportunities from new or existing clients.

If an email, SMS message or phone call is sent or made to an individual and that individual follows it up with a request to understand where they gave permission for such correspondence, then it is the obligation of the firm to be able to prove the individual in question has indeed consented to receiving such correspondence. If the firm cannot provide this evidence, then this constitutes a breach.

GDPR and financial advisers: The Right Of Erasuregdpr uk financial services fca
While this does have an effect on correspondence with clients, it only affects certain types. The other relevant condition for advisers to be aware of here is the ‘necessary for the performance of the contract’ condition.

A client may well opt out of marketing communications, such as a firm’s newsletter, but the firm would still have to send them correspondence on things like portfolio updates and contracts as such correspondence is essential for the performance of the contract between the data subject and the firm. What would the data subject be expecting to receive from the firm?

The opt-in process for obtaining valid consent under the incoming General Data Protection Regulation (GDPR) will be quite onerous for firms marketing to individuals. It is therefore a good idea to get into started early and consider how the firm will market to prospects post-GDPR.
You can obtain a full GDPR presentation along with two question packs at https://goo.gl/n5JsXy

GDPR and financial advisers: Data Accuracy
Simple steps could be taken now, for instance, updating the privacy policy to make sure that the firm has made some inroads towards compliance. In marketing materials that are submitted now, it deserves including the double “opt-in” option in such correspondence. Provided the guidelines for obtaining valid consent under the GDPR are met, if people opt in now, then the firm will have the ability to correspond with them after 25 May 2018.

If consent from an individual is sought, they must respond to be considered to have opted in. Their silence or inaction are not indicative of consent. Similarly, where someone has opted into correspondence at an event, in person, the firm should consider a mechanism to follow up to gain their unequivocal written consent as a form of best practice.

This applies to of electronic opt-ins too and is called ‘double opt-in’. This is to avoid circumstances whereby an individual’s details may have been shared under false pretences, or by mistake. A face-to-face meeting does not constitute an explicit response. Compliance Consultant (http://www.complianceconsultant) can help you through this.

fca operational risk management rules mapping handbookConcerns Raised
How would you know if someone had given consent to be marketed to and, beyond that, how are they going to get clients to say yes in the future.

The topic of consent, is one of the few black and white areas of GDPR with draft guidance. If the person being marketed to – that is to say, being contacted outside the bounds of the performance of a contract – has not explicitly and unambiguously agreed to be contacted, then this would constitute a breach of the GDPR.

Clients can not be deceived at all. Having a pre-ticked box below an online form, for example, does not constitute consent. The user must be made aware of what their contact details will be used for, how their data will be processed and have the opportunity to make their own choice about whether or not they receive communication from the firm.

When it comes to legacy clients, where a firm may wish to contact them to notify them about new products and services, then it was agreed the firm would will need to seek their permission to do so.

This will have to be done in advance of GDPR entering force, since any correspondence after 25 May 2018 in this fashion will constitute a breach, since those individuals will not have consented to be contacted at all. If firms have not begun to seek consent – or fresh consent in order to meet the higher threshold under the GDPR – from existing contacts within their database, then they should seek to do so now.

If these individuals do not respond to requests, it is to be believed they do not wish to be contacted. It is worth demonstrating the benefits they will lose out on from desisting so, like special deals, new investment opportunities, industry news etc.

Beyond receiving their unambiguous consent to be marketed to, a firm also needs to keep it very easy for an individual to change their communication selections – or in other word, withdrawing consent. This is just like offering an unsubscribe option on emails – something firms should currently be doing.

There is often discussion whether it would be acceptable to include a small amount of marketing in documents that are distributed to individuals as part of the performance of the contract. This could, for example, be used as a vehicle to update them of new investment opportunities. The answer is that yes it can, but the marketing must, however, be relevant to the overarching reason of the letter and should not detract from that as the main message.smr smcr fca aper

Data subject consent: Key actions and considerations

As consent from individuals must be unambiguous and they must also have the opportunity to redefine their communication preferences at any time. How will you achieve this?

How will you ensure the person competing the form/questionnaire/application is over the minimum age?

Even if the client “Opts-Out” certain correspondence may be necessary for the performance of the contract with the individual concerned, in which case consent would not be required; how will you explain this?

The fall back position is simple; If there is ANY uncertainty about whether a firm has consent from an individual, then it should consider that it does not have consent.

Data subject consent: Questions for the all industry advisers

Have you started gathering consent from clients and prospects and if so, how? How is it recorded?

Does this data form part of Senior Management MI Packs?

How and when are you going to seek consent from legacy clients?

Do you currently capture consent and, if so, how would yo demonstrate this?

 

Compliance Consultant can assist you in all your GDPR preparation and can work with most websites, back office systems and financial promotion strategies. Contact us now on 0203 815 7939

 

Specialist Regulatory Compliance Consultancy

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ISO 27001 & ISMS Terms & Definitions Explained Part 3 By Luv Johar

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The Benefits of Online Food Safety Training

Food poisoning acts quickly and is caused by eating poisonous food. Food, which includes drinks, could have been poisoned by us, other people or by environmental factors.

The major cause of food poisoning is by bacteria, which are microscopic organisms. They are living creatures which inhabit this planet in great abundance. The majority of bacteria are harmless. In fact, without bacteria, it is very doubtful that this planet’s inhabitants (animals and plants) would survive. It has been suggested that we all originated from LUCA (Last Universal Common Ancestor) several billion years ago. Luca evolved into different branches: Eukarya, Archaea and Bacteria. We humans come under the Eurkarya domain. It is because of this link that scientists think bacteria have very similar cellular components and functions to us.

At home, food poisoning can be controlled by good personal hygiene such as regular hand washing and showering/bathing. The wearing of protective clothing, such as an apron, whilst preparing food, can also aid in food poisoning prevention. Many people prepare and cook food at home but never consider taking an online food safety training qualification to learn about the dangers of food poisoning. Perhaps they think that the courses are only for people that work in the hospitality industry.

Keep pets out of the kitchen when preparing food as they are a major source of infection. This includes dogs, cats, domestic birds and other cute, cuddly, creatures; they all harbour pathogens.

Keep raw food away from ready to eat food. All raw meat, salad vegetables and soil-contaminated vegetables hold pathogens and these can easily be transferred to ready to eat food by cross contamination. This is especially important when using barbecues. If you handle raw foods, wash your hands. Do not use alcoholic gels or bactericides for health and safety and environmental reasons. Soap and water is totally adequate.

Internal and external bins must be kept clean, inside and out, or they attract pests. Pest such as birds, insects and rodents carry other diseases apart from pathogens. Ensure outside bins have tight fitting lids. Do not leave any bags outside the bin, as these attract pests.

Have a good cleaning regime in the kitchen. Clean as you go, is a process that is used quite extensively in the trade. It is a method of preventing cross contamination by cleaning up as soon as any soiling occurs.

There are a lot of things to consider when cooking at home in order to remain free from food poisoning; that is why it is ideal for home cooks to learn food hygiene. One method is by online food safety training.

In order to work in the catering industry in the UK, personnel have to pass a food safety qualification. The level of which is based upon the type of job that is undertaken.

There are four levels of qualification:

Level 2 is designed for anyone working in a catering, manufacturing or retail setting where food is prepared, cooked and handled.

Level 3 is for managers, supervisors and chefs in medium and large manufacturing or catering businesses.

Level 4 is for managers, supervisors, senior hygiene personnel, business owners and food hygiene trainers.

Staff working in the catering industry, such as food handlers, chefs, supervisors, managers, business owners and food hygiene trainers have usually had to attend a training course to obtain a recognised food safety qualification. This results in time off work, finding staff to cover absence and loss of quality output if key staff are on the course. Many companies offer food safety courses online, but not leading to an accredited qualification which is recognised by industry, environmental health departments and educational bodies.

For food safety qualification to be accredited in the UK they must be recognised by Ofqual, DCELLS, CCEA and SQA and part of the Qualifications and Credit Framework (QCF).

QCF is the framework for creating and accrediting qualifications in England, Wales and Northern Ireland. It gives a wider range of learners the opportunity to get the qualifications they need, in a way that suits them. QCF qualifications are designed with the help of employers so learners can be assured that they’re gaining skills that employers are looking for.

The QCF:

• recognises smaller steps of learning and enables learners to build up qualifications bit by bit

• helps learners achieve skills and qualifications that meet industry needs

• enables work-based training to be nationally recognised.

Qualifications recognised under the QCF attract funding.

Qualifications within the QCF will be confirmed for funding for one or more of the Agency’s delivery programmes (Adult Learner Responsive provision, Offender Learning and Skills Service, Train to Gain, and Programmes for the Unemployed)

There is only one company in the UK that offers the three levels of food hygiene qualifications that are accredited by all the major educational bodies.

The benefits of online food safety training are:

· Lower costs of qualification compared to training room courses

· Avoiding adverse weather conditions travelling to training courses

· No sitting in a training room for endless hours

· Choosing when to study

· No travelling to course or examination

· Flexibility on completion of course

· Choosing when to sit the examination

· No need to take time off from work to study

· Full access to tutor before, during and after course

So there are several ways that food poisoning can be avoided at home using a common sense approach to preparing food. Regular handwasing, wearing protective clothing, good cleaning regimes, pet and pest control, waste control and enrolling on an online food safety training course can all help.

It’s time to reduce the cases of food poisoning, both at home and in the catering industry.

Complete Assistance in the preparation for the implementation of the SMR/CR can be obtained from us at Complaince Consultant Where we have experience in the banking sector from 2015/2016.

Source by Dave Summers

ISO 27001 & ISMS Terms & Definitions Explained Part 5 By Luv Johar

In this particular video we basically understand what exactly do we mean by “Policy”, “Security Policy”, “Risk”, “Residual Risk”, “Risk Acceptance”, “Risk Criteria”, “Risk Management”, “Risk Owner”, “Risk Treatment”, “Risk Assessment”, “Risk Identification”, “Risk Analysis” “Risk Evaulation”

Please leave comments below if you need more clarity on any of the discussed items and I would be happy to help.

Tags :

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IFA Fails To Advise Correctly – No advise to fix or protect lifetime allowance

pension-lifetime-allowance-misselling

A financial advice firm has been told to compensate a client who was not advised to protect his pension benefits before the lifetime allowance was reduced.

Over the following years Mr M made further payments into his Sipp and in late 2006 the adviser said it was “a very sensible approach to top up existing pension funds with further contributions if they attract tax relief at this highest marginal rate”.

Mr M had several meetings with his adviser between 2006 and 2014 but there was nothing to show they considered any action to protect pension benefits from the decreasing lifetime allowance.

The Financial Ombudsman Service ruled Ormiston had failed to monitor the value of Mr M’s pensions so he had missed the opportunity to take fixed or enhanced protection.

Read More …

 

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Leading the way through regulatory change – Q&A : Brexit

Q&A – What are the implications for regulation from Brexit?

The financial services industry continues to face large scale regulatory change impacting all aspects of a firm – people, systems, controls and culture are all affected. Leaders in financial services need to develop the resilience to navigate these challenges and the acumen to consider whether they provide business opportunities.

The Institute of Leadership & Management invited a panel of financial service practitioners to share their expert insights into the implications of recent regulatory change, answer questions and provide the opportunity to discuss the challenges with fellow practitioners.

Panel members included:
Targ Patience, Financial Markets & Regulatory Consultant
Nicholas Lynch, former Head of Policy & Training, ING Nederland
David Jackman, International Compliance Association
Chaired by John Gavin, The Institute of Leadership & Management

The Institute of Leadership & Management event ‘Leading the way through regulatory change’ at the Institute of Banking and Finance.

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Ben Mason – Compliance Q&A – Survey Results – March 2015

Joint CEO, Ben Mason, talks about the findings of a national survey into firms’ expectations and experiences of applying for consumer credit authorisation from the FCA.

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The Wolfsberg Correspondent Banking Due Diligence Questionnaire 2017

The Wolfsberg Correspondent Banking
Due Diligence Questionnaire 2017

http://www.wolfsberg-principles.com/diligence.html

http://www.wolfsberg-principles.com/diligence.html 

Keywords: Money Laundering, Money Laundering Act 2007, Money Laundering Examples Uk, Money Laundering News, Money Laundering Online, Money Laundering Regulations Uk, Money Laundering Reporting, Money Laundering Updates

Plan (IQCP) and Ensuring Your Laboratory’s Compliance

Presented by: Deborah A Perry, MD, FCAP and Lyn Wieglos, MT(ASCP)

Date: Wednesday, August 19, 2015

Description:

IQCP is an alternative CLIA quality control (QC) option that will provide for equivalent quality testing that meets CLIA regulations for eligible tests. IQCP includes many practices that your laboratory already engages in to ensure quality testing, not just the frequency and number of QC materials. IQCP considers the entire testing process: preanalytic, analytic, and postanalytic. This session will discuss the necessary components of an IQCP for your laboratory to meet applicable regulatory requirements.

EXPIRE DATE: December 31, 2017

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Credential Keeper – Staff Welcome

Welcome to Credential Keeper! I am Dr. Marnie Oakley, Associate Dean for Clinical Affairs. I would like to welcome you to the University of Pittsburgh, School of Dental Medicine. As you are entering an environment which houses an ambulatory hospital which is visited by over 60,000 patients each year, it is important that we are all in full compliance with all regulatory requirements to ensure the safety and the well-being of our patients–regardless if you are directly involved in their care or work in an area which does not directly deals with the care of our patients. Here at Pitt, we developed software to help streamline our credentialing process; the “Credential Keeper” allows you to submit documents that offer proof of training and other requirements. The administration expects you to take this matter seriously. Please take a moment and watch the instructional video which will tell you how to prepare the required documents. It is critical that you understand that the knowledge and understanding of the various training materials and certifications is critical. In other words, if you are not credentialed, your supervisor will be informed and steps must be taken to bring you to immediate compliance. In conclusion, I thank you for your attention and I ask that you please contact us if you have any questions regarding the process. We are happy to help and assist you.

Thank you!

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Meeting USDA Regulatory and Compliance Requirements in Your Operation’s Manufacturing Processes

Alfred V. Almanza was appointed Deputy Under Secretary for Food Safety by the U.S. Department of Agriculture’s (USDA) Secretary Thomas J. Vilsack in September 2014, after having served as Administrator of USDA’s Food Safety and Inspection Service (FSIS) since June 2007. Mr. Almanza will simultaneously serve as Acting Administrator, continuing to lead nearly 10,000 employees in the agency’s mission to protect public health.

In 1978, Mr. Almanza began his FSIS career as a food inspector in a small slaughter plant in Dalhart, Texas. During his 36-year career with FSIS, Mr. Almanza moved up quickly from that entry level position – serving as Labor Management specialist, District Manager of the Agency’s Dallas District Office, and ultimately Administrator of FSIS. His experiences in the field and headquarters have made him extraordinarily qualified to lead the agency.

During his tenure as Administrator, Mr. Almanza focused on modernizing inspection and identifying ways to make the Agency more efficient and effective. He spearheaded the development of the New Poultry Inspection System which redirects FSIS inspection to a more balanced and efficient approach while simultaneously reducing pathogen levels in young poultry slaughter establishments. It is anticipated that the new approach will prevent thousands of illnesses from Salmonella and Campylobacter. In addition, Mr. Almanza’s regulatory strategies against potentially deadly E. coli O157:H7 have significantly reduced illnesses from this pathogen. Under his leadership, FSIS implemented a zero-tolerance policy for six additional strains of E. coli that are responsible for human illness. He also led the development of new Campylobacter and Salmonella performance standards, which hold slaughter establishments accountable for reducing these pathogens in young chickens and turkeys. In 2006 the positive Salmonella testing rate was 16%; today it is less than 7%. In 2013, FSIS released the Salmonella Action Plan, which outlines the agency’s key steps towards reducing the incidence of Salmonellacontamination.

Under Mr. Almanza’s leadership, FSIS launched the Public Health Information System (PHIS), a modern repository for all data about public health trends and food safety violations at the more than 6,000 FSIS-regulated plants across the country. Since 2011, PHIS has streamlined data collection and access for the agency.

As part of USDA’s Blueprint for Stronger Service, Almanza determined that FSIS could streamline resources by reducing the number of district offices from 15 to 10. The district consolidation helped to improve efficiency, consistency, and integration by more evenly distributing the circuits, establishments, and FSIS employees that each district office oversees. Furthermore, Mr. Almanza reorganized headquarters offices and staff to improve organizational efficiency and the ability to better target existing resources.

Mr. Almanza led the development of the FSIS FY 2011-2016 Strategic Plan, which includes results-oriented performance measures. The plan includes 30 distinct, quantifiable performance measures that support eight larger goals. In 2012, he led the development of the internal Annual Performance Plan, which included specific outcomes linked to the Strategic Plan. The plan bridges the FSIS Strategic Plan with Senior Executive Service individual performance standards, and presents three ‘key results’ to be achieved by each Program Area. The transparency provided by this integration of plans makes it possible for each employee to clearly see how his or her work relates to the FSIS mission.

Mr. Almanza is mindful of the more than 7,000 FSIS field employees in his day-to-day tasks. Recognizing that FSIS employees are the agency’s greatest asset, Mr. Almanza works diligently to foster productive relationships. In the most recent FSIS employee survey, top ten results indicate employees like their work, understand how it relates to the agency’s goals, have a sense of accomplishment, and believe in being held accountable.

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