Regulation round-up April 2021

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financial conduct authority

Regulation round-up 

Mark Steward, Executive Director Enforcement & Market Oversight

Whistleblowing: report to us in confidence, with confidence 

We’ve launched a whistleblowing campaign ‘in confidence, with confidence’ to encourage individuals working in financial services firms to report potential wrongdoing to us. 

Whistleblowing matters to us and provides vital insight to help us expose poor practice and prevent wrongdoing in the markets we regulate.  

We expect firms’ senior management to have effective whistleblowing arrangements in place to enable employees to raise concerns. However, we understand that some may be reluctant to speak out or to report potential wrongdoing internally.  

That’s why we’ve developed guidance to outline how whistleblowing works. It will reassure potential whistleblowers and give them the confidence to come forward if they need to.

Access the whistleblowing guidance and share it with your firm’s whistleblowing champion (see the resources section). 

We assess every report we receive and protecting our whistleblowers’ identity is at the heart of what we do. Whistleblowers can choose to remain anonymous and many do.  

We’ve increased resources in our specialist team trained to interact directly with whistleblowers and all FCA staff now undertake mandatory e-learning to help identify whistlebblowers and act on the intelligence they provide.  

When whistleblowing works well it helps consumers, markets and firms and keeps everyone safe. If you think a firm or individual is involved in wrongdoing in an area we regulate, see our whistleblowing pages for more information about who can make a report and how to get in touch.

Hot Topic

Operational Resilience

At the end of March, we published our final rules and guidance for relevant firms on new requirements to strengthen operational resilience in the financial sector, alongside the Bank of England and the Prudential Regulation Authority.  

Operational disruptions can cause wide-reaching harm to consumers, pose risks to market integrity, threaten the viability of firms and cause instability in the financial system. The disruption caused by Covid-19 has shown why it is critical for firms to understand their services end to end, know the disruption those services can withstand, and test their ability to do just that.  

In December 2019, we consulted on proposed changes to how firms approach their operational resilience. We saw a high level of engagement with the consultation, with most respondents supporting our proposals.  In response to feedback, we have made some changes, including to give firms more time and flexibility to meet mapping and scenario testing requirements. We have also provided more information and examples on how the policy applies.  

Next steps  

By 31 March 2022, relevant firms must have  

  • identified their important business services 
  • set impact tolerances for maximum tolerable disruption  
  • carried out mapping and testing to a level of sophistication necessary to ensure adherence to those tolerances 

After 31 March 2022, firms must have performed mapping and testing so that they can make the changes or investments necessary to be able to remain within impact tolerances for each important business service no later than 31 March 2025. 

All Sectors

Joint FCA & Practitioner Panels Survey

A selection of firms across the industry will shortly be contacted by research firm Kantar Public for the regular FCA and Practitioner Panel survey of regulated firms. If your firm is selected to take part, please use the opportunity to tell us what you think about the work of the FCA

Whistleblowing: our expectations 

We’ve previously published rules and guidance setting out our expectations for firms’ whistleblowing procedures. Firms are reminded they should have effective arrangements in place for employees to raise concerns and to be able to handle them appropriately and confidentially. The requirement to appoint a whistleblowers’ champion ensures senior management has oversight over the integrity, independence and effectiveness of firms’ arrangements. This includes protecting whistleblowers from victimisation and overseeing the preparation of an annual report.  We expect firms’ senior management to ensure they have fully considered and implemented effective whistleblowing arrangements and to continuously assess how they work in practice.

New online invoicing portal 

We are pleased to announce that our new online invoicing portal is now live. As with the previous portal, firms can use the portal to access their invoices and arrange payment of their fees. We encourage you to visit our website to access the new portal and find more information on the steps that you will need to take if you are logging into the system for the first time

Open finance 

We published a feedback statement to our Call for Input on open finance on 26 March 2021. Responses show that open finance could potentially offer significant benefits to consumers, but it would also create or increase risks and raise new questions of data ethics. They also showed a degree of consensus around the key building blocks needed for open finance to develop in the interests of consumers. Read our news item or the feedback statement for more detail on respondents’ views as well as our next steps on open finance. 

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Coronavirus

Women’s Economic Empowerment TechSprint & Conference 

Last month we held a Women’s Economic Empowerment TechSprint which focussed on the experience of women who have been disproportionately affected by Covid-19. Teams at the event were tasked with developing solutions focussing on how digital ID and alternative credit scoring can increase financial access, inclusion and resilience. A conference was held in parallel to the TechSprint involving discussions how technology and innovation can improve the financial situation of women and vulnerable consumers around the globe, and the importance of gender diversity to regulation You can register and view all team demonstrations and conference sessions on-demand. 

Support for mortgage and consumer credit customers

We published a report on how firms are providing tailored support for mortgage and consumer credit customers. This sets out that firms have responded well to the challenge, increasing their resources and enhancing their polices and processes. The report identifies areas for improvement, including the approach to assessing individual circumstances, use of automation, appropriate training for staff and the treatment of vulnerable consumers. We are now starting to assess customer outcomes in more detail. 

Finalised guidance on repossessions

We published our finalised guidance on repossessions. This should ensure that mortgage customers whose homes may be repossessed are treated fairly and appropriately. Particularly where there are risks of harm to customers who are vulnerable, including as a result of coronavirus. This will provide protection for customers when government restrictions, which prevent firms from enforcing repossession in certain parts of the UK, end or where they do not apply. 

Cancellations and refunds

Due to Covid-19 a number of services, such as travel arrangements, events and weddings have been cancelled. It is important that consumers in these circumstances are aware of and understand their rights and options for claiming their money back. 

We have extended our temporary guidance to help reduce the frustration and inconvenience being experienced by consumers trying to obtain a refund, due to the ongoing impact of the pandemic. The guidance will remain in place during the exceptional circumstances arising out of Covid-19 until varied or revoked. 

LIBOR

PRA/FCA Dear CEO letter – transition from LIBOR to Risk Free 

On 26 March, we and the PRA published a joint Dear CEO letter on the transition from LIBOR to Risk-Free Rates. This letter sets our expectation that all dual-regulated firms meet the Working Group's milestones on Sterling Risk-Free Reference Rates and the targets of other currency working groups and relevant supervisory authorities, as appropriate. Firms are reminded that the onus is on them and their responsible Senior Manager(s) to determine the specific steps required to mitigate the risks to safety and soundness arising from their firm's exposure to LIBOR, ensure good client outcomes and preserve market integrity. 

Banks & Building Societies

Women’s Economic Empowerment TechSprint & Conference 

Last month we held a Women’s Economic Empowerment TechSprint which focussed on the experience of women who have been disproportionately affected by Covid-19. Teams at the event were tasked with developing solutions focussing on how digital ID and alternative credit scoring can increase financial access, inclusion and resilience. A conference was held in parallel to the TechSprint involving discussions how technology and innovation can improve the financial situation of women and vulnerable consumers around the globe, and the importance of gender diversity to regulation You can register and view all team demonstrations and conference sessions on-demand. 

Life Insurance & Pension Providers

Women’s Economic Empowerment TechSprint & Conference 

Last month we held a Women’s Economic Empowerment TechSprint which focussed on the experience of women who have been disproportionately affected by Covid-19. Teams at the event were tasked with developing solutions focussing on how digital ID and alternative credit scoring can increase financial access, inclusion and resilience. A conference was held in parallel to the TechSprint involving discussions how technology and innovation can improve the financial situation of women and vulnerable consumers around the globe, and the importance of gender diversity to regulation You can register and view all team demonstrations and conference sessions on-demand. 

Consumer Credit

Women’s Economic Empowerment TechSprint & Conference 

Last month we held a Women’s Economic Empowerment TechSprint which focussed on the experience of women who have been disproportionately affected by Covid-19. Teams at the event were tasked with developing solutions focussing on how digital ID and alternative credit scoring can increase financial access, inclusion and resilience. A conference was held in parallel to the TechSprint involving discussions how technology and innovation can improve the financial situation of women and vulnerable consumers around the globe, and the importance of gender diversity to regulation You can register and view all team demonstrations and conference sessions on-demand. 

Reminder: Post-Brexit changes for some consumer credit firms from 1 June 2021

We are reminding consumer credit firms subject to regulations 8, 10 and 11 of the Consumer Credit (Disclosure of Information) Regulations 2010  and CONC 2.7.2R(4)(a) of changes that take effect from 1 June 2021.   

These changes relate to the need to use the new (post-Brexit) pre-contract consumer credit information forms, rather than the old forms. 

If the Disclosure Regulations are not complied with, the credit agreement is only enforceable against the debtor on an order of the court under the Consumer Credit Act 1974. 

Further information can be accessed here.

Credit Unions

Women’s Economic Empowerment TechSprint & Conference 

Last month we held a Women’s Economic Empowerment TechSprint which focussed on the experience of women who have been disproportionately affected by Covid-19. Teams at the event were tasked with developing solutions focussing on how digital ID and alternative credit scoring can increase financial access, inclusion and resilience. A conference was held in parallel to the TechSprint involving discussions how technology and innovation can improve the financial situation of women and vulnerable consumers around the globe, and the importance of gender diversity to regulation You can register and view all team demonstrations and conference sessions on-demand. 

FinTech & Innovative Business

Women’s Economic Empowerment TechSprint & Conference 

Last month we held a Women’s Economic Empowerment TechSprint which focussed on the experience of women who have been disproportionately affected by Covid-19. Teams at the event were tasked with developing solutions focussing on how digital ID and alternative credit scoring can increase financial access, inclusion and resilience. A conference was held in parallel to the TechSprint involving discussions how technology and innovation can improve the financial situation of women and vulnerable consumers around the globe, and the importance of gender diversity to regulation You can register and view all team demonstrations and conference sessions on-demand. 

Claims Management Companies

FCA urges Claims Management Companies and High Cost Lenders to work better together 

We recently published a news story which highlighted some tensions that have been reported to us between High Cost Lenders (HCLs) and Claims Management Companies (CMCs). 

In the news story we reminded HCLs and CMCs that we expected them to work together to resolve disputes and disagreements in the interest of their customers, and we encourage CMCs and HCLs to agree streamlined claims handling processes with each other, where possible.   

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