GEN 2.2.14 R (References to writing) has the effect that electronic media may be used to make communications that are required by the Handbook to be "in writing" unless a contrary intention appears. In ICOB, the use of an electronic medium is restricted in certain circumstances to a durable medium as required by the Distance Marketing Directive1 and the Insurance Mediation Directive1.11
have in place appropriate arrangements, including contingency plans, to ensure the secure transmission and receipt of the communication; it should also be able to verify the authenticity and integrity of the communication, together with the date and time sent and received; the arrangements should be proportionate and take into account the different levels of risk in a firm's business;
be able to demonstrate that the customer wishes to communicate using this medium; and
if entering into an agreement, make it clear to the customer that a contractual relationship is created that has legal consequences.