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SECTION 6 Conflicts of interest

Article 13 Management of conflicts of interest

An application for registration as a trade repository shall contain the following information on the policies and procedures to manage conflicts of interest put in place by the applicant:

  1. (a)

    policies and procedures with respect to the identification, management and disclosure of conflicts of interest and a description of the process used to ensure that the relevant persons are aware of the policies and procedures;

  2. (b)

    any other measures and controls put in place to ensure the requirements referred to in point (a) on conflicts of interest management are met.

Article 14 Confidentiality

  1. (1)

    An application for registration as a trade repository shall contain the internal policies, procedures and mechanisms preventing any use of information maintained in the applicant trade repository:

    1. (a)

      for illegitimate purposes;

    2. (b)

      for disclosure of confidential information;

    3. (c)

      not permitted for commercial use.

  2. (2)

    The internal policies, procedures and mechanisms shall include the internal procedures on the staff permissions for using passwords to access the data, specifying the staff purpose, the scope of data being viewed and any restrictions on the use of data, as well as detailed information on any mechanisms and controls in place to effectively manage potential cyber-risks and to protect the data maintained from cyber-attacks.

  3. (3)

    Applicants shall provide the FCA with information on the processes to keep a log identifying each staff member accessing the data, the time of access, the nature of data accessed and the purpose.

Article 15 Inventory and mitigation of conflicts of interest

  1. (1)

    An application for registration as a trade repository shall contain an up-to-date inventory, at the time of the application, of existing material conflicts of interest in relation to any ancillary or other related services provided by the applicant and a description of how these are being managed.

  2. (2)

    Where an applicant is part of a group, the inventory shall include any material conflicts of interest arising from other undertakings within the group and how these conflicts are being managed.