Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

CHAPTER II ORGANISATIONAL REQUIREMENTS (Article 64(3), (4) and (5), Article 65(4), (5) and (6), and Article 66(2), (3) and (4) of Directive 2014/65/EU)

Article 5 Conflicts of interest

  1. (1)

    A data reporting services provider shall operate and maintain effective administrative arrangements, designed to prevent conflicts of interest with clients using its services to meet their regulatory obligations and other entities purchasing data from data reporting services providers. Such arrangements shall include policies and procedures for identifying, managing and disclosing existing and potential conflicts of interest and shall contain:

    1. (a)

      an inventory of existing and potential conflicts of interest, setting out their description, identification, prevention, management and disclosure;

    2. (b)

      the separation of duties and business functions within the data reporting services provider including:

      1. (i)

        measures to prevent or control the exchange of information where a risk of conflicts of interest may arise;

      2. (ii)

        the separate supervision of relevant persons whose main functions involve interests that are potentially in conflict with those of a client;

    3. (c)

      a description of the fee policy for determining fees charged by the data reporting services provider and undertakings to which the data reporting services provider has close links;

    4. (d)

      a description of the remuneration policy for the members of the management body and senior management;

    5. (e)

      the rules regarding the acceptance of money, gifts or favours by staff of the data reporting services provider and its management body.

  2. (2)

    The inventory of conflicts of interest as referred to in paragraph 1(a) shall include conflicts of interest arising from situations where the data reporting services provider:

    1. (a)

      may realise a financial gain or avoid a financial loss, to the detriment of a client;

    2. (b)

      may have an interest in the outcome of a service provided to a client, which is distinct from the client's interest in that outcome;

    3. (c)

      may have an incentive to prioritise its own interests or the interest of another client or group of clients rather than the interests of a client to whom the service is provided;

    4. (d)

      receive or may receive from any person other than a client, in relation to the service provided to a client, an incentive in the form of money, goods or services, other than commission or fees received for the service.