The TRADE 55 | Page 15

[ N E W S firms need to respond quickly and robustly in order to demonstrate to regulators that their processes are solid,” commented Phillis. Firms are reinforcing their data security in anticipation of GDPR, although cyber-protection has been a long-standing area of concern for organisations across the capital markets, many of whom have ratcheted up their IT infrastruc- ture, implemented cybersecurity processes and policies such as mandatory encryption of sensitive client information, and brought in consultants to train staff on how to avoid being hacked or phished. Larger organisations are in the midst of recruiting chief data protection officers, a newly-creat- ed position under GDPR for firms with more than 250 staff. “Major banks have employed chief infor- mation security officers and data protection officers for a long time now, so this requirement is fairly straightforward,” said Phillis. Getting GDPR wrong is an expensive mistake to make with fines of up to €20 million or 4% of annual turnover. The UK Finan- cial Conduct Authority (FCA) reminded financial institutions in early February of their GDPR obligations, adding there were no conflicts of interests between the “Getting GDPR wrong is an expensive mistake to make with fines of up to €20 million or 4% of annual turnover.” latest rules and FCA provisions around data processing, an issue which several organisations had previously flagged. Others feel there are arbitrages elsewhere with GDPR. “There are R E V I E W ] some potential conflicts between GDPR and other regulations. MiFID II, for example, requires financial institutions to record tele- phone calls and hold that data for a prescribed period of time, so mar- rying that requirement with GDPR could be tricky albeit not insur- mountable. A key concern would be an inability to provide for lee- way outside the strict requirements of the other legislation creating obligations potentially conflicting with GDPR,” said Browne. A handful of experts have con- templated whether Brexit could delay or disrupt GDPR’s imple- mentation in the UK. The answer is clearly not, as the UK will still be a member of the EU at the point of GDPR’s go-live date, a point made by Phillis. “There is unlikely to be significant divergence in terms of the UK’s application of GDPR and the EU rules for the next 12 to 18 months,” she said. Issue 55 // TheTradeNews.com // 15