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Why depository institutions, with or without affiliated securities firms, can and should manage employee use of personal devices for work-related communications

Author

Listed:
  • Harvey, Richard H.

    (Executive Vice President, General Counsel and Director of Compliance Risk, Beneficial State Bank, USA)

  • Leotta, Michael J.

    (Partner, WilmerHale, USA)

  • Sachdev, Gautam

    (Partner, AlixPartners, USA)

Abstract

This paper shows how the failure to monitor for and prevent off-channel communications poses risk to traditional depository institutions that are not subject to the jurisdiction of securities-law regulators and shows how those institutions can mitigate that risk. US securities regulators have cracked down on broker-dealer, investment-adviser and futures commission merchant employees' use of unapproved personal devices and applications for business communications, imposing over US$2.8bn in penalties between December 2021 and April 2024. However, because there have not, at the time of writing this paper, been similar enforcement actions against traditional depository institutions that do not have securities affiliates, many traditional banks without securities affiliates have continued with business as usual. Nonetheless, the OCC has recognised that electronic communications can constitute records that must be retained pursuant to specific rules and that banks' failure to maintain adequate record retention systems in general can create significant reputation, transaction, credit and compliance risks. This paper aims to illuminate those risks and offers suggestions about how to address them.

Suggested Citation

  • Harvey, Richard H. & Leotta, Michael J. & Sachdev, Gautam, 2024. "Why depository institutions, with or without affiliated securities firms, can and should manage employee use of personal devices for work-related communications," Journal of Financial Compliance, Henry Stewart Publications, vol. 8(2), pages 154-166, December.
  • Handle: RePEc:aza:jfc000:y:2024:v:8:i:2:p:154-166
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    More about this item

    Keywords

    off-channel communications; business communications; personal devices; text messaging; record keeping; e-communications surveillance;
    All these keywords.

    JEL classification:

    • G2 - Financial Economics - - Financial Institutions and Services
    • E5 - Macroeconomics and Monetary Economics - - Monetary Policy, Central Banking, and the Supply of Money and Credit
    • K2 - Law and Economics - - Regulation and Business Law

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