IIROC 2012 CLS Annual Compliance Conference

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Transcript IIROC 2012 CLS Annual Compliance Conference

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Dan Bowering, Chief Compliance Officer, Macquarie Private Wealth Silu Modi, Vice President, Digital Marketing, Macquarie Private Wealth Rob Brush, Crawley Meredith Brush Mackewn LLP Image: http://www.arikhanson.com/2011/05/05/how-to-conduct-a comprehensive-social-media-audit/ Moderators: Shailesh Ambike Denise Carson

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Overview

• Regulated Communications • Static Social Media Content • Interactive Social Media Content • The Problem with Third Parties • General Considerations for Social Media Policies and Procedures Image credit: http://www.globallegalpost.com/blogs/management speak/the-law-firm-social-media-solution-5582988/#.ULZbn4b5Urc

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Communications: Review, Supervision and Record-Keeping

• IIROC Rule 29.7: Advertising, sales literature and correspondence • NI 31-103: Requirements General Record Keeping • Pre-review and approval • Post-use review and/or sampling • Record Retention

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Social Media Subject to IIROC Rules and Securities Legislation

Communications via social media are subject to Dealer Member Rules and securities legislation, “regardless of the method by which communication takes place, and however evolve …” social media websites

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Classifying Communications

Static Social Media Content vs. Interactive Social Media Content

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Static Social Media Content

• Wall, background and profile information • Akin to template advertising • Requires pre-review and supervision

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Interactive Social Media Content

• Instant messaging • Facebook wall • Comments

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Static and Interactive Content

Static Content Interactive Content

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

The Problem with Third Parties

Hey – what are you up to?

User: Approved Person:

Oh hey!

I’m just working on a blurb to submit to my boss describing my work experience for some PR pamphlet the office is putting together. Mind taking a look for me for typos/style before I submit it for approval?

User:

No problem – just copy/paste it in and I’ll look at it right now.

Approved Person:

Approved Person brings a wealth of experience and insight in the market to clients, and can guarantee a rate of return of 10%/year on client’s investments

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

The Problem with Third Parties

Hey – what are you up to?

User: Approved Person:

Oh hey!

I’m just working on a blurb to submit to my boss describing my work experience for some PR pamphlet the office is putting together. Mind taking a look for me for typos/style before I submit it for approval?

User:

No problem – just copy/paste it in and I’ll look at it right now.

Screen Capture Approved Person:

Approved Person brings a wealth of experience and insight in the market to clients, and can guarantee a rate of return of 10%/year on client’s investments

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

The Problem with Third Parties

Approved Person:

Approved Person brings a wealth of experience and insight in the market to clients, and can guarantee a rate of return of 10%/year on client’s investments

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Social Media Policies and Procedures • Who • What • From Where • How

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Permitted Users

• Training • Compliance History • Ongoing Supervision

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media Image credit: http://www.floodlight.ca/internet marketing-kelowna/social-media /

Which Platforms?

• Privacy Policies • Ability to control and delete user content • Ability to control and delete third party content • Record-keeping

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media • Firm-owned devices • Personal computers • Smartphones • Supervision • Record-keeping

From Where

Image: http://tommytoy.typepad.com/tommy-toy-pbt-consultin/2012/10/while-smartphones-have-reached critical-mass-tablets-are-poised-to-do-the-same-soon-as-a-form-factor-tablets-simultaneousl.html

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media • Regulated communication • Permitted communication • Third party communication • Supervision • Corrective Action • Record Keeping

How

Image: http://www.smartpassiveincome.com/blog-post checklist-after-publish/

Dan Bowering Silu Modi Rob Brush

IIROC 2012 CLS Annual Compliance Conference

Regulatory Compliance in the Age of Social Media

Questions?