PART 6Miscellaneous FCA functions in relation to the markets in financial instruments directive and markets in financial instruments regulation

Provision of information to other competent authorities regarding persons engaged in algorithmic trading or providing direct electronic access46

1

If the FCA is the competent authority of a person (“P”)—

a

engaging in algorithmic trading on a trading venue; or

b

providing direct electronic access to a trading venue;

the FCA must, on request, provide any competent authority of an EEA State which is the competent authority of the trading venue concerned any specified information it has received from P.

2

The specified information for the purposes of paragraph (1) is—

a

if P is engaging in algorithmic trading on a trading venue, any information referred to in the second sub-paragraph of Article 17.5 concerning the person’s algorithmic trading on the trading venue mentioned in paragraph (1)(a) and the systems used for that trading; or

b

if P is providing direct electronic access to a trading venue—

i

any information referred to in the first sub-paragraph of Article 17.5 of the markets in financial instruments directive on the systems and controls that the person has put in place in respect of the provision of direct electronic access to the trading venue mentioned in paragraph (1)(b); and

ii

any evidence that those systems and controls have been applied.