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In this act Article 72 of 92
Text as of 2 Aug 2022 · Consolidated version of 2 August 2022 · Same wording as today’s text.Today’s text

Article 72 — Retention of records (Article 16(6) of Directive 2014/65/EU)

Financial servicesLevel 2Delegated RegulationMiFID IIIn forceOfficial source

72(1)

1.The records shall be retained in a medium that allows the storage of information in a way accessible for future reference by the competent authority, and in such a form and manner that the following conditions are met:

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72(1)(a)
(a)the competent authority is able to access them readily and to reconstitute each key stage of the processing of each transaction;
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72(1)(b)
(b)it is possible for any corrections or other amendments, and the contents of the records prior to such corrections or amendments, to be easily ascertained;
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72(1)(c)
(c)it is not possible for the records otherwise to be manipulated or altered;
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72(1)(d)
(d)it allows IT or any other efficient exploitation when the analysis of the data cannot be easily carried out due to the volume and the nature of the data; and
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72(1)(e)
(e)the firm's arrangements comply with the record keeping requirements irrespective of the technology used.
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72(2)

2.Investment firms shall keep at least the records identified in Annex I to this Regulation depending upon the nature of their activities.

The list of records identified in Annex I to this Regulation is without prejudice to any other record-keeping obligations arising from other legislation.

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72(3)

3.Investment firms shall also keep records of any policies and procedures they are required to maintain pursuant to Directive 2014/65/EU, Regulation (EU) No 600/2014, Directive 2014/57/EU and Regulation (EU) No 596/2014 and their respective implementing measures in writing.

Competent authorities may require investment firms to keep additional records to the list identified in Annex I to this Regulation.

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