FCA Publishes Proposed Rules to Extend Senior Manager & Certification Regime to All Financial Services Firms

by Dechert LLP
Contact

Dechert LLP

The UK’s Financial Conduct Authority (FCA) has published proposed rules1 to extend the senior manager & certification regime (SMCR) to all financial services firms.

In the extension to SMCR, the FCA proposes to apply principles consistent with the existing SMCR for banks but in a three tier regime under which the rules are applied in a manner which is proportionate to the size and business model of the firms in each tier.

The current SMCR model for banking firms will apply only to “enhanced SMCR firms,” (for example, asset managers with assets under management of at least £50 billion). Other firms will be subject to a lighter, less prescriptive regime.

The extension of SMCR also extends the “certification regime” under which individual firms and their senior managers (rather than the FCA) will be responsible for assessing and certifying the fitness and propriety of individuals carrying out a “certification” function on an ongoing basis. This is proposed to cover individuals presently registered under the approved person customer function as well as several other categories, including anyone who may be a material risk taker for the purposes of the FCA Remuneration Code.

New conduct rules, based on those which are currently applicable to banking firms, will apply to all firms and all of their staff except ancillary staff who do not perform a financial services role (such as receptionists, cleaners, HR administrators etc.). These rules will be directly enforceable and firms will be responsible for ensuring that staff are trained on them.

Timing

The FCA’s original intention was to roll out the extension of SMCR in the first quarter of 2018, in parallel with MiFID II coming into force. However, the FCA has indicated that SMCR will not be final form until Summer 2018, with HM Treasury to set an implementation date later in 2018.

The FCA has requested comments on its proposed rules by 3 November, 2017.

Scope

The Regimes

The FCA has proposed three regimes:

  • The Core Regime: applying a standard set of requirements to all FCA solo-regulated firms2 (“Core SMCR Firms”).
  • The Enhanced Regime: applying extra requirements for a small number of solo-regulated firms whose size, complexity and potential impact on consumers warrant more attention (“Enhanced SMCR Firms”).
  • The Limited Scope Regime: applying a reduced set of requirements to firms carrying out few regulated activities (“Limited Scope Firms”).

1. The Core Regime

The Core Regime will apply to all solo-regulated firms, unless the firm is exempt from the current approved persons regime, or subject to a limited application of the approved persons regime.

2. The Enhanced Regime

The Enhanced Regime will apply to firms that satisfy one of the following criteria:

  • A firm that is a Significant (IFPRU) Firm.3
  • A firm that is CASS Large Firm.4
  • Firms with assets under management of £50 billion or more per annum (at any time in the previous 3 years).
  • Firms that have total intermediary regulated business revenue of £35 million or more per annum.
  • Firms that have annual regulated revenue generated by consumer credit lending of £100 million or more per annum.
  • Mortgage lenders that are not banks with 10,000 or more regulated mortgages outstanding. 

3. The Limited Scope Regime

A firm that is currently subject to a limited application of the approved persons regime (for example, an internally managed AIF) is a Limited Scope Firm5.

Firms currently exempt from the approved persons regime are not in scope of the SMCR.

The Regime Requirements

1. The Core Regime

(a) Senior Managers - Approval, Functions and Prescribed Responsibilities

The following senior management functions (“SMFs”) are proposed.

Four "governing functions":

  • SMF9: Chair
  • SMF1: Chief executive
  • SMF3: Executive director
  • SMF27: Partner

Two "required functions":

  • SMF16: Compliance oversight
  • SMF17: Money laundering reporting officer (MLRO)

Persons who wish to carry out SMFs will continue to need prior FCA approval. There is no territorial limitation on the scope of SMFs.

The FCA has also proposed that the firm should undertake a criminal records check for each applicant who will carry out a SMF. Regulatory references will also be required for persons performing SMFs. A person performing a SMF may hold more than one SMF.

Every person performing a SMF will need to have a "statement of responsibilities," setting out his or her role. This will need to be submitted to the FCA as part of the SMF approval process.

In addition, the FCA has proposed a list of prescribed responsibilities (“PRs”). These responsibilities must only be performed by a person approved to carry out a SMF, but a firm is free to decide which of its persons holding a SMF should be responsible for each of them.

Seven prescribed responsibilities are proposed for the Core Regime:

PR1: Performance by the firm of its obligations under the senior manager’s regime, including implementation and oversight.

PR2: Performance by the firm of its obligations under the certification regime.

PR3: Performance by the firm of its obligations in respect of notifications and training of the Conduct Rules.

PR4: Responsibility for the firm's policies and procedures for countering the risk that the firm might be used to further financial crime.

PR5: Responsibility for the firm's compliance with Protection of Client Assets and Money (CASS) obligations, if applicable

PR6: Responsibility for ensuring the governing body is informed of its legal and regulatory obligations.

PR7: Responsibility for an authorised fund manager's value for money assessments, independent director representation and acting in investors' best interests.

If there is only one senior manager in a firm, that person will need to fulfil all of the PRs.

Duty of responsibility

Each person holding a SMF will have a statutory duty of responsibility. This means that, if the firm breaks one of the FCA's rules, the person performing the SMF responsible for that area could be held accountable if that person failed to take "reasonable steps" to prevent or stop the breach. The burden of proof for establishing the lack of reasonable steps remains with the FCA.6

Therefore, in applying the duty of responsibility, the relevant statement of responsibility will be crucial in establishing the scope of an individual’s responsibility.

(b) Certification Regime

A certification regime will apply to those staff who do not carry out SMFs, but who carry out functions that involve, or might involve, a risk of significant harm to the firm or any of its customers (“Certification Functions”).

Firms will be responsible for certifying at least once a year that these people are suitable to carry out the respective Certification Function.

The following are proposed as Certification Functions:

  • Significant management function (based on CF 29).
  • Proprietary traders (also covered by current CF 29).
  • CASS oversight function (current CF 10a).
  • Functions subject to qualification requirements.
  • Client dealing function.7
  • Algorithmic traders.
  • Material risk takers.
  • Anyone who supervises or manages anyone performing any a Certified Function (directly or indirectly) but is not carrying out a SMF.

The Certification Functions only apply where the firm has people in these roles. Therefore, it is possible that in very small firms there will be no one in the Certification Regime if there are only a handful of senior individuals (who will be carrying out the SMFs).

(c) Conduct Rules

Conduct Rules will apply to persons carrying out SMFs and Certification Functions and also to all other staff other than ancillary staff.

The Conduct Rules set out the expected behavioural standards and are similar to the existing Statements of Principle applicable to approved persons under the approved persons regime.

There are two tiers of rules: The first tier applies to persons carrying out SMFs and Certification Functions and other staff other, while the second applies only to persons performing SMFs:

First Tier – Individual Conduct Rules

  1. You must act with integrity.
  2. You must act with due care, skill and diligence.
  3. You must be open and cooperative with the FCA, the PRA and other regulators.
  4. You must pay due regard to the interests of customers and treat them fairly.
  5. You must observe proper standards of market conduct.

Second Tier – Senior Manager Conduct Rules

SC1. You must take reasonable steps to ensure that the business of the firm for which you are responsible is controlled effectively.

SC2. You must take reasonable steps to ensure that the business of the firm for which you are responsible complies with the relevant requirements and standards of the regulatory system.

SC3. You must take reasonable steps to ensure that any delegation of your responsibilities is to an appropriate person and that you oversee the discharge of the delegated responsibility effectively.

SC4. You must disclose appropriately any information of which the FCA or PRA would reasonable.

The FCA has proposed that the Conduct Rules apply to a firm's regulated and unregulated business, including any related ancillary activities.

2. The Enhanced Regime

Obligations applicable to Enhanced SMCR Firms will include those under the Core Regime, together with a number of additional roles characterised as a SMFs. The number and type of prescribed responsibilities are also increased.

The following functions are SMFs in Enhanced SMCR Firms:

  • SMF2: Chief finance function
  • SMF4: Chief risk function
  • SMF5: Head of internal audit
  • SMF14: Senior independent director
  • SMF12: Chair of the remuneration committee
  • SMF10: Chair of the risk committee
  • SMF11: Chair of the audit committee
  • SMF13: Chair of the nominations committee
  • SMF7: Group entity senior manager
  • SMF24: Chief operations function
  • SMF18: Other overall responsibility

Enhanced SMCR Firms will need to appoint a senior manager to have overall responsibility for every area, business activity and management function of the firm. In addition, such firms will need to put in place "responsibilities maps": a single document that will set out the firm's management and governance arrangements.

The following are prescribed responsibilities:

PR8: Compliance with the rules relating to the firm's responsibilities map.

PR9: Safeguarding and overseeing the independence and performance of the internal audit function (in accordance with SYSC 6.2).

PR10: Safeguarding and overseeing the independence and performance of the compliance function (in accordance with SYSC 6.1).

PR11: Safeguarding and overseeing the independence and performance of the risk function (in accordance with SYSC 7.1.21R and SYSC 7.1.22R).

PR12: If the firm outsources its internal audit function, taking reasonable steps to ensure that every person involved in the performance of the service is independent from the persons who perform external audit, including:

  • supervision and management of the work of outsourced internal auditors.
  • management of potential conflicts of interest between the provision of external audit and internal audit services.

PR13: Developing and maintaining the firm's business model.

PR14: Managing the firm's internal stress-tests and ensuring the accuracy and timeliness of information provided to the FCA for the purpose of stress-testing.  

The FCA expects firms to allocate the prescribed responsibilities to an Executive Director or Partner, with the exception of PR9, PR10 and PR11, which should be allocated, where possible, to a Senior Manager who is a Non-Executive Director of the firm or a Partner who does not have management responsibilities.

3. The Limited Scope Regime

Limited Scope Firms will be subject to the Conduct Rules. The only required SMF roles and required approval here are for persons carrying out functions falling under SMF16, SMF17 and SMF29.

Prescribed responsibilities will not apply to Limited Scope Firms.

What Firms Need to be Doing

The extension of SMCR will have a significant impact on firms. To be ready for its introduction, firms will need to do a number of things, including:

  • Assess whether they are caught by the Core, Enhanced or Limited Scope Regime.
  • Identify if an individual is performing or going to perform a Senior Management Function.
  • Assess that individual to ensure they are fit and proper and ensure they understand their responsibilities.
  • Prepare a statement of responsibilities and apply to the FCA for approval for the individual.
  • Ensure that the statements cover all prescribed responsibilities (if appropriate).
  • Identify who is performing a certification function.
  • Assess whether they are fit and proper and, if so, issue a certificate to that effect covering prescribed matters.
  • Put in place systems (including HR and IT systems) to ensure that:
    • an annual fit and proper assessment is carried out for senior managers and staff performing certification functions;
    • all staff are trained on their conduct rules;
    • changes are updated in the senior management statements of responsibility and resubmitted to the FCA.
  • If subject to the Enhanced Regime, firms will also need to prepare responsibility maps, handover procedures and ensure that a senior manager is responsible for every area of the firm.

Despite the potentially delayed introduction, firms should now be considering the likely impact of the extension of SMCR on their business and appointing a project team to prepare a project plan and ensure that the firm is ready by likely implementation in the second half of 2018.

Footnotes

1) Consultation Paper 17/25: Individual Accountability: Extending the Senior Managers & Certification Regime.

2) Solo-regulated firms are regulated by the FCA only. Dual-regulated firms are regulated by the FCA and the PRA.

3) A firm is a significant IFPRU firm if it meets, at any time, one or more of the following conditions:
- its total assets exceeds £530 million;
- its total liabilities exceeds £380 million;
- the annual fees and commission income it receives in relation to the regulated activities carried on by the firm exceeds £160 million in the 12-month period immediately preceding the date the firm carries out the assessment under this rule on a rolling basis;
the client money that it receives or holds exceeds £425 million; and
- the assets belonging to its clients that it holds in the course of, or connected with, its regulated activities exceeds £7.8 billion.

4) A firm is CASS Large Firm if the highest total amount of client money held is more than £1 billion during the firm’s last calendar year or as the case may be that it projects that it will hold during the current calendar year or if the highest total value of safe custody assets held by the firm is more than £100 billion during the firm's last calendar year or as the case may be that it projects that it will hold during the current calendar year.

5) See page 15 of CP 17/25 for a list of Limited Scope Firms.

6) Section 4.21 of CP 17/25

7) This function will be expanded from the current CF30 function to apply to any person dealing with clients, including retail and professional clients and eligible counterparties. This will cover people who:
- advise on investments (other than a non-investment insurance contract) and perform other related functions, such as dealing and arranging;
- deal, as principal or agent, and arrange (bring about) deals in investments;
- act in the capacity of an investment manager and all functions connected with this; and
- act as a bidder’s representative.

 

Written by:

Dechert LLP
Contact
more
less

Dechert LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.