ADVERTISEMENTS: Any commercial
communication, address to the consumer
public, with the purpose of advertising a
regulated activity or a regulated entity
EXCLUDING: name plaques,
sponsorship material,
prospectus drawn in
accordance with Prospectus
Directive
Print advertisements
Radio/TV
Flyers
Product Brochure
websites
ADVERTISEMENTS
Gral Requirement
Make clear that it is an advertisement
Any consumer can reasonably be expected to know it is an advertisemnt
Clear as to Who is publishing the advertisemnt
The name of the form must
be clearly shown
Clear, Fair Accurate and NOT misleading
Design , Presentation and content
Ensure Key information is prominent
information must be not obscure or disguise
Small print only to elaborate Key Information
must be sufficient size and prominence to be clearly legible
Include warning Statements, where they apply
must be in a BOx, in BOLD, size equal to the predominant font size used, appear SIMULTANEOUSLY with benefits
if radio advertise will suffice at the end of advertisement
Disclosed Tied Status, if tied to one Financial Institution
Explain any Initialism or acronyms, eg. APR, CAR
Disclosure of
regulatory status
Full Legal Name,
Trading as , is
regulated by the
central bank of
Ireland
No additional text to be added
Must not be pesented as to
appear to be en
endorsmemt
Inclusion of warning statements,
vary by the type of financial
product
Warning: the value of your
investment may go down as well as
up
Warning: if you invest in this
product you may lose some or all of
the money you invest
Use of the term INDEPENDENT and BROKER
INDEPENDENT
service
that service is provided
on the basis of a fair
analysis of the market
At least 75 % of its annual turn over
derived from a " FAIR ANALYSIS OF THE
MARKET " basis
Consumers has option of paying
for that service by fee
INDEPENDENT
firm
Principal ACTIVITIES of
a firm are provided
on a fair analysis
basis
Consumers has option of
paying for any services by fee
At least 75 % of its annual turnover
derived from a " FAIR ANALYSIS OF
THE MARKET " basis
BROKER
PRINCIPAL ACTIVITIES
of a firm are
provided on a fair
analysis
At least 75 % of its annual
turnover derived from a "
FAIR ANALYSIS OF THE
MARKET " basis
Personal Visits and
Unsolicited phone calls
Applicable
to
n/a
MIFID investment Services
ONLY
MIFID in relation to
Insurance
PRSAs
Tracker Bonds
Deposits
ALL firms
established in the
estate Licensed or
Authorised by the
Central Bank
ALL firms established
and Authorised or
Licence In another EU
member estate
CREDIT UNIONS:
in respect of
core savings and
loans
Credit Union when
acting as Insurance
Intermediary
Data Protection
Act
Restrictions on
the use of
personal data
for marketing
Seek to protect the privacy of
individuals and their personal
information
imposing various restrictions on firms
USE OF PERSONAL data for marketing
purpose
Personal data
should
Obtain and Process
Fairly
Used for only 1 or more SPPECIFIED, explicit and legitimate
purpose
should not be process in a manner incompatible with the
purpose(s) for which it was optained
Be adequate,relevant and not excessive for the purpose(s) for which
it was collected
Be Accurate, complete and, where necessary, kept up to date
Should not be kept for longer than necessary for the purpose of which was collected
FIRMS: are
the data
controllers
Data controllers must
take appropriate security
measures against
unauthorised access
OR unauthorised
alteration, disclosure or
destruction of, the
personal data
In particular where the
processing involves the
transmission of data
over a network, or
against other unlawful
forms of processing
Data Controller must
give a copy of
personal data held
upon individual
request
breaches
penalties up to 100k, may be order to delete all or part of their data based
providing certain rights to consumers
Access
Correct inaccurate information
have certain data and information removed
complain to the data protection commissioner when they feel data had been
misused
PERSONAL DATA relating to a living
individual,who is or can be identify
from the data or the data in
conjuction
Automated data held in computer
Manual data held in paper
systems
These principles are binding, any
failure to observe them is a
breach of the Data Protection Act
fines up to 100k
and /or may be ordered to
delete data held
Customer cannot
be market for any
other product not
specify in the
data protection
consent
Firms cannot
use clients
details to try t
market to
him/her some
other product
or service or to
pass on her
personal
details to
another entity
UNLESS OPT IN
in the consent
form
Electronic Privacy Regulation
Restrictions on use
of email, texting and
phone calls
email & Texting
THE FIRM must
At the time of the of the
selling pf product/service
give the consumer the
opportunity to opt out of
the future use of his or her
email address or mobile
number for marketing
purpose
IF individual
DID NOT opt
out
The Firm CAN can send
unsolicited email/text ONLY IF
If product market or serviced
is the Firm own product
If Product market now is similar to that originally supplied by the firm
If consumer is CLEARLY and DISTInCTLY given the
opportunity to object, in an eease manner and without
charge, to use of his email pr text ex. OPTOUT UNSUBSCRIBE
the sale of the original product or service
occurred within the last 12 months
is deemed to he
opted out if the
firm has not
send him
marketing
information for
the las 12 month
Websites
the use of cookies
on websites
or Privacy statement
ion website
Telephone Contact
A regulated entity may
make telephone
contact with a
consumer who is an
existing customer,
only if:
EXISTING CUSTOMERS
ONLY IF
the regulated entity has, within
the previous twelve months,
provided that consumer with a
product or service similar to
the purpose of the telephone
contact
the regulated entity has, within the
previous twelve months, provided that
consumer with a product or service
similar to the purpose of the
telephone contact
the consumer has given his or
her consent to being contacted
in this way by the regulated
entity.
CONSUMERS other than
an existing customer
POTENTIAL CUSTOMERS
ONLY IF
the purpose of
the telephone
contact is limited
to offering
protection policies
only; or
ALL GENERAL insurance
life assiurance, such motor
and liability insurance
with the purpose of provide PROTECTION
PERMANENT health insurance
annuaities, both conventional and unit link
referral with
express
consent
provided
Listed in the BUSINESS
listed section of the
current telephone
directoty, classified or
trade professional
circulatiing in the state
MEETING POTENTIAL CLIENT
IDENTYFY,
YOURSELF,
YOUR FIRM,
state on bhalf of
who and reason of
the contact
inform
telephone call is
being recorded
if that is the
case
disclose the the
source of the business
lead or referral
establish of they wish to
continue with phone call
/email)
PROVIDE TERM OF BUSINESS
DOC, on a stand alone basis
before providing financial advice