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Ofgem has hit Morgan Stanley with a £5.4 million fine after the regulator discovered wholesale energy traders at the bank had been communicating via WhatsApp.
These communications were made on privately-owned phones and discussed energy market transactions.
Ofgem ruled that this constituted a failure to record and retain electronic trading communications.
It is the first-ever fine issued in Britain under legal requirements to record and retain electronic communications relating to trading wholesale energy products.
The rules, which fall under the REMIT Enforcement Regulations, are designed to protect consumers and ensure market transparency and integrity by providing Ofgem the powers to investigate and sanction against market manipulation and insider trading.
Cathryn Scott, regulatory director of enforcement and emerging issues at Ofgem, said: “This fine sends a strong message to market participants that they must comply with all REMIT rules or face enforcement action.
“It is unacceptable that [Morgan Stanley] failed to prevent electronic communications which could not be recorded or retained. It risks a significant compromise of the integrity and transparency of wholesale energy markets.”
The breach emerged in responses to information requests made by Ofgem. The regulator found that while Morgan Stanley had policies in place which prohibited the use of WhatsApp for trading communications, it did not take sufficient steps to ensure compliance with its own policies and the requirements of the regulations.
Morgan Stanley has admitted the breaches which took place between January 2018 and March 2020, and said it has taken steps to ensure the breaches do not happen again, including enhanced staff training and the strengthening of its internal systems and controls.
Scott added: “We welcome the steps MSIP has taken to ensure the breaches do not happen again.”
In response to the fine Simon Francis, coordinator of the End Fuel Poverty Coalition, said: “It’s welcome that Ofgem has taken action against this type of behaviour. Wholesale energy prices underpin our energy bills and so anything which impacts on these prices is of concern to all households and businesses.
“But action on this particular case should remind us about wider concerns about the role of energy market trading.
“Every act of trading energy on the markets usually results in profit for the traders and ultimately adds to our bills. Units of energy can be traded several times before reaching our energy suppliers.
“We need to continue to ensure we have as much transparency as possible about all the firms who contribute to Britain’s broken energy system.”
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