ADVOKS GLOBAL · KENYA
The Capital Markets (Conduct of Business) (Market Intermediaries) Regulations
15. Client confidentiality
Edition: 2022-12-31 · In force
15. Client confidentiality
(1)A market intermediary shall keep all information in its possession relating to a client, whether obtained from the client or third parties confidential.(2)A market intermediary shall adopt and document policies and procedures designed to ensure that information obtained from clients and third parties is kept confidential and secure.(3)The policies and procedures adopted shall include—(a)a requirement that employees undertake to maintain confidentiality, in their contract of employment;(b)how to determine the employees who may have access to confidential information;(c)procedures that effectively restrict access to confidential information by employees through the use of secure document management, storage systems and encryption protected information, within the market intermediary’s Information Technology system; and(d)systems designed to safeguard the integrity of any electronic record or transaction recording system.(4)Notwithstanding paragraph (1), a market intermediary may disclose information relating to a client to the Authority or an approved securities exchange, on request, or if it is ordered to do so by a court of competent jurisdiction.