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Template:Express prior consent: Difference between revisions
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Who can say? And what of plain old “[[prior consent]]” — ''also'' a [[MiFID II]] expression — admitting as it does, of nods, winks, raised eyebrows and putting two and two together? | Who can say? And what of plain old “[[prior consent]]” — ''also'' a [[MiFID II]] expression — admitting as it does, of nods, winks, raised eyebrows and putting two and two together? | ||
Let [[CESR]] explain:<ref>See: {{tag|CESR}} | Let [[CESR]] explain:<ref>See: {{tag|CESR}}’s "[[Media:CESR Best Execution QA 07_320.pdf|Best Execution under MiFID]]" Questions and Answers document of May 2007 (CESR/07-320)</ref> | ||
{{quote|Q21 '''What is the difference between “consent” and “express consent”?''' | {{quote|Q21 '''What is the difference between “consent” and “express consent”?''' | ||
21.1 Where [[MiFID]] requires “[[prior express consent]]”, CESR considers that this entails | 21.1 Where [[MiFID]] requires “[[prior express consent]]”, CESR considers that this entails ''an actual demonstration of consent by the client which may be provided by signature in writing or an equivalent means'' (electronic signature), by a click on a web page or orally by telephone or in person, with appropriate record keeping in each case.}} | ||
Prior ''normal'' consent, on the other hand, does not. You can [[deem]] it by conduct — the placement of an order, for example. Or a nod, wink, waggle of the head or unambiguous bodily action. | Prior ''normal'' consent, on the other hand, does not. You can [[deem]] it by conduct — the placement of an order, for example. Or a nod, wink, waggle of the head or unambiguous bodily action. | ||