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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 14 – Internal Controls

Welcome to a special podcast series on the Compliance Podcast Network, 31 Days to a More Effective Compliance Program. Over these 31 days of the series in January 2025, Tom Fox will post a key part of a best practices compliance program daily. By the end of January, you will have enough information to create, design, or enhance a compliance program. Each podcast will be short, at 6-8 minutes, and will include three key takeaways you can implement at little or no cost to help update your compliance program. I hope you will join us each day in January for this exploration of best practices in compliance.

Today, the focus is on internal controls and their critical role in compliance frameworks. The episode provides a comprehensive definition of internal controls, emphasizing their importance for achieving operational efficiency, reliable financial reporting, compliance with laws and policies, and the reduction of risks such as fraud and waste. The discussion highlights the requirements outlined in the FCPA for internal controls, including the authorization and documentation of transactions and the protection and accountability of assets. Moreover, four significant internal controls for compliance practitioners are identified: delegation of authority, maintenance of the vendor master file, contracts with third parties, and management of cash and currency transfers. The episode underscores that effective internal controls are essential and mandated by the FCPA, forming a cornerstone of any robust compliance program.

Key highlights:

  • Defining Internal Controls
  • Key Components of Internal Controls
  • Internal Controls in Compliance Programs

Resources:

Listeners to this podcast can receive a 20% discount on The Compliance Handbook, 5th edition, by clicking here.

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Daily Compliance News

Daily Compliance News: January 14, 2025 – The RTO Compliance Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News—all from the Compliance Podcast Network. Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

Top stories include:

  • Using AI as an excuse for ‘cost avoidance.’ (WSJ)
  • Crypto’s compliance conundrum. (CoinDesk)
  • Has corporate purpose lost its purpose? (FT)
  • Return To Office compliance. (Bloomberg)

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out The FCPA Survival Guide on Amazon.com.

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Word of the Week

Word of the Week – Maximum

Each week, Kenneth O’Neal discusses a word that describes a principle or value of the Qualities of Success. We suggest you use the Word of The Week in your thoughts, deeds, and actions. You might possess the quality and desire to develop it to a higher level.  You could replace a bad habit with a good habit. Write an action step and use it daily to develop the Quality in your life. In this episode, Kenneth discusses the word Maximum.

Kenneth discusses this week’s ‘Word of the Week’—Maximum and encourages listeners to incorporate it into their lives. He discusses the importance of words and deeds in achieving a positive mindset, referencing historical examples such as post-WWII Japan and Leonardo da Vinci to demonstrate the power of striving toward maximum potential. Kenneth shares practical tips for mental, spiritual, and physical well-being, emphasizing aligning actions with beliefs and values. He highlights the importance of guidance from a higher power and announces upcoming opportunities for further engagement with the community.

Key highlights:

  • Embracing Maximum Potential
  • Historical Examples of Maximum Effort
  • Personal Goals and Maximum Life

Resources:

KRONEAL Consulting

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Innovation in Compliance

Innovation in Compliance: Todd Haugh on Ethical Decision Making in the Workplace: Beyond Financial Incentives

Innovation comes in many areas, and compliance professionals must be ready for and embrace it. Join Tom Fox, the Voice of Compliance, as he visits with top innovative minds, thinkers, and creators in the award-winning Innovation in Compliance podcast. In this episode, host Tom Fox visits with Todd Haugh, Associate Professor of Business Law and Ethics at the IU Kelley School of Business, Arthur M. Weimer Faculty Fellow in Business Law Board Member and Jesse Fine Fellow, The Poynter Center for the Study of Ethics, and American Institutions Director of the Institute for Corporate Governance and Ethics.

Tom and Todd have too much fun, deep-diving into the intricate relationship between missed bonuses and ethical decision-making in a corporate environment. They discuss how unmet expectations around bonuses can lead to the rationalization of unethical or illegal behavior by employees. They emphasize the importance of managers understanding the broader implications beyond economic incentives, as ignoring these psychological factors can introduce significant risks to an organization. They also talk about the Institute for Corporate Governance and Ethics. Tune in to hear two top commentators talk about financial and other incentives in compliance and how these dynamics can affect overall corporate compliance. Learn strategies to mitigate associated risks.

  • Understanding Behavioral Ethics in Business
  • Impact of Missed Bonuses on Ethical Decision Making
  • Rationalizing Unethical Behavior
  • Perception of Company Care
  • Potential for Unethical or Illegal Behavior
  • The Institute for Corporate Governance and Ethics

Resources:

Todd Haugh on LinkedIn

Indiana University-Kelley School of Business

Institute for Corporate Governance and Ethics

Todd Haugh at Kelley School of Business

Tom Fox

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Everything Compliance - Shout Outs and Rants

Everything Compliance Shout Out & Rants: Episode 147, The Welcome to 2025 Edition

Welcome to this edition of Everything Compliance, Shout Outs, and Rants. In this episode, Matt Kelly, Jonathan Armstrong, Karen Woody, and Karen Moore examine various issues for compliance professionals under the incoming administration.

  1. Jonathan Armstrong rants about Liz Truss trying to salvage her name through litigation.
  2. Karen Moore rants about Meta dropping its fact-checking and shouts out former President Jimmy Carter.
  3. Matt Kelly shouts out to Steve Guttenberg and all those Los Angelinos who assist during the ongoing fires.
  4. Karen Woody rants about the idiots denying climate change.
  5. Tom Fox shouts out to two brothers in arms: former Presidents Gerald Ford and Jimmy Carter.

The members of the Everything Compliance are:

Tom Fox, the Voice of Compliance, is the host, producer, and sometimes panelist of Everything Compliance. He can be reached at tfox@tfoxlaw.com. The award-winning Everything Compliance is part of the Compliance Podcast Network.

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

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SBR - Authors' Podcast

SBR – Author’s Podcast – Exploring the Future of Work, Ethics, and Compliance with Kelly Monahan, Part 1

Welcome to the SBR – Author’s Podcast! Host Tom Fox visits with authors in the compliance arena and beyond in this Podcast Series. Today, Tom is joined by his good friend and colleague, Earnie Broughton (Earnie from Boerne), to visit with Dr. Kelly Monahan, co-author of the soon-to-be-released book Essential: How Distributed Teams, Generative AI, and Global Shifts Are Creating a New Human-Powered Leadership (Co-authored with Dr. Christie Smith) We three had such good fun that we went on for nearly an hour, so we have broken up the interview into two podcasts.

In today’s Part 1, Kelly delves into her academic and professional journey and how her experiences have shaped her focus on the intersection of technology and human development. The discussion centers on three macro trends affecting the future of work: generative AI, remote and hybrid work models, and the rise of the alternative workforce. Kelly elaborates on the ‘gray collar’ concept of workers, emphasizing the merging of physical labor with technology. She also highlights the importance of power skills, formerly known as soft skills, in navigating these transformations successfully.

Key highlights:

  • The Future of Work: Trends and Insights
  • AI and Its Impact on the Workforce
  • The Rise of the Gray Collar Workforce
  • Freelancers and Corporate Culture
  • Leadership Mindset and Workforce Engagement

Resources:

The Essential Website

Pre-Order: Essential: How Distributed Teams, Generative AI, and Global Shifts Are Creating a New Human-Powered Leadership on Amazon.com

Kelly Monahan on LinkedIn

Earnie Boughton on LinkedIn

Tom Fox

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Blog

The Personalization Imperative: Lessons for Compliance Professionals 

Personalization has emerged as a transformative force in modern business and modern communications. Marketing is no longer about addressing a customer by name in an email but delivering tailored experiences at scale, powered by artificial intelligence (AI) and data-driven insights. In a recent article in the Harvard Business Review, entitled Personalization Done Right, authors Mark Abraham and David Edelman wrote about how companies like SonderMind, Spotify, and Sweetgreen lead the charge, using innovative personalization strategies to create value and delight their customers. However, personalization presents some interesting opportunities for compliance professionals to balance innovation with regulatory obligations, ethical considerations, and data privacy concerns.

Today, I want to examine the lessons that compliance professionals can draw from the personalization strategies outlined in the BCG Personalization Index. I will focus on maintaining compliance while enabling businesses to leverage personalization as a competitive advantage. 

The Five Promises of Personalization 

Personalization leaders succeed by fulfilling five implicit promises to their customers:

  1. Empower Me – Make my experience seamless and intuitive.
  2. Know Me – Use my data responsibly to understand my needs.
  3. Reach Me – Engage with me at the right time, on the right channel.
  4. Show Me – Provide relevant, tailored content.
  5. Delight Me – Continuously improve my experience through innovation.

Each of these promises presents opportunities and risks that compliance professionals must navigate.

  • Empower Me: Enhancing the Customer Journey 

Businesses like SonderMind demonstrate how personalization can empower users. SonderMind’s mental wellness app analyzes individual data to suggest actionable steps, such as meditation or journaling, and arm therapists with anonymized insights to optimize treatment plans. This results in better outcomes for patients and reduced costs for insurers.

For the compliance professional empowering employees (the customers of compliance), Personalization leaders start by asking: How can I make the employee’s experience better by personalizing it? For a compliance professional, this means understanding an employee’s unique needs at every step of their journey and deciding how personalization can best help them. The Department of Justice calls this ‘targeted’ training and communications.

  • Know Me: Building Trust Through Data 

The authors point to Sweetgreen, “a newcomer to the restaurant business relative to the largest chains,” which illustrates this point well. Right from its start, in 2007, it invested in building digital customer relationships. It launched a mobile app in 2013, ahead of many large restaurant chains, and progressively added features such as mobile ordering, delivery, personalized offers and challenges, and a loyalty program to drive digital engagement.

Here, the compliance professional can not only stream compliance communications more efficiently but also use those same communications to build relationships and trust with your employees. Obviously, this is directly in the compliance wheelhouse, as data governance is paramount. Compliance teams must oversee the integration of customer data across systems, ensuring it is accurate, secure, and used in accordance with stated policies.

  • Reach Me: Engaging Responsibly 

Having the data to know the customer is not enough. Your organization must use AI to identify triggers to reach out, such as when a customer browses online or inquires. Then, orchestrate touches across channels and use smart frequency management to ensure their touches are coordinated and not overwhelming. The authors pointed to Cisco, whom they said is “a personalization leader. Its sales team knows whom to contact, when, and about what and comes armed with relevant content and demos. Because Cisco’s sales and marketing teams are closely linked, customers get coordinated exposure to content that supports their needs and that opens up sales dialogues.”

This is precisely how compliance professionals should think about targeted and effective training and communications. This type of coordinated approach, based on employee needs or questions, can pay off with big compliance benefits. Overreach will turn off employees if the communications are bad, useless, and overwhelming. You do not want to cause ‘compliance communication fatigue.’ Compliance professionals must monitor how AI models are recommended, ensuring they align with legal standards and ethical norms.

  • Show Me: Tailoring Content 

Pandora shows how generative AI can create personalized content, reducing production times and improving engagement. The authors noted, “The global jewelry brand Pandora thrives by sparking customer interest with inspirational content. As part of its strategy, it uses AI-generated content to tailor its messaging to each customer and cut cycle times for certain types of content creation from 12 to 14 months to a mere 10 days. The company learned that personalizing the background and model image for each individual—and coordinating how the customer sees those images across emails, websites, and other ads—substantially improved conversion rates.”

This speaks to the DOJ mandate for tailored training. However, you should also consider the business ethics message you can give customers. It can be similar to that of other companies that have gotten into FCPA or other regulatory trouble, celebrating your employees who have done the right thing or consistent messages from your CEO or senior executive about doing business ethically and in compliance.

  • Delight Me: Driving Continuous Improvement 

Personalization leaders adopt agile working methods to accelerate testing and learning, improving the intelligence behind each customer interaction. Companies like DoorDash epitomize the “delight me” promise by running hundreds of micro-experiments to refine their personalization efforts. This agile approach enables rapid innovation but requires robust oversight to ensure compliance with regulations.

Continuous improvement is directly in the wheelhouse of compliance. You should be able to take the feedback you receive from your employees and incorporate that information into your future communications. Even more exciting is the opportunity to have employees individually improve their ways of doing business ethically and in compliance. Compliance professionals should collaborate with product teams to ensure experiments respect privacy laws and customer expectations.

Key Lessons for Compliance Professionals 

  1. Embrace the Role of Enabler. Compliance should not be a roadblock to innovation. Instead, compliance professionals can enable responsible personalization by embedding themselves in cross-functional teams and offering solutions aligning with business goals and regulatory requirements.
  2. Prioritize Data Privacy. As personalization relies heavily on customer data, compliance teams must prioritize data privacy and security. This includes ensuring compliance with global regulations like GDPR, CCPA, and industry-specific standards.
  3. Establish AI Governance. AI is a cornerstone of modern personalization. Compliance professionals must develop and enforce governance frameworks to ensure AI is used ethically and transparently.
  4. Foster a Culture of Transparency. Customers are more likely to trust companies that are upfront about how their data is used. Compliance teams should advocate for clear and accessible privacy policies.
  5. Monitor Regulatory Trends. Personalization efforts are subject to evolving regulations. Compliance professionals must stay informed about changes in data privacy, AI ethics, and advertising standards to guide their organizations effectively.

The Future of Compliance is Personalization 

The rise of personalization presents compliance professionals with a unique opportunity to lead. By ensuring that personalization efforts are ethical, transparent, and compliant, they can help their organizations build trust, drive innovation, and achieve sustainable growth.

As the BCG Personalization Index shows, companies that excel in personalization delight their customers and create significant business value. The same applies to a corporate compliance function and its customers, IE., employees. Compliance professionals are essential to realizing this potential, ensuring businesses can innovate responsibly and thrive in an increasingly competitive landscape.

Compliance is not simply about preventing wrongdoing but enabling your organization to do things correctly. Personalization of compliance is no exception. Compliance professionals should embrace this opportunity and take charge of a future where personalization and compliance go hand in hand.