Categories
Corruption, Crime and Compliance

DOJ Issues Data Security Program Requirements

Could your routine data transfers now violate federal law? The DOJ’s new Data Security Program (DSP) targets the flow of U.S. sensitive personal and government data to foreign adversaries — and the clock is ticking. In this episode of Corruption, Crime and Compliance, Michael Volkov breaks down the Justice Department’s sweeping new Data Security Program, enacted under Executive Order 14117 and finalized in January 2025.

You’ll hear him discuss:

  • The origins of the DSP, created through Executive Order 14117 under the Trump Administration, and the key national security concerns it addresses.
  • What constitutes a “covered data transaction” and the thresholds for U.S. personal and government data that trigger compliance obligations.
  • The list of “countries of concern” and what it means for companies doing business with entities tied to these regions.
  • The types of U.S. data covered by the DSP, including biometric, genomic, financial, and geolocation data, and the specific quantity thresholds that trigger restrictions.
  • Why data brokerage and bulk human genomic data transactions are prohibited outright, raising new compliance challenges for affected industries.
  • How “restricted transactions” like cloud computing services and vendor agreements are subject to conditional exceptions under the DSP.
  • The critical actions U.S. companies must take during the 90-day enforcement hiatus, including vendor assessments, renegotiations, and compliance system updates before the July 8th deadline.

Resources

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Categories
Adventures in Compliance

Adventures in Compliance: The Novels – A Study in Scarlet, Introduction to Compliance Lessons

In this new season of Adventures in Compliance, host Tom Fox will explore the Sherlock Holmes novels in depth. Over the course of this season, Tom will do so in a four-part series. The four novels we will consider from the ethics and compliance perspective are A Study in Scarlet, The Sign of Four, The Hound of the Baskervilles, and The Valley of Fear.

For our first offering this season, we begin with A Study in Scarlet. In part 1 of our four-part exploration of this novel, which introduced Sherlock Holmes and Dr. Watson to the world. We begin by summarizing the novel’s plot, which dsummarizeiscusses key events and Holmes’ brilliant deductive methods. We then take a deep dive into five critical compliance lessons from the story, including the dangers of institutional abuse of power, the imperative for structured justice, the necessity of root cause analysis, due diligence, and transparent communication within organizations. Join us for an engaging episode that underscores the relevance of Sherlock Holmes’ investigative strategies to modern compliance practices.

Highlights include:

  • Welcome to a New Season of Adventures in Compliance
  • The Summary of and a Deep Dive into ‘A Study in Scarlet’
  • Ethical Lessons for Compliance Professionals

Resources:

The New Annotated Sherlock Holmes

Sherlock Holmes FAQ by Dave Thompson

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Categories
FCPA Compliance Report

FCPA Compliance Report – From Compliance to Commercial Value: Removing Friction with AI

Welcome to the award-winning FCPA Compliance Report, the longest-running compliance podcast. In this episode, Tom welcomes back Jag Lamba, CEO at Certa, to discuss the use of GenAI in compliance tools.

Lamba advocates for the transformative power of artificial intelligence in revolutionizing third-party risk management. Lamba believes businesses can streamline processes, reduce friction, and enhance decision-making throughout various phases of third-party interactions by leveraging AI, particularly generative AI and natural language processing tools. He emphasizes that AI can simplify complex tasks like analyzing extensive reports and identifying specific risks, thus improving compliance reporting and operational efficiency. Lamba envisions a future where AI seamlessly integrates into core business operations, making compliance management an inherent and valuable aspect of organizational workflows, particularly benefiting smaller and mid-sized companies.

Key highlights:

  • Automating Third-Party Risk Management with AI
  • AI-powered Tools Enhancing Third Party Risk Management
  • AI-driven Automation for Enhanced Compliance Reporting
  • Automating Compliance Tasks to Boost Operational Efficiency

Resources:

Jag Lamba on Linkedin

Certa AI

Tom Fox

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For more information on the use of AI in Compliance programs, see my new book, Upping Your Game. You can purchase a copy of the book on Amazon.com

Categories
Compliance Tip of the Day

Compliance Tip Of the Day – Using AI to Transform Whistleblower Response

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned compliance professional or just starting your journey, we aim to provide bite-sized, actionable tips to help you stay on top of your compliance game. Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

Today, we consider how you can use AI to improve your whistleblower response and your culture of speaking up.

For more on embedded compliance, check out my new book, Upping Your Game: How Compliance and Risk Management Move to 2030 and Beyond, available from Amazon.com.

Categories
Blog

Using AI to Transform Whistleblower Response

When it comes to internal reporting programs, the days of the lonely 1-800 hotline are over. Today’s compliance landscape demands real-time action, smarter triage, greater protections for whistleblowers, and trust. Fortunately, we now have the tools to meet that demand. Artificial Intelligence (AI) and predictive analytics transform whistleblower programs from sluggish, reactive systems into powerful, proactive compliance assets.

This shift could not be timelier. Regulators like the DOJ and SEC have clarified that robust, responsive whistleblower programs are not just a “nice to have” but mandatory. Companies that fail to get this right risk regulatory penalties and devastating hits to their reputation and employee trust. AI offers the compliance community a tremendous opportunity to enhance whistleblower protection, build credibility, and drive a true culture of compliance. Today, I want to summarize key lessons compliance professionals can draw from this evolving space.

Lesson 1: AI as a Guardian of Whistleblower Anonymity

Historically, fear of retaliation has been the Achilles’ heel of internal reporting programs. Employees hesitate to come forward when they don’t trust the system to protect them.

AI changes that. Using sophisticated Natural Language Processing (NLP), AI systems can automatically strip away identifiers, names, job titles, and department names from reports while preserving the critical context needed for an investigation. This is not simply a technical improvement. Instead, it should be seen as a trust builder. Compliance officers must lean into these anonymization technologies and communicate their existence to employees. If employees know the system genuinely protects their identities, the likelihood of them speaking up and doing so internally increases dramatically.

The bottom line: anonymity protections powered by AI are no longer optional; they’re essential.

Lesson 2: Real-Time Prioritization Through Machine Learning

Another game-changer AI brings is the ability to sort and prioritize whistleblower reports in real-time. In the old world, investigators had to slog through hundreds or thousands of cases manually, often missing the truly high-risk ones. Machine learning algorithms today can review incoming reports, categorize them by urgency, and identify patterns that would otherwise go unnoticed.

This means faster action on serious allegations and earlier intervention to mitigate legal and reputational risks. Compliance professionals should build KPIs around AI-driven triage: How quickly are high-risk reports escalated? How often are machine-prioritized cases substantiated? What’s the employee satisfaction rate with the process?

AI-powered triage means your whistleblower system can evolve from a passive intake mechanism to a real-time risk management engine.

Lesson 3: Meet Employees Where (and How) They Communicate

Here is a hard truth in compliance: if your speak-up program is still just a hotline, you are losing the next generation of reporters. Vince Walden puts it best: different generations communicate differently. Millennials, Gen Z, and certainly Gen Alpha are far more comfortable with digital chat-based systems than voice calls. In fact, in one major telecom company, the top question employees asked the compliance chatbot was, “Is this a conflict of interest?” Thus, proving how valuable and revealing these interactions can be.

The lesson is clear: You need chatbots, mobile-first platforms, and AI-driven systems that not only receive reports but also interact, guiding users through the reporting process, clarifying ambiguous issues, and capturing better data upfront. Modernizing your intake channels is not just about technology; it’s about inclusivity and building a true culture of compliance that meets employees where they are.

Lesson 4: Expansion of the Grievance Mechanism Use Case

Compliance isn’t just about FCPA violations and insider trading anymore.

New regulatory frameworks like Europe’s Corporate Sustainability Due Diligence Directive (CSDDD) require grievance mechanisms that extend to supply chain employees and local communities affected by a company’s operations. Your AI-enhanced grievance mechanisms must be flexible enough to receive and triage various issues, such as code of conduct violations, human rights complaints, community grievances, and more.

Andrew McBride has noted that AI-driven intake systems can immediately ask follow-up questions when an initial report is unclear, vastly improving the quality of the information collected. That front-end improvement makes triage, investigation, and resolution much more efficient.

Lesson learned: Build a grievance mechanism that isn’t one-size-fits-all. Flexibility is the new mandate.

Lesson 5: AI for Smarter, Scalable Triage

Finally, Matt Galvin has pointed out the richest opportunity: using AI to automate and scale the triage process fully. Imagine a system trained on thousands of past investigations that can predict the most likely next steps for each new report, whether a simple follow-up, a deep-dive investigation, or escalation to senior leadership.

AI models developed from 5,000 annual complaints identified predictable investigative paths at one company, making triage faster, smarter, and far more cost-effective. Of course, Galvin wisely cautioned that you need a robust and affordable solution to make this practical, especially if you’re operating across high-cost jurisdictions. But the payoff is immense: more efficient investigations, lower operating costs, and a stronger, data-driven compliance posture.

Lesson: The future of whistleblower response is not simply about responding; rather, it is about predicting, prioritizing, and preempting risk.

Final Thoughts

The future of whistleblower programs is not about adding more hotlines or printing more posters. It is about embedding AI and predictive analytics into every layer of your reporting system, from intake to triage to resolution. AI helps compliance teams protect anonymity, prioritize real risk, meet employees where they are, expand the use cases for grievance mechanisms, and scale triage operations without scaling costs.

AI doesn’t replace the demands of human judgment compliance—it amplifies them. The compliance officers who understand this shift, embrace these tools, and lead their organizations through the transition will not just improve whistleblower response. They will make compliance a strategic asset that drives transparency, trust, and sustainable growth.

In short, the future of whistleblower programs is here—and it’s intelligent.

The above is from my latest book, Upping Your Game: How Compliance and Risk Management Move to 2030 and Beyond, available from Amazon.com.

Categories
The Ethics Experts

Episode 211 – Barry Parsons

In this episode of The Ethics Experts, Nick welcomes Barry Parsons.

Barry Parsons is an Associate General Counsel for General Litigation. Barry litigates cases, advises clients, and manages outside counsel on various legal matters, including employment, contract, housing discrimination, insurance, fraud, counterparty receiverships, securities, and antitrust law. He conducts internal investigations, prepares corporate policies, and advises the company on document retention, e-discovery, information governance, legal hold, privilege, litigation avoidance, and compliance issues.

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