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Life with GDPR

Life With GDPR: Episode 28- GDPR Year 1 Review-Part I, the Numbers

In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. This episode is the first of a two-part series where  Jonathan Armstrong and myself consider some of the highlights from the first year of GDPR implementation and enforcement. In this Part I of this two-part series we consider some of the enforcement numbers. In Part II, we will consider some of the substantive issues. Some of the highlights in this episode include:
  1. EDPB says just over 150,000 complaints files EU under GDPR.
  2. Robust enforcement by both regulators and private bodies/citizens.
  3. UK leads with the largest number of complaints filed, followed by Germany then France.
  4. Around 950 complaints have reach courts.
  5. Italy is the country which has seen the largest number of court cases.
  6. Several countries are increasing inspections which could lead to enforcement actions.
For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
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Everything Compliance

Everything Compliance-Episode 47, the Potpourri edition

Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Armstrong and our newest colleague, Sarah Hadden. In this episode, we present a potpourri of topics.

  1. Sarah Hadden considers the behavioral side of ethics and how this needs to be incorporated more fully into a compliance regime. Sarah shouts out to the University of Texas, McCombs School of Business (Hook ‘Em) and its online video series entitled Ethics Unwrapped.
  1. Matt Kelly considers the current state of whistleblower programs. He asks if corporate legal departments will support the fix to Dodd- Frank after the Digital Realty Trust ruling? Matt shouts out to smaller law firms and companies having more focused compliance events.
  1. Jay Rosen tells you everything you wanted to know about monitors but were afraid to ask. Jay shouts out to House Speaker Nancy Pelosi for her slap down of AG William Barr.
  1. Mike Volkov discusses the new OFAC compliance program and the current state of OFAC sanctions. Mike shouts to the recently concluded ECI national conference Impact 2019.

The members of the Everything Compliance are:

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.
For additional reading and listening, check out the follow resources:
Matt Kelly’s blog post, Progress on Whistleblower Fix in Radical Compliance. Matt and I take a deep dive into the topic on Episode 123 of Compliance into the Weeds.
For more information on Sarah’s topic, check out the new eBook she referenced in her section, Compliance and Ethics Risk Assessmentby Jeff Kaplan. It is available free for download hereon Corporate Compliance Insights.
Check out Mike Volkov’s 5-part blog post series on the new OFAC compliance program on his blog site, Corruption, Crime and Compliance. (Part 1, Part 2, Part 3, Part 4) For those who prefer the podcast format, you can list to his podcast on the topic here.
See Jay’s multipart article series on working with monitors, available on Corporate Compliance Insights.

  1. Corporate Monitorship 101: Who They Are and What You Can Expect
  2. What is a Post-Resolution Monitorship?
  3. What is the Power of a Pre-Settlement Monitorship?
  4. What Issues Should a Company Consider When Hiring a Corporate Monitor?
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FCPA Compliance Report

Bonus Episode-Compliance Week 2019 Wrap Up

In this special bonus podcast, I am joined by the co-hosts of Great Women in Compliance, Lisa Fine and Mary Shirley as well as Amii Bernard-Bahn. We all participated in the recently concluded Compliance Week 2019 and we sat down to provide some of our reflections on the conference. This podcast cross-posts on Great Women in Compliance. The episode is sponsored by Corporate Compliance Insights.  Some of the highlights include:
Lisa Fine– the Key Note Presentation by Preet Bharara. Some of the highlights for Lisa were:

  • Doing the right thing can often be the most expedient thing as well.
  • The problems when you go right up to the ethical line.
  • His career advice regarding learning the business side of things.

Mary Shirley– the presentation by Lisa Beth Lentini, Subhashis Nath and Robert Appleton on the behavioral science behind corporate compliance. Some of the highlights for Mary were:

  • The benefits of metrics in a best practices compliance program.
  • Her surprise when the audience was polled that fewer than one-half in attendance are currently using data analytics in their corporate compliance programs.
  • Data science will be a key component of compliance officers in a very short time.

Amii Bernard-Bahn-the reaction to and participation of the audience in two sessions Amii led on careers in corporate compliance. Some of the highlights for Amii included:

  • Compliance professionals are now thinking of their careers 3-5 years down the road.
  • CCOs are actively considering Board roles as a part of their compliance careers.
  • What are some of the business leadership skills a compliance professional needs to move to non-compliance roles in the C-Suite.

Tom Fox-the Key Note address by Hui Chen on where compliance has been, where it is now and where it is going in the 2020’s and beyond. Some of the highlights for myself were:

  • A review of the five decades of compliance.
  • The current challenges for the compliance professional.
  • Where is compliance and ethics headed into next decade.

For additional reading on Compliance Week 2019 see the following blog posts:
On the Importance of Compliance Programs
Three Compliance Lessons from Preet Bharara
Looking Forward in Compliance With Hui Chen
 Subscribe to the Great Women in Compliancepodcast, co-hosted by Mary Shirley and Lisa Fine.
For more information on this episode’s sponsor—Corporate Compliance Insights, check out their website here.

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Daily Compliance News

Daily Compliance News: May 29, 2019-the Workers Unite edition

In today’s edition of Daily Compliance News:

  • Braskem Board OK’s $101MM for corruption settlement. (Reuters)
  • Mexican steel company shut down by Mexican government for AML violations. (FT)
  • Workers of America unite? (Washington Post)
  • The long road ahead for Fiat-Chrysler/Renault. (NYT)
Categories
Great Women in Compliance

Episode 21-Compliance Week 2019 Wrap Up

In this special bonus podcast, the co-hosts of Great Women in Compliance, Lisa Fine and Mary Shirley are joined by Tom Fox, host of the FCPA Compliance Reportas well as Amii Bernard-Bahn. We all participated in the recently concluded Compliance Week 2019 and we sat down to provide some of our reflections on the conference. This podcast cross-posts on Great Women in Compliance. The episode is sponsored by Corporate Compliance Insights.  Some of the highlights include:
Lisa Fine– the Key Note Presentation by Preet Bharara. Some of the highlights for Lisa were:

  • Doing the right thing can often be the most expedient thing as well.
  • The problems when you go right up to the ethical line.
  • His career advice regarding learning the business side of things.

Mary Shirley– the presentation by Lisa Beth Lentini, Subhashis Nath and Robert Appleton on the behavioral science behind corporate compliance. Some of the highlights for Mary were:

  • The benefits of metrics in a best practices compliance program.
  • Her surprise when the audience was polled that fewer than one-half in attendance are currently using data analytics in their corporate compliance programs.
  • Data science will be a key component of compliance officers in a very short time.

Amii Bernard-Bahn-the reaction to and participation of the audience in two sessions Amii led on careers in corporate compliance. Some of the highlights for Amii included:

  • Compliance professionals are now thinking of their careers 3-5 years down the road.
  • CCOs are actively considering Board roles as a part of their compliance careers.
  • What are some of the business leadership skills a compliance professional needs to move to non-compliance roles in the C-Suite.

Tom Fox-the Key Note address by Hui Chen on where compliance has been, where it is now and where it is going in the 2020’s and beyond. Some of the highlights for Tom were:

  • A review of the five decades of compliance.
  • The current challenges for the compliance professional.
  • Where is compliance and ethics headed into next decade.

For more information on this episode’s sponsor—Corporate Compliance Insights, check out their website here.
Subscribe to the FCPA Compliance Report.

Categories
Compliance Into the Weeds

Compliance into the Weeds: Episode 125-It’s Just Paper

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, Matt Kelly (the coolest guy in compliance) and I go into the weeds to explore what exactly is sub-regulatory guidance and why the debate around it by the current administration is seemingly against not only the government’s interest but also business’ interest. Be sure and listen all the way through as Matt goes on a rant at the end of the podcast.
Some of the highlights include:

  • What were the remarks of Claire Murray that got Matt so riled up?
  • Is the Evaluation of Corporate Compliance Programs, 2019 Guidance just paper?
  • What would happen to a company which does not use the 2019 Guidance as a roadmap?
  • Why business’ support sub-regulatory guidance?
  • Why documentation is critical for multiple parts of a compliance program?
  • What do Murray’s remarks mean for the compliance practitioner?

For the full text of the remarks of Principal Deputy Associate Attorney General Claire Murray at the Compliance Week 2019 Annual Conference, click here.

Categories
Innovation in Compliance

Giving Across Borders with Ted Hart


Today’s episode is a great one. Not only will we be talking about innovation in the field, but we’ll also address how today’s guest, Ted Hart, gives compliance officers a framework by which to think through issues that they face. Ted is the President and CEO of CAF America and brings 30 years of experience in advising global philanthropy.

Ted and CAF
CAF has a unique goal: to provide service to the philanthropic community, specifically to those in the United States who want to give abroad, but have tax issues to face they don’t quite understand. They’ve been in business for 27 years.
Cross Border Giving
CAF America worked with several professionals in the market to write “Cross Border Giving.” The goal was to educate on a topic that can be confusing, so each professional wrote a chapter based on their expertise. The book and workbook together provide a great foundation, to which those who wish to donate to charities outside the US can refer.
The 3 R’s and 7 Principles of International Giving
Regulatory compliance, reducing the risks, and protecting reputation: these three things should be on the mind of every donor as they seek to give outside the US. As for the 7 principles, you’ll find a direct line back to the 3 R’s:

  • Integrity of the process
  • Understanding all aspects
  • Respect for the cultures
  • Responsiveness to changing issues
  • Fairness
  • Cooperation and collaboration
  • Effectiveness

Ted breaks down what each of these principles means in the bigger picture of giving, and how they inform good practices. They help keep the donor central to the process with their vision and mission. CAF works in such a way that donors can see exactly how their gifts are impacting people around the world, even for those people who can’t necessarily donate large amounts for extended periods of time.
Working with Charities
Not all charities are created equally, so CAF includes in its mission a rigorous vetting of charities and making sure they are doing with donors’ money what is expected of them. It’s a system of checks and balances that makes sure the people that donors want to help are getting the most out of the donations they send.
The Legal Side of Cross-Border Donating
Money laundering is a major concern when the same laws we have in the United States don’t apply in other countries, and it’s something CAF takes very seriously. No donor wants to learn that they have been funding terrorist activities. Ted talks about the strong procedures CAF has in place to prevent such things from happening.
On the flip side of that coin, many governments around the world have tightened down and created regulations for money coming into their countries. They want to know where it’s going and how it’s being used. Ted talks about a new Chinese regulation and why CAF is one of the leading organizations compliant with Chinese law.
Resources:
Ted Hart: 202-793-2232 | info@cafamerica.org | CAF America | LinkedIn

Categories
Daily Compliance News

Daily Compliance News: May 28, 2019-the Memorial Day edition

In today’s edition of Daily Compliance News:

  • Head of Romanian Social Democrats Party jailed for corruption. (BBC)
  • Does compliance need to review corp ads? (WSJ)
  • Can you avoid sanctions by ousting Maduro? (WSJ)
  • First civil opioid trial slated to begin. (NYT)
Categories
Daily Compliance News

Daily Compliance News: May 27, 2019-the Memorial Day edition

In today’s edition of Daily Compliance News:

Categories
FCPA Compliance Report

Leveraging AI in Compliance Investigation: Part 5 – Where are investigations headed?

Today we conclude a five-part podcast series sponsored by Hanzo, where we have considered how to leverage Artificial Intelligence (AI) in compliance investigations. I have been joined by several members of the Hanzo team as we explored the current best practices around investigations and how your compliance function can take investigations to a level of cost efficiency and operational proficiency. Our explorations include considering the current Department of Justice (DOJ) guidance on investigations, the use of AI in the Hanzo Investigator, how Hanzo technology can help a company overcome common investigative challenges and Hanzo’s specific approach to finding and managing data across the entire lifecycle of an investigation. In Part 5, I am once again joined by Keith Laska, Hanzo CEO, to consider how the company’s specific approach to finding and managing data across the entire lifecycle of an investigation improves the efficiency of a compliance investigation in a cost-effective manner.  For more information check out Hanzo.co.