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5 Keys to Compliance Communication: Building a Culture of Trust and Engagement in Your Organization

When it comes to corporate compliance, transparent and effective communication is non-negotiable. Your employees are not only the first line of defense but are also the customers of your compliance program. A well-communicated compliance function can shift the perception of compliance from a bureaucratic formality to a valued corporate asset. To establish this, compliance professionals must adopt a 360-degree communication approach emphasizing openness, interactivity, and alignment with company values.

Here are five keys to building a robust compliance communication framework within your organization:

Start with Clear Objectives: Define the “Why”

The first step to any successful compliance communication strategy is clarity of purpose. Before launching any campaign or distributing messaging, ensure you know why you are communicating in the first place. Some key questions include: Are you aiming to educate employees about new policies?

  • Does it reinforce the importance of ethical behavior? Prompt employees to report potential issues.
  • Will each goal shape your message and each audience within your company? Tailored messaging is required to understand the importance and relevance of your compliance program from the board of directors to the newest hires (from the boardroom to the shop floor).

If you aim to increase awareness of anti-corruption policies, your communication might center around the organization’s stance on integrity and honesty. However, if you encourage a speak-up culture, the message might emphasize confidentiality, support, and the importance of reporting misconduct. Ensuring your message has a clear and measurable objective can affect how it is received and whether employees take action.

Know Your Audience: Tailor Your Message for Maximum Impact

A single compliance message may only resonate with some in your organization. In any corporation, there are multiple audiences, including employees, senior leadership, middle management, external partners, and board members, all of whom have varying levels of familiarity with compliance topics. Recognizing and addressing these differences can significantly boost your messaging’s effectiveness.

For example, your frontline employees may need a straightforward explanation of policies and accessible reporting channels. Meanwhile, senior management may focus on the high-level implications of compliance initiatives on business strategy. A one-size-fits-all approach is less effective; instead, communicate with your audience in mind, considering their needs, knowledge level, and preferred communication channels.

Embrace Two-Way Communication: Build a Culture of Trust and Feedback

One of the most crucial aspects of compliance communication is creating an open line of dialogue, both up and down the chain. Employees should feel comfortable receiving compliance information, asking questions, seeking clarification, and providing feedback. Compliance should not be a one-way street; organizations must encourage interaction and feedback to build an authentic culture of ethics and accountability.

Integrating feedback mechanisms, such as surveys, focus groups, or town hall meetings, allows you to gauge employees’ understanding of compliance topics and uncover areas for improvement. But always remember that in compliance, we are only limited by our imaginations. Dun & Bradstreet CCO Louis Sapirman implemented a “Chatter Jam” for all company employees several years ago. It was a real-time discussion on an internal platform where employees shared their views on compliance topics like the company’s Code of Conduct. This open dialogue allowed the compliance team to hear employee concerns directly and make real-time adjustments.

In addition to these formal feedback channels, informal communication should be encouraged. Ensure employees know they can speak up without fear of retaliation. In doing so, you’re promoting compliance and creating an environment where ethical concerns can be discussed openly, ultimately preventing small issues from becoming major risks. 

Consistency and Frequency: Keep Compliance Top-of-Mind

Effective compliance communication is not a one-off event but a continuous conversation. Reminders and reinforcements must be consistent and frequent for employees to internalize compliance principles. Use multiple communication channels to keep compliance messages front and center. This can include periodic emails, newsletters, short videos, or even social media-style updates on internal platforms.

Consistency doesn’t mean redundancy; it’s about finding fresh ways to reinforce fundamental compliance principles. For example, the DOJ’s 2020 FCPA Resource Guide, 2nd edition, emphasizes that regular communication about compliance expectations helps companies demonstrate their commitment to ethics and compliance. Even brief reminders can have a lasting impact. Remember Morgan Stanley’s case, where they sent 35 compliance reminders over seven years to reinforce anti-bribery policies. The company’s diligence in maintaining consistent messaging resulted in receiving a declination from the DOJ when one of its managing directors was involved in misconduct.

Regularly communicating compliance expectations also helps create a sense of normalcy around compliance issues, positioning compliance as a natural part of everyday operations rather than an occasional reminder or, worse, a reactive measure only brought up after an incident occurs.

Foster Engagement Through Storytelling and Real-World Examples

Human beings are naturally drawn to stories, so it is no surprise that storytelling is one of the most effective ways to communicate compliance issues. Sharing real-world examples of positive and negative outcomes can help employees better understand the importance of compliance and the risks associated with unethical behavior. When employees see real-life scenarios, they can more easily relate to how compliance impacts their roles and the company’s success.

Using case studies from your industry to illustrate the potential consequences of non-compliance. Highlighting scenarios where similar companies faced penalties due to lapses in compliance can make the risks feel more tangible. Conversely, sharing success stories within your organization, such as how a well-trained team prevented a potential compliance breach, can reinforce the value of compliance.

Storytelling also applies to compliance champions within the organization. Showcase individuals or teams who have exemplified ethical behavior and contributed positively to the compliance culture. Celebrate these “compliance heroes” publicly, whether in internal newsletters, company meetings, or digital screens throughout the office. Recognizing and celebrating compliance efforts in this way can have a ripple effect, inspiring others to follow suit.

Bringing it All Together: The 360-Degree Compliance Communication Model

Incorporating these five keys into your communication strategy will help establish a 360-degree approach to compliance that keeps the program visible, relevant, and actionable across the organization. It’s about more than simply sending information; it’s about creating a dynamic, two-way exchange that reinforces compliance as an integral part of your company culture. When compliance communication is objective-driven, audience-centered, interactive, consistent, and engaging, you build trust and accountability within the organization.

A robust compliance communication strategy positions your program not as a barrier to business but as an ally, helping employees navigate ethical challenges confidently. By adopting these five keys, compliance leaders can shift the perception of compliance from a mandatory obligation to a trusted, positive influence on the company’s success. It’s a win-win for employees and the organization, promoting ethical conduct while protecting its reputation and bottom line.

In the end, remember this: compliance communication is not simply about conveying rules and policies. It is also about building a culture where employees feel supported, informed, and engaged in upholding the company’s values. The real measure of success in compliance communication is when employees understand, embrace, and live out these values in their daily work.

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Compliance Into the Weeds

Compliance into the Weeds: Understanding the Telefónica Venezolana FCPA Enforcement Action

The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject more fully. Are you looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of ‘Compliance into the Weeds,’ Tom Fox and Matt Kelly dive into the recently released FCPA enforcement action involving the Telefónica Venezolana subsidiary.

They explore the bribery scheme used by Telefónica Venezolana to win an auction for U.S. dollars in 2014, resulting in a significant criminal penalty. The episode delves into the complexities of compliance in high-risk jurisdictions, the importance of incorporating anti-corruption due diligence into supply chains, and the implications of the new enforcement landscape under different administrations. Key lessons include the surprising extent of supplier risk, the long tail of FCPA enforcement, and the financial benefits of robust compliance practices.

Key highlights:

  • Details of the Bribery Scheme
  • Consequences and Penalties for Telefónica Venezolana
  • Compliance Challenges and Lessons Learned
  • Risk Management in High-Risk Jurisdictions
  • The Importance of a Robust Compliance Program
  • Long-Term Implications of FCPA Violations
  • Future of FCPA Enforcement

Resources:

Matt in Radical Compliance

Tom in the FCPA Compliance and Ethics Blog

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Compliance Tip of the Day

Compliance Tip of the Day – Board Questions and Metrics for 3rd Party Risk Management

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 what questions a Board of Directors should ask a CCO and the types of metrics they should ask for in their role of overseeing the compliance program.

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

Check out the full 3-book series, The Compliance Kids, on Amazon.com.

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Daily Compliance News

Daily Compliance News: November 13, 2024 – The China Problem 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.

  • How many companies have a ‘China Problem?’ (Bloomberg)
  • Sending your child to public school ≠ agreeing to arbitration.  (Reuters)
  • How to deal with in-work sickness. (FT)
  • Goodbye to all that. (NYT)

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

Check out the full 3-book series, The Compliance Kids, on Amazon.com.

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Great Women in Compliance

Great Women in Compliance – Reflections and Resilience Through a Compliance Career with Karen Bertha

Welcome to the Great Women in Compliance podcast with Hemma Lomax and Lisa Fine, sponsored by Corporate Compliance Insights.   In today’s episode, Lisa speaks with Karen Bertha, who has built world-class programs throughout her career, most recently at V2X.   She has significant acquisition and post-acquisition due diligence expertise, including at V2X.  After that acquisition, she was at a crossroads and needed time to take stock and pause.

Karen reflects on her work with due diligence, including how and when compliance should be involved in due diligence.  They also discuss strategies for post-integration, even if compliance is brought at some point later.  Karen has worked in highly regulated industries, such as government contracting, and those not in highly regulated industries. She shares her experiences and lessons learned.

Karen left V2X after the acquisition when she needed time for herself and other parts of her life.  She talks about how the “power of the pause” has been helpful to her.  She talks about reflecting on her work in the Ethics & Compliance profession, increasing her learning, specifically in compliance-adjacent fields like Human Resources and audit, with time to focus.  She also shares what she has enjoyed during this time, which we at #GWIC hope can inspire those thinking about your next steps or between roles.

Join the Great Women in Compliance community on LinkedIn here.

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Blog

Board Oversight of Third-Party Risk Management: Key Questions and Metrics for Effective Governance

The Telephonica Venezuela FCPA enforcement action reminds us that third-party risk management is one of the most critical components of a corporate compliance program. From suppliers and distributors to agents and joint venture partners, third parties can expose a company to significant compliance risks, including bribery, data security breaches, and regulatory violations. For a Board of Directors, effective oversight of third-party risk management is essential to fulfill its fiduciary duties and ensure that the organization mitigates these potential threats.

For boards, the responsibility involves more than just reviewing policies or compliance assessments. It requires a proactive approach, regularly engaging with the Chief Compliance Officer (CCO) and demanding specific information to confirm that third-party risks are effectively managed. Today, we will consider some key questions a board should ask and key metrics that boards should track to ensure their oversight of third-party risk management.

Key Questions a Board Should Ask About Third-Party Risk Management

To provide effective oversight, board members should ask the CCO a series of targeted questions that illuminate the strengths and weaknesses of the organization’s third-party compliance efforts. These questions can guide discussions around key areas such as due diligence, monitoring, training, and incident response.

  • What is our Third-Party Risk Profile?

This foundational question helps the Board understand the scope of the organization’s third-party network and the inherent risks involved. The CCO should be able to explain how third-party risk is assessed, classified, and prioritized. This includes geographic, industry, and transactional risks that may be more prevalent in high-risk regions or industries such as defense, oil and gas, and healthcare.

  • What Due Diligence Processes are in Place?

The Board should ask about the specific due diligence processes for third parties. This includes initial onboarding assessments, background checks, and ongoing monitoring. Understanding the due diligence process, including who is responsible, the standards used, and whether enhanced due diligence is conducted for high-risk third parties, is critical for oversight.

  • How Do We Ensure Continuous Monitoring of Third Parties?

It is not enough to perform due diligence only once. Continuous monitoring is essential to detect a third party’s risk profile changes. The Board should ask about the tools and technologies used for monitoring, the frequency of updates, and how compliance continuously evaluates third parties for new risks, such as changes in ownership, regulatory status, or financial stability.

  • How Do We Address Identified Risks?

A key component of third-party risk management is having procedures to address identified risks. The Board should inquire about the company’s approach to risk mitigation, including risk-adjusted measures for different risk levels. Are high-risk third parties subject to contract clauses or specific compliance obligations? Does the organization maintain a system to monitor the ongoing effectiveness of risk mitigation efforts?

  • What Training and Awareness Programs Do We Have in Place?

The Board should ask how compliance trains third parties on relevant laws, policies, and expectations, especially concerning anti-corruption, data protection, and ethics. Additionally, internal stakeholders involved in third-party management, such as procurement and finance, should receive specialized training to help them recognize red flags.

  • What is Our Process for Reporting and Escalating Third-Party Compliance Issues?

Knowing that issues will inevitably arise, the Board should ask how the organization reports and escalates third-party compliance concerns. Does the CCO have direct access to the Board in case of serious compliance violations? Is there a protocol for handling third-party incidents that could affect the company’s regulatory standing or reputation?

  • How Do We Measure the Effectiveness of Our Third-Party Risk Management?

The effectiveness of the third-party compliance program is a priority for the Board. Asking for metrics and other objective measures helps ensure that the program is well-designed and functioning as intended. The Board should proactively seek quantitative and qualitative evidence of effectiveness.

Key Metrics for Third-Party Risk Management Oversight

Metrics are invaluable for Board members seeking to monitor the compliance program’s health. The CCO should be able to provide regular updates on the following metrics, each offering insight into specific aspects of third-party risk management.

  • Number of Third Parties by Risk Category

This metric breaks down the organization’s third parties by risk level (e.g., low, medium, high). This provides the Board with a snapshot of the company’s risk exposure and helps them assess whether the program is appropriately resourced to manage the volume of high-risk third parties.

  • Percentage of Third Parties with Completed Due Diligence

Tracking this metric shows whether the company is adhering to its compliance policies. Ideally, 100% of third parties should undergo due diligence before onboarding, and any gaps here could signal significant compliance weaknesses.

  • Average Time to Complete Due Diligence

This metric reveals the efficiency of the due diligence process. Long turnaround times can delay critical partnerships and increase risk exposure, while excessively fast times may suggest that due diligence needs to be sufficiently thorough. Boards should look for a balanced metric that reflects both efficiency and comprehensiveness.

  • Incidents of Non-Compliance Among Third Parties

The Board should be regularly informed of compliance incidents involving third parties. This metric could be broken down by type of violation (e.g., anti-bribery, data privacy, labor practices) and severity. Tracking these incidents over time helps the Board evaluate the program’s effectiveness and whether additional resources are needed.

  • Percentage of High-Risk Third Parties Monitored Regularly

Continuous monitoring is vital to effective risk management, particularly for high-risk third parties. This metric provides insight into how often high-risk third parties are reassessed, which can inform the Board about the level of vigilance being applied to higher-risk partners.

  • Training Completion Rates for Third Parties and Internal Teams

Effective third-party risk management requires third parties and the internal teams who work with them to understand the compliance risks and policies. This metric tracks how many third-party representatives and relevant employees have completed compliance training, an essential factor in reducing risk.

  • Average Time to Resolve Third-Party Compliance Issues

This metric measures the organization’s responsiveness to third-party compliance concerns. Quick resolution times may indicate an efficient and effective response system, while delays might suggest resource constraints or procedural bottlenecks. Boards should look for a metric that balances speed and thoroughness.

  • Costs of Third-Party Compliance Program

The Board should also monitor the financial investment in third-party compliance to assess if the program is adequately funded. This includes costs for due diligence, continuous monitoring, training, and compliance technology. Comparing these costs against third-party risk levels can help determine if the program is appropriately resourced.

Leveraging Metrics for Continuous Improvement

By tracking these metrics, Boards ensure that third-party risks are being effectively managed and can drive continuous improvement in the compliance function. Over time, trends will emerge, highlighting areas where the program may need reinforcement. For instance:

  • Increasing compliance incidents among third parties could indicate a need for enhanced due diligence or more stringent onboarding criteria.
  • Declining training completion rates suggest a lack of engagement from third parties, potentially due to ineffective communication or training methods that must be revisited.
  • Prolonged resolution times for compliance issues might signal the need for process optimization or additional staff in the compliance team.

The Board should encourage the CCO to use these insights to fine-tune the program and prioritize high-impact initiatives. Additionally, boards should expect the CCO to present metrics and narrative insights, offering a holistic view of the third-party compliance landscape and how specific metrics relate to broader compliance goals.

Fostering a Culture of Accountability and Compliance

Board oversight of third-party risk management is no longer a mere checkbox—it’s a crucial part of protecting the organization’s reputation, ensuring regulatory compliance, and building a resilient corporate structure. By asking the right questions and tracking key metrics, Boards can proactively ensure that third-party risks are managed effectively.

An engaged Board that emphasizes the importance of third-party compliance sends a powerful message across the organization and beyond. When Boards hold the compliance function accountable and demand robust third-party oversight, they not only mitigate potential risks but also foster a culture of integrity and accountability that resonates with employees, partners, and stakeholders alike. This, in turn, strengthens the entire organization, building a foundation of trust and resilience that will serve it well in any compliance landscape.

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Compliance Tip of the Day

Compliance Tip of the Day – CCOs Reporting to the Board

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 what a CCO needs to tell a Board of Directors.

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

Check out the full 3-book series, The Compliance Kids, on Amazon.com.

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Everything Compliance - Shout Outs and Rants

Everything Compliance, Shout Outs and Rants – Episode 145, 8 Years Later

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In this episode, we discuss a potpourri of topics. Tom Fox is hosting Matt Kelly, Jonathan Armstrong, Karen Woody, Jonathan Marks, and Karen Moore.

  1. Jonathan Marks shouts out to his son Daniel’s football game and rants about the 76ers and their absent star, Joel Embiid.
  2. Karen Moore shouts out to the beauty in the world in times of ugliness.
  3. Matt Kelly shouts out to Congress about Gene Vindman and David Valadao’s elections in the face of Trump’s opposition.
  4. Karen Woody has her first ‘dirge’ in her shout-out and rant to all who have been or will be attacked by Trump and his supporters.
  5. Tom Fox shouts out the Indiana football team and their perfect record in 2024.
  6. Jonathan Armstrong shouts out to election ballot paper machine manufacturers for their remarkable turnaround from zero compliance in 2020 to 100% compliance in 2024, highlighting their hard work in turning a disaster into a triumph.

The members of the Everything Compliance are:

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

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

Check out the full 3-book series, The Compliance Kids, on Amazon.com.

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Innovation in Compliance

Innovation in Compliance – Exploring Client-Side Security and PCI DSS Compliance with Rui Ribeiro

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. Host Tom Fox takes things differently in this episode by welcoming Rui Ribeiro, Co-Founder and CEO at Jscrambler, the podcast’s sponsor.

Rui discusses innovative measures in client-side security and PCI DSS compliance, his professional background, and the significance of the PCI DSS Version 4 update in enhancing client-side environments, mainly focusing on controlling third-party vendors to prevent unauthorized data access. The discussion outlines the strides taken in making transactions secure and offers insights into the broader implications of data privacy and compliance trends. Listeners will gain a comprehensive understanding of the intersection between technology and compliance in the context of data security alongside the evolving regulatory landscape.

Key highlights:

  • Exploring Client-Side Security and PCI DSS Compliance
  • The Importance of PCI DSS Version 4
  • Challenges and Solutions in Client-Side Security
  • Jscrambler’s Role and Customer Engagement
  • Future of Client-Side Security and Compliance

Resources:


Rui Ribeiro on LinkedIn

Jscrambler

Tom Fox

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Daily Compliance News

Daily Compliance News: November 12, 2024 – The Science of Corruption 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.

  • What science reveals about corruption. (El Pais)
  • End of ESG and crypt initiatives at SEC. (WSJ)
  • FinCEN, corruption, and the real estate industry. (Reuters)
  • Would you trust Mattel to list your website?  (NYT)

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

Check out the full 3-book series, The Compliance Kids, on Amazon.com.