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Compliance Tip of the Day

Compliance Tip of the Day: The Importance of Data Governance

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, our aim is to provide you with 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.

In today’s episode, why is data governance the key factor that impacts the importance of compliance, data governance, and cybersecurity in business?

 

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Daily Compliance News

Daily Compliance News: May 24, 2024 – The Declination 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 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.

In today’s edition of Daily Compliance News:

  • First declination in a export control case. (WSJ)
  • Does the Constitution protect Menendez in delivering quo?  (Politico)
  • HSBC was fined for failing to help customers.  (BBC)
  • Cracks in the prosecution of Archegos. (Bloomberg)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Compliance and AI

Compliance and AI: Jonathan Armstrong – Understanding The EU AI Act and It’s Implications

What is the role of Artificial Intelligence in compliance? What about Machine Learning? Are you using ChatGPT?

These are but three of the many questions we will explore in this exciting new podcast series, Compliance and AI.

Hosted by Tom Fox, the award-winning Voice of Compliance, in this podcast, Jonathan Armstrong joins me to discuss the European Union Artificial Intelligence Act.

This podcast takes a deep dive into the EU AI Act, its current state, and its implications for AI regulation and compliance within Europe and beyond. Armstrong begins by clarifying the misconception that AI is unregulated in Europe by detailing existing cases where regulators have leveraged GDPR to address AI-related issues, including suspensions and fines against AI companies. The EU AI Act, which reached political agreement in December 2023, has a risk-based approach, a two-year period until full implementation, and a potential impact on corporations, particularly in terms of compliance and competitive advantage.

Armstrong also considered the Act’s extraterritorial reach, enforcement challenges, and the potential for high fines, drawing parallels to GDPR enforcement patterns. We covered the complexities of AI application compliance, the importance of proactive preparation by corporations, and the need for increased board-level awareness and diversity to effectively manage AI-related risks and opportunities. The podcast concludes with a Q&A session that further explores the proactive versus reactive stances of EU clients towards the AI regulatory environment, the importance of board governance in AI oversight, and the challenges posed by ‘shadow AI’ within organizations.

Key Highlights:

  • Introduction to the EU AI Act
  • Exploring Regulatory Actions and GDPR in AI
  • The EU AI Act: Overview and Implications
  • AI Compliance Challenges and Corporate Preparation
  • Board Governance and AI Oversight
  • The Future of Board Diversity and AI Expertise

Resources:

Jonathan Armstrong on LinkedIn

Punter Southall

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2 Gurus Talk Compliance

2 Gurus Talk Compliance: Kristy Gets a Diploma

What happens when two top compliance commentators get together? They talk about compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode!

In this episode, we look at reports suggesting China is strategically relocating forced labor from the Uyghur region to different parts of the country in an attempt to bypass US laws prohibiting goods sourced from areas associated with forced labor.

This could trigger wider limitations on goods originating from China, stressing the necessity for intensive audits and transparency in business operations. This issue has sparked bipartisan concern, hinting at potential upcoming legal actions.

Tom stresses the need for companies to react effectively to reduce risks, possibly through on-the-ground audits and increased accountability in business operations in China. Kristy underscores the need for thorough audits and proactive measures in response to the risks associated with forced labor in China. She raises the possibility of legal consequences for companies found to be misleading about their involvement with forced labor. Both perspectives serve to underline the gravity and complexity of this issue.

 Highlights Include:

  • Can shareholders criticize companies (without being sued)? (WSJ)
  • The Brazilian Supreme Court throws out Car Wash convictions.  (FT)
  • Prosecutorial misconduct eviscerates Fat Leonard convictions.   (WaPo)
  • First declination in the export control case. (WSJ)
  • ABC crusader picked as Vietnam’s next president. (Bloomberg)
  • BMW and Jaguar used banned China parts – US probe – BBC
  • Supreme Court Holds CFPB’s Funding Structure Constitutional – Gibson Dunn –
  • Binance Gets Two Compliance Monitors in Settlements With U.S. Authorities – WSJ
  • How Companies Dodge Tariffs – New York Times –
  • Moment motorist jumps into Florida lake to evade police during 90 mph chase after taking test drive too far – New York Post

Resources:

Kristy Grant-Hart on LinkedIn

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From the Editor's Desk

From the Editor’s Desk: Episode 28 – May and June, 2024 in Compliance Week

Welcome to From the Editor’s Desk, a podcast where co-hosts Tom Fox and Kyle Brasseur, EIC at Compliance Week, unpack some of the top stories that have appeared in Compliance Week over the past month, look at the top compliance stories upcoming for the next month, talk about some sports and generally try to solve the world’s problems.

Tom Fox and Kyle Brasseur are back, recapping highlights from Compliance Week 2024, focusing on core compliance topics taking center stage, notable panels, and the emphasis on learning from fellow compliance officers.

They also share insights on the powerful role of AI and regulatory policies, reflecting on discussions with industry leaders and experts on managing AI as a tool within compliance frameworks. Additionally, the conversation turns to recent articles in Compliance Week, covering topics like regulatory agencies’ need for CCOs, financial crimes, third-party risk management, and upcoming conferences.

The hosts also touch upon sports, sharing their thoughts on the NBA playoffs and concluding with a discussion on the impact of a Netflix roast of Tom Brady, viewing it from a compliance and personal perspective.

Highlights Include:

  • Recapping Compliance Week 2024 Highlights
  • The FDIC’s Toxic Culture and the Need for CCOs in Regulatory Agencies
  • Deep Dive into Compliance and AI at Compliance Week 2024
  • Exploring Recent Compliance Week Articles
  • Previewing Upcoming Articles and Compliance Events
  • Sports Segment: NBA and NHL Playoffs Insights
  • The Roast of Tom Brady: A Compliance Perspective

Resources:

Kyle Brasseur on LinkedIn

Compliance Week

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Innovation in Compliance

Making Compliance Training Memorable: Gamechanger 4 – Make Learning Playful

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams to find out what is on his mind regarding compliance. Tom Fox recently had the opportunity to do so on the topic of making compliance training memorable. Over this short, five-part series, we will introduce the problem and challenges and then provide you with four proven strategies for success in your compliance training.

In this concluding Episode 5, we discuss how making ethics and compliance training playful can enhance learning.

Our learning brain likes games. When people shift into a playful state of mind, they immerse themselves more deeply into the learning activity. Their mood brightens, their mind opens up, and they are intensely focused and more receptive to new information. Playful learning supports a deeper understanding of concepts, better recall of knowledge, and better transfer of skills to novel problems.

They explore the concept of the ‘Magic Circle’ in gaming, which engenders an immersive, playful state of mind that fosters openness and engagement. By employing game-based learning experiences like the ‘Ethics Kit Find Your Path’ card game, the discussion showcases how ethical scenarios can be addressed in an interactive, fun way.

Through the use of commitment, action, and resource cards, employees engage in collaborative problem-solving related to their organization’s ethical dilemmas. The episode emphasizes the importance of experiential, social, and strength-based learning, arguing that an engaging user experience (UX) in training not only makes learning enjoyable but also more effective in reinforcing ethical behaviors within organizations.

Highlights and Key Issues Discussed:

  • Introducing Playful Learning in Ethics and Compliance
  • The Magic Circle: A Concept for Playful Learning
  • Implementing Playful Learning: The Ethics Kit Card Game
  • Benefits and Outcomes of Playful Learning Experiences
  • Expanding Playfulness Beyond Games: Engaging Training Delivery
  • Key Takeaways from the Series

Resources:

Suggested Readings

  • Zosh, J. M., Hopkins, E. J., Jensen, H., Liu, C., Neale, D., Hirsh-Pasek, K., Solis, S. L., & Whitebread, D. (2017). Learning through play: a review of the evidence (white paper). The LEGO Foundation, DK.
  • Parker, Rachel & Thomsen, Bo & Berry, Amy. (2022). Learning Through Play at School – A Framework for Policy and Practice. Frontiers in Education. 7. 10.3389/feduc.2022.751801.

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Blog

Making Ethics & Compliance Training Memorable: Part 5 – Making Compliance Training Playful

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. I recently had the opportunity to make Ethics and Compliance (E&C) training memorable. We explored this topic over a five-part podcast series on the Innovation in Compliance podcast on the award-winning Compliance Podcast Network.

Over the next five blog posts, I will also explore these topics in the blog format. I will introduce the problem and challenges and then provide you with four proven strategies for success in your compliance training. I will deeply dive into why traditional E&C training often fails to engage employees and needs more impact on their behavior despite significant investments. In this concluding Part 5, we consider how a compliance professional can create playful and fun compliance training to increase employee engagement.

We began with the question, ‘Why is it important to make ethics and compliance training playful?’ Tams noted that there is a concept in gaming called the “magic circle.” This means that as “we enter into a play frame of mind, we enter this magic circle, where we become more open to new information. Play facilitates experiential learning, where we actively engage all our senses and enter a generative mode. We become protagonists in our learning journey in a play situation, turning training into an adventure. Games also lend themselves well to social learning. Strength-based, social, and experiential learning converge in the play. There is evidence supporting the positive learning outcomes facilitated by playful learning.”

We turned to some examples of playful ethics and compliance training and how it can incorporate some of the other concepts we have explored over this series, such as strength-based training, experiential learning, and the social aspect. Tams noted he developed a game-based ethics learning experience called “The Ethics Kit: Find Your Path,” a “card game for three to five participants. Players start by selecting a scenario derived from the company’s ethics code, such as anti-harassment, money laundering, or anti-discrimination. One player, the Pathfinder, devises a strategy to address the issue, supported by others using commitment, action, and resource cards. Participants engage in a self-guided, open-ended experience, using their ingenuity and creativity to bring diverse perspectives together. This resembles real-life situations, and players are cast as heroes who intervene to stop unethical behavior. This aligns with the strength-based perspective, where employees are seen as ethical agents rather than potential delinquents.”

Tams led a training session at UNESCO using this approach, with 50 senior managers participating. He noted that the room was filled with chatter and problem-solving, which he believed “demonstrated the effectiveness of this approach. Through this process, participants realize they are not alone in caring about ethics, which builds confidence and fosters a supportive environment.”

Tams also believes playfulness is how the training is delivered, such as using animation, music, or cool graphic designs to drive engagement, as engaging different senses can add significant value. However, he cautioned that these elements should not be used as gimmicks and that ensuring meaningful learning is crucial. If you address learners as ethical agents who can actively uphold moral values rather than potential rule-breakers, then playful elements like cartoons and humor can be practical. Otherwise, it becomes merely cosmetic and entertaining but not empowering.

Making ethics and compliance training fun and playful can transform an organization’s approach to ethical behavior. Organizations can create engaging, meaningful, practical training experiences by integrating playfulness into learning. This approach enhances individual skills and fosters a supportive and moral culture.

To implement playful learning in your organization, consider the following steps:

  1. Incorporate Game-Based Learning: Use games like “The Ethics Kit” to create interactive and engaging learning experiences.
  2. Leverage Multimedia Elements: Enhance training with animation, music, and graphic designs to make the content more engaging.
  3. Focus on Meaningful Learning: Ensure the content is relevant and meaningful to the learners, recognizing them as ethical agents.
  4. Build a Supportive Culture: Foster a culture of ethics by encouraging continuous dialogue and support among employees.

By taking these steps, compliance professionals can create a robust and engaging ethics training program that empowers employees to act ethically and supports a culture of integrity within the organization.

We concluded by summarizing key points from our five-part series. First, the user experience (UX) is crucial. Ethics can only be practical if it is engaging. Recipients must feel that the content speaks to them and is meaningful. The importance of UX, which is well-established in product design and design thinking, should be applied to ethics and compliance training.

Second, conventional compliance training often should be included in education and learning. Many compliance training programs need to move the needle on behavior change because they need insight from behavioral sciences, philosophy, psychology, and learning professionals. Integrating these perspectives can enhance training effectiveness.

Third, the four-game changers we have discussed—strength-based learning, experiential learning, social learning, and playful learning—are well-supported by research. These strategies are not new; they have been discussed and validated for over a century. Compliance professionals can benefit from incorporating these proven methods into their programs.

We hope you will consider one or more concepts in this podcast and blog post series. Please feel free to reach out if you have any questions or want to explore these topics further.

Tom Fox can be reached at tfox@tfoxlaw.com

Carsten Tams can be reached at carsten.tams@emagence.com

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TechLaw10

TechLaw10: Eric Sinrod & Jonathan Armstrong on the Effects of the War in Ukraine

In this edition of TechLaw10, Jonathan Armstrong, Director—L-EV8, talks to Professor/Attorney Eric Sinrod from his home in California. They pick up on a topic from their last film and look at the cybersecurity aspects of Russia’s attack on Ukraine. How has the war played out so far? Who are the winners & losers? And what are the consequences for organizations in the West who have been collateral damage in these attacks?

Eric takes a quick tour of the history of cyberwarfare and considers whether the cyberattacks on Ukraine are a rehearsal for something bigger. Jonathan examines the cybervigilante groups that have sided with Ukraine, including Anonymous. He also examines the activities of the Conti ransomware gang and the issues with insurance in times of war.

Discover L-EV8 as a new training business with Jonathan Armstrong

You can listen to earlier TechLaw10 audio podcasts with Eric and Jonathan at www.techlaw10.com.

You can find out more about Eric here at  Duane Morris LLP and more about Jonathan here at L-EV8 

Connect with the Compliance Podcast Network at:

LinkedIn: https://www.linkedin.com/company/compliance-podcast-network/

Facebook: https://www.facebook.com/compliancepodcastnetwork/

YouTube: https://www.youtube.com/@CompliancePodcastNetwork

Twitter: https://twitter.com/tfoxlaw

Instagram: https://www.instagram.com/voiceofcompliance/

Website: https://compliancepodcastnetwork.net/

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FCPA Survival Guide

FCPA Survival Guide – Introduction

How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a full declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action.

The Department of Justice (DOJ) has been unequivocal in its expectations for any company facing an FCPA enforcement action. This guide is tailored for compliance professionals and business executives who are part of such an investigation. It outlines the necessary steps to secure the most favorable resolutions, offering a glimmer of hope even in the most daunting circumstances. Since the introduction of the FCPA Corporate Enforcement Policy, the default position for any company that self-discloses a potential FCPA violation to the DOJ is that of a declination. This policy provides a significant advantage, even if a company does not self-disclose or there are aggravating factors, as it allows for substantial discounts from the DOJ. In the words of the DOJ, this guide details the actions a company can take to reduce any fine or penalty for an FCPA violation, providing a clear path to a more favorable outcome.

In this 10-part podcast series, we will examine the following tactics for reducing potential exposure if your company finds itself in the FCPA crosshairs:

1.     Self-Disclosure.

2.     The Need for Speed

3.     Extensive Remediation

4.     Root Cause, Risk Assessment and Gap Analysis.

5.     Data Analytics.

6.     Clawback and Holdbacks.

7.     Change in sales models.

8.     Enhancement of Compliance.

9.     Internal Controls.

10.  Investigative Protocol

Resources:

Nick Gallo on LinkedIn

Ethico

The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action

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Innovation in Compliance

Making Compliance Training Memorable: Gamechanger 3 – Make Learning Social

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams to find out what is on his mind regarding compliance. Tom Fox recently had the opportunity to do so on the topic of making compliance training memorable. Over this short, five-part series, we will introduce the problem and challenges and then provide you with four proven strategies for success in your compliance training.

In this Episode 4, we discuss making learning social and collaborative so that learners work together to search for understanding, meaning, or solutions.

Social learning refers to learning with each other, from each other, and about each other. Social Learning Theory tells us that a lot of learning consists of observing and emulating others. Collaborative learning also affords participants with the opportunity to gain unique insights and skills. Cooperative learning allows participants to develop their social-emotional and interpersonal skills. They can practice ethical voice, simply by discussing an ethical situation with each other.

During collaborative learning, participants can establish new social ties with other learners or deepen existing ties. Learners can discover that other participants care about the same ethical values. Learners can foster trust among each other and a shared expectation of mutual support in moments of difficulty. During collaborative learning, participants can experience that they can augment their problem-solving capabilities by combining their respective resources (e.g., experience, ingenuity, networks). These learning benefits are difficult, if not impossible, to acquire through individual learning.

Tom and Carsten explore the concept of social learning, referencing theories by Lev Vygotsky on social constructivism and Albert Bandura on vicarious learning and self-efficacy, to explain how behaviors and ethical values are acquired through social interaction. They emphasize that learning ethics and compliance can be more effective in a social context, whether it is through discussing ethical dilemmas, observing others’ behaviors, or learning from shared experiences.

The dialogue also touches on the importance of building social capital through ethical discussions, which helps in crafting solutions to ethical challenges as a team. Furthermore, they argue that every aspect of work has an ethical dimension and that recognizing the ethical implications of seemingly minute actions can significantly contribute to an organization’s ethical resilience. The episode concludes with anticipation for the next episode, focusing on making compliance training fun.

 Highlights and Key Issues Discussed:

  • Introduction to Social Learning in Ethics and Compliance
  • Exploring Social Learning Theory
  • The Impact of Social Learning on Ethical Behavior
  • Social Learning’s Role in Organizational Culture
  • Practical Examples of Social Learning in Action
  • Deep Dive into Safety and Ethics in the Workplace 

Resources:

Articles and Books

  • Boyd, R., Richerson, P. J., & Henrich, J. (2011). The cultural niche: Why social learning is essential for human adaptation. PNAS Proceedings of the National Academy of Sciences of the United States of America, 108(Suppl 2), 10918–10925. https://psycnet.apa.org/doi/10.1073/pnas.1100290108
  • Reed, M. S., A. C. Evely, G. Cundill, I. Fazey, J. Glass, A. Laing, J. Newig, B. Parrish, C. Prell, C. Raymond, and L. C. Stringer. 2010. What is social learning? Ecology and Society, 15(4), [r1]. http://dx.doi.org/10.5751/ES-03564-1504r01
  • Marjan Laal, Seyed Mohammad Ghodsi, Benefits of Collaborative Learning. Procedia—Social and Behavioral Sciences, 31, 486-490.
    https://doi.org/10.1016/j.sbspro.2011.12.091
  • Bandura, A. (1977). Social learning theory. Englewood Cliffs, NJ: Prentice Hall.
  • Bauman, Z. (2000). Special essay. Am I my brother’s keeper? European Journal of Social Work, Vol. 3, No. 1, pp. 511 https://doi.org/10.1080/714052807

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