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Compliance Tip of the Day

Compliance Tip of the Day: The Democratization of Data

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, we look at why the goal of every compliance function is to eliminate data silos and enable easy data access and analysis.

 

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 21, 2024 – The All NYT 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:

  • The Senate says BMW used forced labor on car parts.  (NYT)
  • The OZY fraud trial begins. (NYT)
  • Chinese firms are both a rock and a hard place. (NYT)
  • How to dodge a tariff. (NYT)

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

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Blog

Making Ethics & Compliance Training Memorable: Part 2 – What is Strength Based Training?

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 do so on the topic of making Ethics and Compliance (E&C) training memorable. We explored this topic over this short five-part podcast series on the  Innovation in Compliance podcast series 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 deeply dive into why traditional E&C training often fails to engage employees and needs more impact on their behavior despite significant investments. In Part 2, we discuss focusing on strengths within compliance and ethics training instead of traditional deficit-based methods highlighting potential misconduct.

Employees often feel mistrusted and alienated when we instruct people about prohibited behaviors and how the company detects and discipline misconduct. They tune out. This is deficit-based learning. It approaches the learner as a risk factor or potential delinquent. It aims to constrain unwanted behavior. When employees can learn how to shape and safeguard the ethical workplace they aspire to effectively, they feel inspired and tune in. This is strength-based training. It approaches the learner as a valued partner in maintaining integrity. It assumes that people have capabilities and aims to elicit and strengthen the positive ethical faculties already present in most people.

Traditional compliance training often begins with the assumption that employees might engage in inappropriate behavior. This deficit-focused approach can make employees feel like potential delinquents, which is counterproductive. When training casts employees in a negative light, it threatens their self-concept and leads to disengagement. Self-affirmation theory in psychology supports this, suggesting that people must feel respected and valued to stay engaged.

In contrast, a strength-based approach recognizes and builds upon the positive capabilities that employees bring to the table. This method has proven successful in various fields, including healthcare, aviation safety, and education. It engages employees more effectively by acknowledging their existing values, problem-solving skills, and capacity for ethical behavior.

I would not talk about Carsten Tams if I did not cite his signature line, “It’s All About the UX.” This highlights the significance of user experience in training, as effective compliance training should integrate employees as valued partners. Focusing on learners’ needs and expectations can make training more engaging and impactful. This shift from content-centric to learner-centric training is crucial for building trust and engagement.

Employees inherently possess ethical values and capabilities. Research by Jonathan Haidt on Moral Foundations Theory indicates that people worldwide share basic moral intuitions such as fairness and respect. Employees also bring problem-solving skills and the ability to act and speak up when they observe unethical behavior. The Association of Certified Fraud Examiners, in its annual Report to the Nations, has consistently found that employee tips are the primary source of detecting misconduct, highlighting the importance of empowering employees as ethical agents.

Strength-based training involves recognizing and developing these inherent capabilities. Some examples are:

  1. Scenario-Based Training: Traditional deficit-based scenarios focus on spotting problems and avoiding rule-breaking. Strength-based scenarios, however, go further by engaging learners in problem-solving. Employees are presented with situations where they can devise strategies to uphold ethical values and prevent negative outcomes. This approach utilizes their creative and critical thinking skills.
  2. Collaborative Learning: Encouraging social interactions and mutual support among employees can enhance the training experience. Fostering a sense of community and collective efficacy can help employees feel more confident in intervening against unethical behavior.
  3. Active Bystander Training: In areas like anti-sexual harassment, training that views employees as potential allies rather than potential offenders has shown positive results. Programs like active bystander training empower employees to act and support each other in maintaining a respectful workplace.

Strength-based training does more than prevent misconduct; it contributes to building an organization’s sustainable, ethical culture. By enabling and encouraging most employees to act on their moral values, organizations create an inhospitable environment for potential wrongdoers. This approach is more effective than relying solely on top-down communications about zero-tolerance policies and disciplinary measures.

Tams emphasizes that a supportive and proactive community within the workplace can deter unethical behavior more effectively than distant enforcement. In criminology, research on collective efficacy shows that communities with strong social ties and confidence in their ability to address incivilities experience lower crime rates. The same principles can apply within organizations, where a collective commitment to ethical behavior creates a powerful deterrent against misconduct.

Strength-based ethics and compliance training represent a paradigm shift in how organizations approach compliance. By focusing on employees’ positive capabilities and fostering a supportive and engaging training environment, companies can build a more resilient and ethical culture. This approach enhances compliance and empowers employees to be active partners in maintaining and promoting ethical standards. As organizations continue to evolve, integrating these principles into training programs can lead to more effective and sustainable outcomes.

Join us tomorrow, where I take a deep dive into making your compliance training experiential.

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Uncovering Hidden Risks

Ep 15 – Secure Access in the Era of AI

Jef Kazimer, Microsoft’s Principal Product Manager, and Bailey Bercik, Senior Product Manager, join Erica Toelle and guest host Lisa Huang-North on this week’s episode of Uncovering Hidden Risks. Today’s episode will focus on security in the era of cloud and AI, with insights from Microsoft Security’s product team. It will encompass AI-driven security measures, data protection, identity management, and compliance in the cloud while providing valuable insights for professionals navigating the evolving landscape of cloud security and AI’s influence on it. Together, they discuss the importance of basic security hygiene, the implications of sophisticated AI-based attacks, and the necessity of adopting a defense-in-depth strategy to protect against emerging threats.

In This Episode You Will Learn:

  • The use of generative AI in attack vectors like phishing and social engineering
  • Principles of zero trust and how they apply to AI systems
  • Challenges and opportunities for securing identity and access in 2024

Some Questions We Ask:

  • How can organizations leverage Microsoft’s Zero Trust framework to protect their data?
  • What are the best practices when implementing passwordless authentication?
  • Are the principles of Zero Trust still relevant to this new wave of threats?

Resources:

View Lisa Huang-North on LinkedIn

View Jef Kazimer on LinkedIn

View Bailey Bercik on LinkedIn 

View Erica Toelle on LinkedIn     

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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The Ethics Experts

Episode 175 – Kasturi Venkatesh

In this episode of The Ethics Experts, Nick welcomes Kasturi Venkatesh.

Kasturi has worked in compliance across different industries, including immigration, technology, and civil engineering and construction.

Kasturi has been a strategic compliance advisor to internal and external clients and specializes in conflicts of interests, third-party risk management, and developing and implementing policies and procedures.

She also enjoys creating and enhancing custom ethics and compliance programs for clients and projects.

LinkedIn: www.linkedin.com/in/kasturi-venkatesh-b5878322

Categories
Innovation in Compliance

Making Compliance Training Memorable: The Problem

There is not much I enjoy more than sitting down with one of the most innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. I 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 game-changing strategies you can employ for success in your compliance training.

In Episode 1, we provide the lay of the land, explain when ethics training needs some fresh ideas, discuss some of the challenges ethics training is facing and conclude with a summary of the solutions we see.

Tom and Carsten take a deep dive into why traditional E&C training often fails to engage employees and lacks impact on their behavior, despite significant investments. This episode sets up the problem by exploring the historical context of E&C training, the difference between European values-focused and American rules-regulation approaches, and how these methods have evolved.

Their discussion highlights several barriers to effective training, including training being seen as a checkbox exercise, the deficit-focused nature, passive learning methods, isolation, and a lack of playfulness. They also touch on the promising findings that training can be effective when it delivers a positive user experience, emphasizing the need for innovative approaches to improve engagement and behavioral impact. The podcast series aims to explore solutions and strategies for making E&C training more engaging and effective, grounded in four proven principles of learning design. 

Highlights and Issues

  • Introduction to the Series on Ethics and Compliance Training
  • Identifying the Problem with Current Ethics and Compliance Training
  • Exploring the Ineffectiveness of Traditional Training Approaches
  • The Four Engagement Killers in Compliance Training
  • Towards a More Effective Training Approach: Preview of Upcoming Episodes

Resources:

Carsten Tams on LinkedIn

Emagence Consulting

Tom Fox

Instagram

Facebook

YouTube

Twitter

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Daily Compliance News

Daily Compliance News: May 20, 2024 – The CFPB is Constitutional 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:

  • The Supreme Court finds the CFPB constitutional.  (NYT)
  • Binance gets 2 monitors. (WSJ)
  • Newsom accuses Trump of an extortion attempt on energy execs.  (NYT)
  • AGC crusader picked as Vietnam’s next president. (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 Tip of the Day

Compliance Tip of the Day: Data Analytics and Compliance Decisions

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, we consider how and why data analytics allows a compliance function to analyze data and uncover patterns that may not be apparent to the human eye.

 

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

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FCPA Compliance Report

FCPA Compliance Report: Kenyen Brown on Preventing DOJ Intervention Through High Policing Standards

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this special edition of the FCPA Compliance Report, welcome back fan favorite Kenyen Brown, now at his new firm, Thompson Coburn LLP.

Kenyen Brown joins Tom Fox to discuss his experience reviewing the Mobile AL Police Department use of force on behalf of his client, the City of Mobile.

Kenyen Brown is a renowned legal expert with a wealth of experience in investigations and legal work concerning constitutional standards in the use of force. His perspective on this topic is heavily influenced by his extensive background in various roles, such as US Attorney and counsel for Senate and House ethics committees, which has allowed him to deeply understand the intricacies of law enforcement and constitutional standards.

Brown firmly believes that police departments ought to adopt proactive measures, including independent third-party oversight, to align their practices with constitutional standards, particularly in the utilization of force. His experiences, notably his review of the Mobile Police Department’s use of force incidents, have led him to advocate for proactive, independent oversight to improve community relations and prevent deadly force incidents.

He underscores the necessity of reevaluating and enhancing general orders, principles, and training to ensure law enforcement officers’ compliance with constitutional standards, thereby reducing the likelihood of deadly force incidents and potential civil rights violations.

 Highlights in this Episode:

  • Preventing DOJ Intervention Through High Policing Standards
  • Community-Led Oversight: Enhancing Police Department Practices
  • Constitutional Standards for Use of Force
  • Public Involvement in Police Accountability and Transparency
  • Controversial Police Practice: No-Knock Raids

Resources:

Kenyen Brown on LinkedIn

Thompson Coburn LLP

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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

Categories
Corruption, Crime and Compliance

Review of the EU Whistleblowing Directive with Alex Cotoia and Daniela Melendez

Directive 2019/1937 of the European Parliament and Council dated October 23, 2019 on the “protection of persons who report breaches of Union law” (the “Directive”) is currently being implemented by EU Member States. The directive has broad applicability to organizations operating in the EU internal market and applies to both public and private sector organizations alike.

Whistleblowers are guaranteed legal protection to the extent: (1) they have reasonable grounds to believe that the information reported was true at the time of the report; and (2) the whistleblower reported either internally to the organization, externally to a competent authority, or publicly. Private sector organizations with 50 or more workers are legally required to establish channels and procedures for internal reporting of EU law breaches and conduct appropriate follow-up. 

In this episode, Mike Volkov is joined by Daniela Melendez and Alex Cotoia from the Volkov Law Group, who bring their expertise to the table as they delve into the EU Directive and its implementation by several member states.

Listen to this discussion to understand and navigate the complexities of the EU Whistleblowing Directive.

  • The EU Whistleblower Directive shifts the burden of proof on retaliatory actions to the person taking the detrimental action, requiring them to demonstrate it was not linked to reporting concerns.
  • Global companies are taking a proactive stance by increasingly focusing on robust ethics and compliance programs. This strategic move is aimed at mitigating risks and promoting positive corporate citizenship in today’s economy, where adherence to legal and ethical standards is paramount.
  • France signed the EU Directive into law on March 21, 2022, outlining protocols for gathering and handling whistleblower reports, including a two-month deadline for imposing disciplinary sanctions.
  • Germany enacted the EU Directive on May 12, 2023, allowing anonymous reports and setting a three-month investigation deadline after receiving the report.
  • Spain addressed the EU Directive in February 2023 by covering additional topics like occupational health and safety breaches. The directive established a three-month deadline for investigations and allowed anonymous reports.
  • Italy transposed the EU Directive on August 4, 2022, including administrative, financial, civil, and criminal offenses not covered by the Directive, with a 30-day deadline to conduct investigations upon receipt of reports.
  • Companies are advised to make resources available to conduct investigations quickly due to the short timeframes set by various countries’ whistleblower protection laws.

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Alex Cotoia on LinkedIn 

Email: acotoia@volkovlaw.com

Daniela Melendez on LinkedIn

Email: dmelendez@volkovlaw.com