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Upping Your Game

Upping Your Game – Leveraging Behavioral Analytics in Compliance: A Proactive Approach

In February, the Trump Administration suspended investigations under and enforcement of the FCPA. Many compliance professionals have since wondered what this will mean for corporate compliance programs going forward. Hui Chen challenged compliance professionals with the statement, “It’s time to up your game.”

This podcast series, sponsored by Ethico and co-hosted with Ethico co-CEO Nick Gallo, hopes to meet Hui Chen’s challenge. We will discuss how compliance professionals can ‘Up Their Game’ by utilizing currently existing Generative AI (GenAI) tools to enhance their compliance programs significantly. As compliance professionals, it is crucial to recognize that this moment is not merely about incremental improvements but about elevating our profession to an entirely new level of effectiveness, efficiency, and organizational value.

Tom Fox and Nick Gallo explore the role of behavioral analytics in transforming cultural assessments and compliance programs. They discuss how AI and data analytics can help compliance officers transition from a reactive to a proactive approach, thereby enhancing decision-making and promoting positive behavior within organizations. The conversation covers the importance of continuously assessing culture, the challenges of measuring it, and the necessity of thinking in bets—much like a skilled poker player. Tune in to learn how to make smarter, more agile decisions in the compliance realm, and stay ahead of potential issues before they escalate.

Key highlights:

  • Behavioral Analytics in Compliance
  • The Importance of Measuring Culture
  • Evolution of Data Analytics in Compliance
  • Strategies for Gathering Behavioral Data

Resources:

Upping Your Game-How Compliance and Risk Management Move to 2030 and Beyond on Amazon.com

Nick Gallo on LinkedIn

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Tom Fox

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Compliance Tip of the Day

Compliance Tip of the Day – AI, Behavioral Analytics and Cyber Security

Welcome to “Compliance Tip of the Day,” the podcast that brings 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 goal is to provide you with bite-sized, actionable tips to help you stay ahead in your compliance efforts. 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 explore how pairing AI with behavioral analytics can enhance your cybersecurity.

For more information on this topic, refer to The Compliance Handbook: A Guide to Operationalizing Your Compliance Program, 6th edition, recently released by LexisNexis. It is available here.

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Compliance Tip of the Day

Compliance Tip of the Day – AI and Behavioral Analytics

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 dive into how behavioral analytics is revolutionizing corporate compliance and the critical lessons for compliance professionals ready to lead the next generation of risk management.

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.

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Blog

Behavioral Analytics: Revolutionizing Corporate Compliance in the AI Age

In today’s high-velocity business world, checking a compliance box once a year is as useful as lighting a football stadium with a candle. The 2025 compliance function is no longer a reactive afterthought; it’s a strategic business partner actively shaping corporate culture, managing risks, and protecting enterprise value.

Behavioral analytics is at the heart of this evolution, a powerful tool transforming how compliance professionals assess culture, predict risks, and drive proactive interventions. Let’s dive into how behavioral analytics is revolutionizing corporate compliance and the critical lessons for compliance professionals ready to lead the next generation of risk management.

The New Reality of Compliance

Once upon a time, compliance was about writing policies, training employees, and investigating breaches after the fact. Those days are long gone. Today, driven by digital transformation, skyrocketing regulatory expectations, and the explosive power of AI and machine learning, compliance moves upstream, spotting risks early, analyzing cultural shifts in real-time, and becoming a guardian of ethical business practices before crises occur.

As I often say (and will continue to preach), effective compliance equates to greater business efficiency and profitability. Regulators have clarified that access to real-time internal data is now an expectation, but it is not nice. Compliance teams must embrace tools that enable them to predict and prevent problems rather than simply reacting to them.

Behavioral Analytics Explained

Behavioral analytics might sound like a buzzword, but the concept is simple: it’s about understanding how people act and why they behave the way they do before their behavior becomes a problem. Key components include:

  • Employee Behavior Analysis: AI systems track work patterns, communication anomalies, and procedural deviations to identify potential misconduct or disengagement early.
  • Survey Data: Modern surveys, analyzed through AI, can track sentiment shifts in real time, uncovering emerging risks or weakening ethical climates.
  • Internal Communications Monitoring: By applying natural language processing (NLP) to emails, chats, and meeting notes, compliance can detect early signs of dissatisfaction, unethical behavior, or brewing fraud.

Behavioral analytics gives compliance professionals a real-time, actionable view of the company’s ethical health, moving beyond static audits or annual risk assessments.

The Business Case for Behavioral Analytics

We need to be clear: compliance must always deliver business value. Behavioral analytics offers just that:

  • Enhancing Transparency: Providing an unobstructed view into ethical culture and emerging risks.
  • Improving Risk Management: Allowing early interventions that prevent costly misconduct.
  • Enabling Real-Time Insights: Facilitating fast, informed decision-making based on real-world, real-time data.
  • Driving Data-Driven Decisions: Replacing intuition and subjective judgment with objective, evidence-based compliance strategies.

In short, behavioral analytics turns compliance into a proactive, strategic asset, not just a defensive mechanism.

Lessons from the Trenches: Albemarle’s Experience

Pioneers like Albemarle have shown how to operationalize behavioral analytics effectively. Their journey offers critical lessons for compliance officers seeking to lead cultural transformation.

1. Collaboration Across Functions is Crucial

Behavioral analytics does not live in a vacuum. Albemarle’s compliance teams worked closely with HR and Health & Safety to access meaningful data proxies, like attrition rates and near-miss safety incidents, that illuminated deeper cultural health indicators. Lesson: Compliance must break down silos and build bridges across departments to gain a holistic view of organizational health.

2. Prioritize Data Accessibility and Quality

Albemarle focused on easily accessible, high-quality metrics that reflected real employee behaviors, such as engagement with compliance communications, rather than mere policy completions. Lesson: Quality and accessibility of data are non-negotiable. Choose metrics illuminating employee ethics and engagement, not just compliance “checkmarks.

3. Real-Time Monitoring Drives Proactive Compliance

Waiting for an annual survey is like driving by looking only in the rearview mirror. Albemarle’s real-time monitoring system enabled rapid responses to emerging risks. Lesson: Compliance must invest in real-time analytics to anticipate, not just react to, ethical risks.

4. Tailor Metrics to Your Organization

Albemarle’s metrics were not generic but tailored to the company’s specific risks and operations. Lesson: There is no one-size-fits-all in behavioral analytics. Customize your metrics to fit your organizational DNA.

5. Engage Leadership Through Meaningful Insights

Raw data does not move leaders—stories do. Albemarle’s compliance team translated analytics into clear, strategic insights tied directly to business outcomes, winning executive buy-in. Lesson: Tell compelling stories with your data. Show leadership how ethical culture impacts performance, resilience, and reputation.

Conclusion: The Future is Now

Behavioral analytics is not just the next shiny compliance tool; it is the foundation for the future of proactive, strategic risk management.

Compliance professionals who master these tools and are willing to collaborate across departments, prioritize data quality, customize metrics, and meaningfully engage leadership will not only protect their companies from misconduct but also help them thrive ethically and financially. The future of compliance is behavioral—in real time, strategic, and here.

Are you ready to lead it?

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

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Blog

Embracing AI-Driven Behavioral Analytics in Compliance

Traditional compliance tools, like annual surveys and periodic audits, are no longer sufficient to safeguard ethical culture. Instead, organizations are increasingly turning to AI-driven behavioral analytics to capture the dynamic pulse of their workforce in real-time. This cutting-edge approach, detailed in the attached article on behavioral analytics for culture assessment, enables proactive risk management and redefines how compliance professionals support and safeguard corporate integrity. In this post, I will share five essential lessons for compliance professionals and a detailed case study on how Starling (Starling Trust Sciences) is leveraging these technologies to revolutionize culture assessment and ethical oversight.

Key Lessons for Compliance

1. Leverage Continuous, Data-Driven Insights

One of the most compelling advantages of AI-driven behavioral analytics is its ability to deliver continuous, real-time insights into organizational culture. Traditional compliance methods, relying on infrequent surveys or sporadic focus groups, capture only snapshots of employee sentiment. In contrast, modern AI tools sift through vast amounts of employee data, including internal communications, collaboration patterns, and HR metrics, to detect trends and anomalies before they escalate into compliance crises.

By integrating continuous monitoring into your compliance program, you can identify red flags such as unusual communication patterns, increased negative sentiment, or emerging silos in employee interactions. This real-time data enables you to proactively address areas of concern, such as potential ethical lapses, rising stress levels, or breakdowns in the speak-up culture, thereby preventing minor issues from snowballing into major scandals.

Moreover, continuous monitoring empowers compliance professionals to shift their focus from reactive investigations to strategic interventions. When your dashboard is always up to date with actionable insights, you can pinpoint when a potential risk emerges and respond swiftly with targeted training, leadership coaching, or even process redesign. Integrating these analytics with existing risk management and incident response protocols is key to ensuring no warning signal goes unheeded.

2. Foster a Culture of Transparency and Trust

The successful implementation of AI-driven behavioral analytics hinges on transparency. Employees need to know that these tools aim not to spy on every conversation but to foster an environment of trust and accountability. Clear communication about what data is being collected, how it is used, and the safeguards to protect individual privacy is paramount.

Transparency builds trust, both internally and with regulators. When employees understand that the analytics are used solely to detect systemic issues (rather than to target individuals), they are more likely to embrace the technology. A well-communicated program that explains its benefits, such as early detection of ethical red flags and the potential for swift intervention, can turn skeptics into advocates. Employees who feel that their voice matters and that their company is genuinely invested in their well-being will likely contribute more positively to the corporate culture.

Fostering a culture of transparency involves a commitment to open dialogue. Regular training sessions, Q&A forums, and accessible dashboards help demystify the technology and make it a collaborative effort rather than a top-down surveillance tool. When the compliance function is seen as a partner rather than a policing arm, the overall ethical culture of the organization is strengthened.

3. Integrate AI with Human Expertise

Always remember the human in the loop. No matter how sophisticated an AI system becomes, it cannot, and should not, replace human judgment. AI-driven behavioral analytics is a powerful tool, but its effectiveness is maximized when paired with the expertise and intuition of seasoned compliance professionals. Human oversight is crucial for interpreting nuanced signals that an algorithm might otherwise misinterpret.

When AI flags a potential risk, it should be a starting point for further investigation rather than an automatic disciplinary trigger. Compliance teams must review flagged incidents in context, considering factors such as organizational changes, departmental dynamics, or external pressures that might influence employee behavior. This human-in-the-loop approach ensures that decisions are both data-informed and contextually grounded.

The bottom line is that AI should empower, not replace, compliance professionals’ critical thinking and ethical judgment. Combining the speed of machine learning with the discernment of human experts creates a compliance function that is both proactive and prudent.

4. Prioritize Data Quality and Integration

The effectiveness of AI-driven behavioral analytics is only as strong as the data it processes. For compliance professionals, ensuring high-quality, integrated data across the organization is a non-negotiable prerequisite for successful culture assessment. Fragmented, inconsistent, or siloed data can lead to inaccurate insights and misdirected interventions.

To maximize AI’s power, organizations must invest in robust data governance practices. These include standardizing data sources, cleaning and normalizing data, and integrating information from various channels, such as emails, chat logs, HR metrics, and employee surveys, into a unified platform. A centralized data repository streamlines analytics and provides a single source of truth supporting compliance and broader business decision-making.

Investing in data quality also means working closely with IT and data management teams. Compliance professionals should advocate for the necessary resources to build and maintain data pipelines that support continuous monitoring. This collaboration is essential for ensuring that the AI system receives timely, accurate, and relevant data that reflects the true state of your company’s culture.

5. Act on Insights with Strategic Interventions

Data-driven insights are only as valuable as the actions they inspire. The final and arguably most critical lesson for compliance professionals is ensuring that every insight gleaned from AI-driven behavioral analytics translates into strategic, timely interventions. The goal is not to monitor culture but to actively shape and improve it.

When analytics reveal emerging trends—such as increased negativity in internal communications or signs of disengagement within a particular team—it is imperative to move quickly. This means having a well-defined response plan in place: whether it’s targeted training sessions, leadership coaching, or structural adjustments within the affected department, the response should be proportional to the risk identified. Timely interventions can prevent small issues from snowballing into systemic cultural weaknesses that compromise compliance and organizational integrity.

By turning data into decisive action, compliance professionals can prevent misconduct and reinforce a culture where ethical behavior is recognized, nurtured, and rewarded. In doing so, the compliance function becomes a true strategic partner that drives sustainable growth and long-term trust within the organization.

The Future is Now: Starling Trust Sciences

Starling Trust Sciences is a pioneer in predictive analytics for culture assessment. It has redefined how organizations monitor and enhance their ethical culture. Starling’s platform analyzes digital traces, specifically metadata from employee communications, without intruding on the content. This innovative approach preserves employee privacy while providing invaluable insights into behavioral patterns and culture.

At its core, Starling leverages AI to map out organizational communication networks. By examining factors such as frequency, timing, and the structural patterns of interactions, the platform generates quantifiable indicators of engagement, trust, and even potential misconduct risk. For instance, if a team begins exhibiting unusually siloed communication or informal channels become overly dominant, Starling’s system flags these as early warning signs that something may be amiss.

One large financial institution, for example, integrated Starling’s analytics into its compliance program to monitor high-risk departments. The platform identified areas where communication breakdowns occurred—a common precursor to ethical lapses and regulatory breaches. Managers were alerted to these trends well before any formal complaint or misconduct report was filed. This proactive approach allowed the institution to implement targeted interventions, such as team-building workshops and leadership coaching, ultimately strengthening the organization’s ethical culture.

Moreover, Starling’s emphasis on predictive analytics meant that the platform wasn’t just reacting to historical data but actively forecasting potential risks. Starling’s AI model provided a risk score for different teams by correlating communication patterns with past misconduct incidents. Compliance professionals used these scores to prioritize investigations and focus their resources on the areas with the highest likelihood of non-compliance. The result was a dramatic improvement in early detection and reduced compliance incidents across the board.

Starling’s case exemplifies how advanced analytics can serve as both an early warning system and a strategic tool. By blending technological precision with human judgment, organizations can create a compliance function that is agile, proactive, and deeply integrated into the fabric of the company’s culture. Starling’s approach underscores the future of compliance: one where data-driven insights pave the way for continuous improvement, ethical leadership, and, ultimately, a more resilient organization.

AI-driven behavioral analytics is not merely a technological upgrade. Instead, it is a paradigm shift for compliance professionals. By leveraging continuous insights, fostering transparency, integrating human expertise, ensuring data quality, and acting decisively on data, compliance teams can transform their roles from reactive enforcers to strategic partners in building an ethical, resilient culture. Starling’s success story is just one example of how these advanced tools can empower organizations to stay ahead of emerging risks and cultivate a culture embodying compliance excellence.

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Compliance Tip of the Day

Compliance Tip of the Day – Embracing AI-Driven Behavioral Analytics in Compliance

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 leverage GenAI to revolutionize culture assessment and ethical oversight.

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

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Compliance Tip of the Day

Compliance Tip of the Day – Using AI for Employee Behavioral Analytics

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 AI and NLP can review a broader data set to determine possible employee anomalies.

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

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

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Blog

AI in Compliance: Part 3, Leveraging AI for Employee Behavioral Analytics in Corporate Compliance

We continue our 5-part exploration of using AI in compliance by considering how employee behavioral analytics can be used to prevent employee misconduct. Whether intentional or inadvertent, employee misconduct can present significant risks to corporate integrity, financial stability, and reputation. From conflicts of interest and fraudulent activity to harassment and toxic workplace cultures, identifying and mitigating these risks is a cornerstone of an effective compliance program.

However, traditional monitoring methods often miss subtle warning signs or are applied inconsistently. Enter artificial intelligence (AI) employs behavioral analytics powered by natural language processing (NLP). By analyzing communication patterns, sentiment, and tone in employee emails, chats, and other digital interactions, AI provides a proactive, scalable approach to identifying indicators of unethical behavior before they escalate.

However, deploying AI in this sensitive area, especially privacy and trust, comes with challenges. In Part 3, we explore the best practices for using AI to enhance compliance through employee behavioral analytics while navigating the ethical and legal complexities of such monitoring.

The Promise of AI in Employee Behavioral Analytics

AI’s strength lies in its ability to sift through large volumes of unstructured data—emails, instant messages, chat logs—and identify patterns or anomalies that might signal risk. For compliance, this translates into:

  1. Early Detection of Red Flags. AI can flag terms or phrases commonly associated with misconduct, such as “special arrangement,” “off the books, or “don’t tell. These signals can point to potential fraud, bribery, or other violations. For instance, if an analysis detects a pattern of discussions about unauthorized “side deals, it might prompt a closer look at contract negotiations or procurement activities to ensure compliance with anti-corruption policies.
  2. Sentiment Analysis. NLP tools can analyze the tone of communications to detect hostility, coercion, or undue pressure, which are common markers in harassment or toxic workplace cases.
  3. Proactive Risk Mitigation. AI allows compliance teams to intervene early, whether through targeted training, process reviews, or investigations, by identifying behavioral trends or hotspots.

Real-World Applications of AI in Employee Monitoring

AI can help prevent fraud and financial misconduct. AI tools can scan communications for phrases or patterns indicative of fraudulent behavior, such as collusion between employees and vendors. An example might be an uptick in messages between a procurement manager and a vendor containing terms like “cash payment or “split invoice, which could warrant investigation. Early identification prevents financial loss and regulatory scrutiny.

Conflicts of Interest still present a real set of risks. AI can identify potential conflicts of interest by cross-referencing communications with external datasets, such as LinkedIn profiles or corporate registries. For example, an employee who regularly communicates with a third party in which they hold a financial interest might be flagged for further review. Addressing these conflicts helps maintain transparency and trust.

Workplace harassment is still an ongoing issue in many organizations. Sentiment analysis tools can detect signs of harassment, such as bullying or discriminatory language, even when explicit complaints have not been filed. For example, a pattern of negative sentiment in internal chat groups tied to a specific team or manager could indicate a problematic workplace culture. Such proactive intervention protects employees and fosters a positive organizational culture.

Insider threats can occur in a variety of situations. AI can identify employees at risk of engaging in unethical behavior by analyzing communication patterns, tone, or frequency changes. An example might be where a sudden shift in tone or reduced communication volume might signal employee disengagement or dissatisfaction, common precursors to misconduct. Addressing underlying issues reduces the likelihood of insider threats.

Balancing Privacy with Compliance

This is an area where compliance professionals should tread carefully, as deploying AI in employee monitoring is a double-edged sword. While it enhances compliance capabilities, it can also raise concerns about privacy and trust. Employees may feel surveilled or micromanaged, leading to reduced morale and potential legal challenges if monitoring practices need to be more transparent and lawful. Compliance professionals should work towards several key goals to strike the right balance.

You should be transparent and communicate openly about using AI tools for monitoring. The compliance function should communicate these tools’ purpose, scope, and benefits, emphasizing their role in promoting ethical behavior and a safe workplace. Data collection should be limited to only relevant communications, avoiding personal channels or non-business-related interactions. You must set clear boundaries on what is analyzed and ensure monitoring aligns with applicable data privacy laws, such as GDPR or CCPA.

Cross-collaboration in this area is critical. Your compliance function should collaborate with legal and HR departments to ensure AI deployment complies with labor laws, privacy regulations, and organizational policies. Using this approach focuses on anomalies, not individuals. Design AI systems to flag patterns or trends rather than targeting individual employees unless clear indicators of misconduct emerge. At all costs, you must avoid “guilt by algorithm by ensuring human oversight in reviewing AI-generated alerts. Finally, work to audit AI systems regularly. You continuously review and refine AI tools to ensure they remain unbiased, effective, and compliant with developing laws and regulations.

Building Trust: An Ethical Framework for AI Monitoring 

Trust is the cornerstone of any compliance program, extending to AI monitoring tools. By embedding ethical considerations into AI deployment, compliance teams can build credibility while minimizing pushback from employees.

  1. Fairness. Ensure that AI models are free from biases that might disproportionately flag certain groups or individuals. For example, NLP tools should be tested to avoid language biases tied to gender, race, or cultural differences.
  2. Accountability. Establish clear lines of accountability for AI-generated insights. If an alert leads to an investigation, document how the decision was made and what steps were taken to ensure fairness.
  3. Proportionality. Use AI tools proportionately, focusing on high-risk areas rather than engaging in blanket surveillance. Tailored monitoring reduces privacy concerns and demonstrates good faith.
  4. Employee Education. Provide training sessions to help employees understand how AI monitoring works and benefits them by creating a safer, more ethical workplace.

Meeting DOJ Expectations with AI 

The DOJ’s 2024 Evaluation of Corporate Compliance Programs highlights data analytics’s importance in assessing behavioral risks. AI-powered employee monitoring aligns with these guidelines by enabling continuous monitoring, targeted interventions, and data-driven decision-making. AI provides real-time insights into employee behavior, ensuring that risks are identified and addressed promptly. AI helps compliance teams allocate resources effectively by focusing on specific risk areas. AI tools offer objective, actionable data to support compliance investigations and risk assessments. These are now standard DOJ expectations, and compliance teams should document their use of AI tools, including the rationale, implementation process, and outcomes. Regular reviews ensure these tools remain effective and compliant with legal standards.

AI as an Enabler, not a Replacement

AI’s potential to enhance compliance through employee behavioral analytics is immense, but always remember the human in the loop. AI allows organizations to detect risks proactively, respond swiftly to emerging issues, and foster a culture of accountability and integrity. However, AI is not a substitute for human judgment. It is a tool that supports, rather than replaces, the expertise of compliance professionals. By deploying AI thoughtfully and balancing innovation with ethical considerations, organizations can create a safer, more ethical workplace while meeting regulatory expectations. Compliance is not simply about rules but about building a culture where employees feel supported and empowered to do the right thing. AI can help us achieve this goal only if we use it responsibly.