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Adventures in Compliance

Adventures in Compliance – Culture Lessons in ‘The Adventure of the Three Garridebs’

In this new season of Adventures in Compliance, host Tom Fox takes a deep dive into the Sherlock Holmes collection The Case-Book of Sherlock Holmes by Arthur Conan Doyle. It is the final set of twelve Sherlock Holmes short stories by Arthur Conan Doyle, first published in the Strand Magazine between October 1921 and April 1927. In this episode, we consider perhaps my least favorite work of all the Holmes stories, The Adventure of the 3 Garridebs. In this story, we explore the adventure of the Three Garridebs to highlight the significance of critical ethical decision-making, transparency, and vigilance in building a resilient corporate culture. Holmes’ ability to cut through deception is a powerful example, emphasizing these principles’ vital role in maintaining integrity and trust within an organization. Listeners will learn how these cornerstones can be applied to foster a robust and compliant corporate environment.

Highlights include:

  • The Three Garridebs
  • Ethical lessons from the story
  • How Sherlock Holmes instructs corporate culture

Resources:

The New Annotated Sherlock Holmes

Sherlock Holmes FAQ by Dave Thompson

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.

For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox.

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Blog

AI in Compliance: Part 1, Use in a Best Practices Compliance Program

Leveraging advanced technologies like artificial intelligence (AI) is no longer a luxury; it is quickly becoming necessary. For compliance professionals, AI offers a transformative tool to enhance program efficiency, improve risk detection, and create a more resilient corporate compliance framework. Over the course of this week, we will explore how AI can elevate a compliance program to meet the DOJ’s 2024 Evaluation of Corporate Compliance Programs (2024 ECCP) standards and provide actionable insights for compliance professionals to consider.

Why AI Matters for Compliance 

AI’s value proposition lies in its ability to process vast amounts of data at scale, identify patterns that may be imperceptible to human analysis, and deliver predictive insights that help companies stay ahead of potential issues. In compliance, these capabilities translate into multiple enhancements and improvements for your compliance program.

  • Enhanced Risk Assessment and Management

AI-driven tools can analyze diverse datasets, transaction records, third-party due diligence files, and communications logs to identify high-risk behaviors or potential red flags. Machine learning models can adapt to new data inputs, refining their predictive accuracy.

  • Improved Monitoring and Auditing

Real-time monitoring systems powered by AI can flag anomalies as they occur, significantly reducing the time between risk emergence and remediation. For instance, detecting a pattern of irregular vendor payments could preempt a Foreign Corrupt Practices Act (FCPA) violation.

  • Streamlined Processes

Automating repetitive compliance tasks such as document review, policy distribution, or training reminders frees compliance professionals to focus on more strategic, high-value activities.

  • Data-Driven Decision-Making

AI tools offer dashboards and visualizations that present compliance data in an actionable format, enabling leadership to make informed decisions based on trends and insights rather than intuition.

AI Applications in a Best Practices Compliance Program

There are several areas where AI can drive value in compliance programs. (We will examine each application in depth over the rest of this week.)

  • Third-Party Risk Management

Third-party relationships are the perennial area of compliance risk. AI tools can screen and monitor third parties in real time by aggregating data from public records, news outlets, social media, and proprietary databases. Advanced models can assess the likelihood of misconduct based on historical behavior or regional risk factors, ensuring continuous evaluation rather than a one-time due diligence exercise.

  • Employee Behavior Analytics

AI can analyze employee communications for indicators of unethical behavior, such as conflicts of interest, fraud, or harassment. Natural language processing (NLP) models can identify sentiment and tone in emails or chats, flagging potentially concerning exchanges for further review. For instance, an uptick in discussions about side deals or special arrangements might warrant investigating contract negotiations or sales processes. Notably, such tools must be deployed with privacy considerations in mind to avoid overreach.

  • Policy and Training Effectiveness

AI can evaluate the effectiveness of compliance training programs by analyzing completion rates, quiz results, and behavioral data. For example, if employees who completed anti-bribery training still show compliance gaps, AI can recommend targeted remedial training or adjustments to the curriculum. AI-powered chatbots can serve as on-demand compliance advisors, providing employees instant guidance on policies or reporting mechanisms.

  • Predictive Analytics for Emerging Risks

Emerging risks, such as those tied to geopolitical shifts, new regulations, or technological advancements, can be challenging to anticipate. AI models trained on global datasets can identify trends that signal new risk areas. Analyzing changes in supply chain patterns might reveal vulnerabilities to sanctions or trade compliance issues.

  • Continuous Monitoring and Reporting

AI enables continuous monitoring of financial transactions, procurement processes, and operational activities. By setting customized thresholds, companies can use AI to flag activities outside acceptable parameters, triggering alerts for potential violations.

For reporting, AI can automate the generation of compliance dashboards tailored to various stakeholders, whether it be a Board of Directors, regulators, internal auditors, shareholders, or the growing number of other stakeholders for every corporation. All of these offer transparency and accountability across the organization.

Addressing Challenges and Limitations 

While AI offers significant potential, it is not a panacea. Compliance professionals must consider several challenges when implementing AI in their programs. Moreover, always remember the human in the loop part of every AI equation.

  • Data Quality (GIGO)

AI is only as good as the data it processes. Inaccurate, incomplete, or biased data can lead to flawed outcomes. Organizations should invest in data governance frameworks to ensure the integrity and reliability of input data. GIGO (Garbage In, Garbage Out) is just as relevant in 2024 as when I took my first computer course in college.

  • Ethical Concerns

AI tools must be deployed to respect employee privacy and adhere to applicable data protection laws. Overzealous surveillance could erode trust in the compliance function and run afoul of regulations like the GDPR or CCPA. GIGO also touches on ethical concerns: If you input biased data, the output will be equally biased.

  • Black-Box Decision-Making

AI models often operate as “black boxes,” making decisions based on complex algorithms that are difficult to explain. Compliance teams should prioritize transparency by using interpretable AI models and documenting decision-making processes. Regulators are moving to this position; every compliance professional should be moving toward this.

  • Integration with Existing Systems

Integrating AI with legacy systems can be a technical and logistical challenge. A phased approach, starting with pilot programs, can help organizations assess feasibility and scalability before full deployment. Start small and test, then move on and up.

Ensuring Alignment with DOJ Expectations 

The 2024 ECCP emphasizes the importance of continuous improvement, data-driven risk assessment, and a culture of accountability. AI aligns well with these priorities by enabling dynamic, responsive, transparent compliance processes. Compliance teams should use a variety of tactics to meet DOJ expectations while leveraging AI. The first is almost a compliance by-word: Document Document Document. You should maintain detailed records of how AI tools are used in the compliance program, including the rationale for their implementation and the results achieved.

Ongoing monitoring and reviews are critical to determine the effectiveness of AI-driven tools to ensure they align with compliance goals and adapt to evolving risks. As noted above, the Human in the Loop must always be considered as AI should augment, not replace, human judgment. Compliance officers should use AI insights as a starting point for investigation and decision-making rather than as the final word. Finally, all corporate stakeholders should be engaged through collaboration with IT, legal, and data privacy teams to ensure AI implementation adheres to corporate policies and legal requirements.

Building the Compliance Program of Tomorrow

AI represents a powerful opportunity to elevate compliance programs to new heights. By integrating AI thoughtfully and strategically, companies can not only meet regulatory expectations but also create a proactive, agile compliance function that is well-equipped for future challenges.

As compliance professionals, our role is to guide this transition responsibly. By combining the strengths of human expertise with AI’s analytical capabilities, we can build programs that are reactive, predictive, efficient, and transformative. The bottom line is that compliance is a business process, and AI is the next frontier in making that process both effective and sustainable. Compliance professionals should embrace this frontier with the diligence, creativity, and ethical commitment that define our profession.

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Compliance Tip of the Day

Compliance Tip of the Day – Boards and Digital Transformation of 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.

The Board can help lead the digital transformation of compliance.

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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Compliance Tip of the Day

Compliance Tip of the Day – Compliance Expertise on 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.

Just as ever corporate Board of Directors should have a Compliance Committee and a compliance expert on the Board.

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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Business Integrity Innovations

Business Integrity Innovations: The Commercial Approach to Anti-Corruption: Insights from Dr. Maximilian Burger-Scheidlin

Business Integrity Innovations is brought to you by the Center for International Private Enterprise (CIPE) and the Compliance Podcast Network (CPN). This podcast is inspired by Ethics 1st, a multi-stakeholder initiative led by CIPE that creates pathways for accountable and sustainable investment in Africa. Companies can use Ethics 1st to standardize their business practices, develop sound corporate governance systems, and demonstrate their commitment to compliance and business ethics.

In this insightful episode of Business Integrity Innovations, hosts Tom Fox and Michele Crymes invite Business Integrity Innovations: The Commercial Approach to Anti-Corruption: Insights from Dr. Max Burger-Scheidlin from ICC Austria to discuss innovative strategies in the anti-corruption sphere. Dr. Scheidlin shares his journey from a lawyer engaged in corrupt practices to an advocate for business integrity. He narrates a compelling story of a Sudanese businessman who made profits without indulging in bribery by investing in after-sales service instead. This approach ultimately proved more profitable and sustainable than corrupt alternatives.

Dr. Scheidlin emphasizes the importance of mindset change and a commercial approach to anti-corruption, especially in high-risk countries where legal compliance alone is insufficient. He argues that fostering long-term egoism by showcasing the profitability of non-corrupt practices can significantly reduce corruption. The episode delves into anti-corruption’s macro and micro impacts, illustrating the economic benefits of integrity in business. The conversation concludes with practical advice for companies looking to implement anti-corruption measures and an invitation to visit ICC Austria’s website for more resources.

Key highlights:

  • The Sudanese Businessman and the Wake-Up Call
  • ICC Austria’s Mission and Role
  • Tools and Strategies for Anti-Corruption
  • Commercial vs. Legal Approach to Compliance
  • The Commercial Approach to Anti-Corruption
  • Macro and Micro Examples of Corruption Impact
  • Future of Anti-Corruption Efforts

Resources:

ICC Austria

ICC LinkedIn

CIPE

CIPE

Ethics 1st

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Daily Compliance News

Daily Compliance News: December 5, 2024 – The CTA Enjoined 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.

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

Reimagining Compliance as a Product

In the modern corporate environment, compliance must transcend its traditional role as a set of rules and regulations. Instead, it should be reimagined as a product—something employees actively choose to engage with daily. Inspired by product design principles, this approach positions compliance as a value-driven offering that meets employee needs while supporting organizational integrity.

In an HBR article entitled Reimaging Work as a Product, authors Eric Anicich and Dart Lindsley ask if there is a better way to approach the employee experience. The authors challenge traditional paradigms by proposing that work be viewed as a product employers offer employees. They advocate that reimagining work as a product addresses the disengagement and dissatisfaction rampant in the workforce and aligns employees’ needs with organizational goals. I have adapted their piece for a compliance audience.

This concept is about something other than making compliance easier. Instead, it is about making it indispensable and aligned with employee motivations. By redesigning compliance as a product employees “purchase” with their engagement, compliance professionals can enhance participation, foster a culture of ethics, and drive long-term success.

It all begins with why compliance must be seen as a product to be delivered inside an organization. Compliance often needs help to capture employee attention. Mandated training modules and periodic policy updates can feel disconnected from day-to-day work. Employees may view compliance as a checkbox task rather than a meaningful element of their roles. Yet, disengaged employees pose significant risks, from regulatory violations to ethical breaches.

Reimagining compliance as a product addresses these challenges. Like any successful product, compliance should do such things as (1) solve employee pain points, (2) offer clear and personalized value, and (3) foster ongoing loyalty and engagement. How can compliance move to this approach or at least be seen?

The Product Design Approach to Compliance

  • Understanding Why Employees “Hire” Compliance.

Drawing on Clayton Christensen’s Jobs to be Done theory, employees engage with compliance to fulfill specific personal, professional, or organizational needs. Some examples of compliance jobs are reducing risk for a corporation and its employees, as everyone wants protection from liability or disciplinary action. Compliance enables growth and profitability, as more effective compliance = more efficient business process = greater profitability. Finally, compliance aligns with the values of almost all employees, as they want a workplace that mirrors their ethics.

This approach has another benefit for the compliance function. It requires an assessment of your organization from a cultural perspective. In the 2024 ECCP, the DOJ made clear that companies must use data to help manage their corporate culture. The information gleaned will also help the corporate compliance professional understand what the employees want and need from a compliance solution. You can use these insights to craft messaging that positions compliance as a solution to their unique challenges.

  • Segmenting Compliance Customers

Not all employees interact with compliance in the same way. Tailoring the compliance product to different groups ensures it resonates broadly. Just as the DOJ mandates tailored training and communications, you can tailor the delivery of compliance solutions for your employees. This can include using the Customer Segments in your organization, such as new employees, who will need a greater foundational understanding of policies and reporting channels. For managers, it could require advanced training on fostering ethical cultures, monitoring compliance, and learning how to the first intake in a speak-up culture. Finally, there will be employees in your organization who, because of their specialized roles, will require targeted knowledge, such as export controls for logistics teams or anti-bribery rules for sales.

The compliance professional can work to create tiered compliance offerings. For instance, beginner courses for new hires, role-specific modules for specialists, and leadership workshops for managers. This is also true for the targeted communications you use on a more regular basis for employees. For instance, more communications on facility payments could be a useful service for employees who travel internationally.

  • Balancing Employee Needs with Compliance Requirements

While compliance professionals must meet regulatory demands, they can still design programs that respect employee time and preferences. There are some easy ways for a compliance professional to not only think about this step but also act on it. You can consider the modular design of your compliance training by breaking it into smaller, digestible segments that employees can complete at their convenience. Interaction can also drive engagement, so consider using interactive formats such as gamification, simulations, or role-playing to make compliance training engaging and memorable.

Your first step should be to use analytics to identify bottlenecks in compliance processes. If employees find certain tasks burdensome, redesign them with user-friendly tools or workflows. From there, take the information and craft a solution that meets the users’ needs, not just those from the compliance department. As Carsten Tams continually reminds us, it’s all about the UX.

Measuring the “Success” of Compliance as a Product

Successful products are evaluated by customer satisfaction and retention. Similarly, compliance success should be measured by how effectively it engages employees and fosters a culture of ethics. As Megan Daugherty also reminds us, it is about the numbers. So, what are your metrics for compliance engagement? What are your adoption rates? How many employees complete optional compliance training or use reporting tools? Equally important are your retention rates. You must determine if your company’s employees consistently follow compliance protocols. Finally, go outside the box with something like the Net Promoter Score (NPS), which helps you determine how likely employees are to recommend their company’s compliance program to peers.

There are multiple tools you can use for feedback. You can use a Pulse Survey, which gauges employee perceptions of compliance processes. You can use Focus Groups to explore pain points and opportunities for improvement in depth. You can use behavioral data garnered through monitoring adherence to compliance requirements through key performance indicators (KPIs). Finally, tools such as the Culture Audit can provide both a benchmark and framework to help compliance professionals understand the state of their culture and how to assess and improve it.

Addressing Challenges in Compliance Product Design

There will be challenges in taking this approach. Some key (and early) challenges will include overcoming resistance, particularly from employees who view compliance simply as an obligatory burden. Yet framing compliance as a resource, not a restriction, highlights how it protects employees, supports their career goals, and aligns with organizational values. Another employee concern could be balancing personalization with fairness, as some employees might view personalized compliance experiences as creating perceptions of favoritism. The solution should be to set clear criteria for personalization, such as role-specific training requirements, and communicate them transparently to avoid misunderstandings.

Finally, the biggest challenge will be to change the Tone at the Top by shifting your senior leadership’s mindsets. Typically, senior management prioritizes short-term goals over longer-term compliance initiatives. Here, you can quantify the value of compliance. For example, demonstrate how ethical lapses affect revenue, reputation, and employee retention to gain leadership buy-in.

Practical Steps for Redesigning Compliance as a Product

You should begin mapping the compliance journey by identifying key touchpoints, such as onboarding, annual training, and reporting. From there, look for pain points where employees disengage and redesign those interactions. Feedback loops can be useful to share survey results with employees to show that their input shapes compliance initiatives. Compliance Champions can work to empower managers and ethical leaders to advocate for compliance within their teams. Always remember to celebrate employees who model ethical behavior as brand ambassadors for compliance. Finally, in 2024, leverage technology by implementing AI-driven dashboards to monitor real-time compliance risks and engagement. Another key tool is chatbots, which provide instant answers to employee compliance queries.

Building a Compliance Product Employees Choose Daily

Reimagining compliance as a product transforms it from a mandate into a partnership. Compliance can become a trusted ally in the workplace by delivering value, fostering engagement, and respecting employee needs. This approach not only enhances compliance outcomes but also strengthens the ethical fabric of the organization. So, as Carsten Tams says, It’s all about the UX: are you treating compliance as a product employees want to engage with? The time has come to innovate compliance for the modern workplace, making it a cornerstone of trust, integrity, and success. Work to build a compliance program employees want to subscribe to every day.

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Compliance Tip of the Day

Compliance Tip of the Day – Board Compliance Committee

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.

Every corporate Board of Directors should have a Compliance Committee.

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.

Categories
Compliance Into the Weeds

Compliance into the Weeds: DOGE and Compliance

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, Tom Fox and Matt Kelly dive into the Trump Administration’s DOGE initiatives and what it might mean for compliance.

Tom and Matt discuss the implications of Elon Musk and Vivek Ramaswamy’s Department of Government Efficiency Committee (DOGE), which aims to downsize the federal government drastically. They explore the potential consequences of cutting half of all regulations and federal employees, particularly on compliance officers and corporate risk management. The conversation highlights how the reduction or abolition of federal regulations would affect various sectors, including the military, social security, and essential services, and delves into the challenges this proposal poses for compliance programs within businesses. They also consider possible outcomes such as increased state-level regulations, civil litigation, and the chaos and uncertainty that might follow. Finally, they discuss how companies should prepare for an inconsistent and unpredictable regulatory environment under a Trump administration.

Key highlights:

  • DOGE and Government Restructuring
  • Implications for Compliance Officers
  • Challenges of Cutting Regulations and Staff
  • Potential Consequences of Reduced Regulations and Non-Enforcement
  • Compliance Embedded in Business Practices
  • State-Level Regulation and Emerging Risks

Resources:

Matt in Radical Compliance

Tom

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Great Women in Compliance

Great Women in Compliance – Neta Meidav on Bridging the Trust Gap

In this week’s episode, Hemma visits Neta Meidav to discuss bridging the trust gap with innovative technology and the power of women entrepreneurs in the ethics and compliance space. Neta is a visionary entrepreneur and CEO co-founder of Vault Platform, an impact-driven company disrupting outdated workplace misconduct reporting and resolution models.

Highlights include: 

  • Bridging the trust gap by focusing on the employee experience
  • Building impact and values into the DNA of a product
  • How to proactively prevent and detect misconduct using AI and disruptive technologies
  • The role of women founders and entrepreneurs in ethics and compliance
  • The release of #ethicschat by Vault – revolutionizing compliance knowledge management 

Biography:

Neta is the Founder and CEO of Vault Platform. She founded Vault to modernize ethics and compliance and create more equitable, safe, and ethical workplaces worldwide. Neta was recently named one of Inc. Magazine’s Female Founders 200.

Before founding Vault, Neta worked for over a decade in the UK Government as a climate change negotiator and participated in the Paris Climate Agreement. Alongside leading Vault, Neta is on a mission to promote female founders in tech and spends time coaching and helping her fellow female founders who are earlier on their journey.

Resources:

www.vaultplatform.com

Press Release on the launch of #ethicschat by Vault 

Thanks to our sponsor, Corporate Compliance Insights, and the wonderful #GWIC community.  You can join the Great Women in Compliance community on LinkedIn here.