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Daily Compliance News

Daily Compliance News: March 21, 2024 – The Off Channel Communications 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:

  • More CFTC fines for messaging app violations. (WSJ)
  • $12 bank fraud in Vietnam. (FT)
  • Money laundering of $6.3bn fraud in UK.  (AML Intelligence)
  • Will the Supreme Court legalize bribery? (The Lever)

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 Into the Weeds

Compliance into The Weeds: Down The Rabbit Hole on SEC Enforcement Waivers

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 more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt go down a rabbit hole regarding the SEC waiving penalties for messaging app violations.

The Securities and Exchange Commission (SEC) has been making headlines for its crackdown on broker dealers who violate record-keeping rules by using off-channel messaging apps like WhatsApp or Snapchat. This has led to hefty fines, yet the SEC has been granting waivers to these same firms, allowing them to continue operating in the securities world. This paradoxical approach has raised eyebrows, including those of Tom Fox and Matt Kelly. Fox finds the SEC’s actions both curious and concerning. He believes that if a waiver program exists, it should be publicly announced and the reasons for granting waivers should be transparent to ensure appropriate scrutiny. Kelly, on the other hand, expresses surprise and disappointment at the lack of transparency from the SEC, suggesting that the waiver program and its reasons should be made clear to the public. Find out more in this fascinating edition of Compliance into the Weeds.

Key Highlights:

  • SEC Sanctions for Off-Channel Messaging Violations
  • SEC Enforcement and Waivers for Internal Violations
  • Cracking down on Off Channel Communications
  • The Need for Public Announcements in SEC Enforcement

Resources:

Matt on Radical Compliance

 Tom 

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 3 – 2023 Evaluation of Compliance Programs: Messaging Apps, Internal Controls and Adequate Compensation

Messaging Apps

There was a significant addition to the language around messaging apps. The ECCP opened this section by noting, “Messaging applications have become ubiquitous in many markets and offer important platforms for companies to achieve growth and facilitate communication.” For any company under investigation or in a FCPA enforcement action, the DOJ will evaluate its “policies and mechanisms for identifying, reporting, investigating, and remediating potential misconduct and violations of law governing the use of personal devices, communications platforms, and messaging applications, including ephemeral messaging applications.”

Internal Compliance Controls

Under Section II, entitled Is the Corporation’s Compliance Program Adequately Resourced and Empowered to Function Effectively?  We find the new language, “In this regard, prosecutors should evaluate a corporation’s method for assessing and addressing applicable risks and designing appropriate controls to manage these risks.” This simple sentence packs quite a punch as it requires both appropriate internal compliance controls and then monitoring of those controls to see if they are managing the risks identified in the risk assessment.

Adequate Compensation and Salary/Bonus Review for Compliance

Under Section III, there is a significant new addition to the ECCP. It forces a company to adequately compensate those employees who investigate and pass judgment on misconduct. But it is more than simply adequate compensation, as it also requires a company not to retaliate via low salaries, limited raises, or other compensation for doing their jobs as compliance officers. In other words, if the CEO is being investigated by compliance, that same CEO should not be setting or reviewing the salary of the CCO or those doing the investigation. This mandates that the DOJ review the entire corporate organization on these issues.

Three key takeaways:

1. Communications compliance will be a key issue for compliance professionals going forward in 2024.

2. You must have both appropriate internal controls and ensure they are functioning.

3. In addition to adequate resources, a compliance function must be shown to adequately pay, promote, and protect those involved in compliance investigations.

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Compliance Into the Weeds

Compliance into the Weeds: Messaging App Enforcement and Internal Controls

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. Looking for some hard-hitting insights on sanctions compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt consider the recent SEC and CFTC enforcement actions around messaging app non-compliance.

Join Tom and Matt as they take a deep dive into the enforcement actions and then consider how such claims would impact non-regulated industries. Regulated industries, particularly broker-dealer firms like Wells Fargo and Morgan Stanley, are facing enforcement actions and hefty fines for their employees’ use of messaging apps like WhatsApp and Snapchat that allow record preservation to be disabled. The involvement of senior managers in these misconducts has prompted the SEC to require an independent compliance consultant in settlements.

The conversation between Tom and Matt emphasizes the importance of messaging policies and procedures in regulated industries and the need for stricter compliance measures. They also discuss the complexities and potential consequences of record-keeping obligations and the regulatory concerns over the use of messaging apps. The conversation briefly touches on the future of AI chatbots in customer service, with differing perspectives on their ethical implications. Overall, the conversation highlights the significance of messaging policies, enforcement, and compliance in regulated industries.

Key Highlights

·      Enforcement Actions Against Regulated Industries

·      Enforcement actions and messaging policies

·      Record-keeping obligations for broker dealers and other industries

·      Regulatory concerns over the use of messaging apps

·      Internal Controls and non-regulated industries

 Resources

Matt 

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Blog Post in Radical Compliance

No Smoke and No Fire: The Rise of Internal Controls Absent Anti-Bribery Violations in FCPA Enforcement by Karen Woody in Cardoza Law Review

Tom 

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Daily Compliance News

Daily Compliance News: August 9, 2023 – The $555MM Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to 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.

  • Federal judge says we need world ABC court. (WaPo)
  • Zoom and AI training. (BBC)
  • Judge order SW Airline lawyers to take religious training. (Reuters)
  • More messaging app non-compliance fines. (WSJ)
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Daily Compliance News

Daily Compliance News: July 31, 2023 – The Clear or PreCheck Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to 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.

  • BNP Paribas to settle instant messaging allegations. (WSJ)
  • Vietnam has mass bribery and corruption roundup. (AlJazeera)
  • Clear v. PreCheck. (WaPo)
  • Top Gun CEOs. (NYT)
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Innovation in Compliance

Messaging Compliance in a Shifting Regulatory Landscape: Part 5 – Stay Ahead of Regulations

Is messaging compliance giving your compliance function headaches? Welcome to a special 5 part podcast post series, messaging compliance in a shifting regulatory landscape, sponsored by Global Relay. Over this series, I will visit with Chip Jones, Executive Vice President – Compliance at Global Relay; Alex Viall, Chief Strategy Officer at Global Relay; Rob Mason, Director, Regulatory Intelligence at Global Relay; Jennifer Clarke, Head of Content at Global Relay; and Raewyn Danvers, Sales Manager, Unified Communications. Over this series, we will consider the US and UK regulatory framework for messaging apps, consider if business innovation is being stifled by regulatory action, preview the Global Relay Report: Compliant Communications in 2023, and look down the road on how to stay Ahead of regulation with the compliant communications in one app.

In our concluding Part 5, I visit with Raewyn Danvers, Sales Manager, Unified Communications at Global Relay, and discuss how compliance professionals can stay ahead of regulatory compliance technology trends. In our conversation, Raewyn highlights the growing significance of mobile messaging in compliance, especially with millennials and Gen Z entering the workforce. We also discuss the pros and cons of using corporate devices versus bring your device (BYOD) policies in the workplace before introducing Global Relay as a solution for managing and archiving communication data compliantly. As a long-term partner in compliance, Global Relay offers dedicated onboarding specialists and account representatives to ensure customers stay on top of the latest technology trends. Are you interested in learning more? Check out Global Relay’s website for a demo today!

Key Highlights:

  • Trends in Mobile Messaging Compliance Technology
  • Adapting to Technology for Workforce Retention
  • Corporate Devices v. BYOD
  • Global Relay’s Technology Integration and Data Management

For more information go to Global Relay.

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From the Editor's Desk

From the Editor’s Desk – June and July, 2023 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 top compliance stories upcoming for the next month, talk some sports, and generally try to solve the world’s problems.

Tom Fox and Kyle Brasseur are back. In this edition, they discuss the recently concluded Compliance Week 2023, with Artificial Intelligence and off-channel communications being two of the top compliance issues. The CW ESG Virtual Conference is becoming an annual event and is set for September. Finally, they consider whether Congress will take action on data privacy due to the patchwork of state laws.

In their Sports section, they consider if the Warriors’ move was a gamble, and if Chris Paul can adjust to his new role, he could help the Warriors get back to the top. Denver is also a challenge in the Western Conference, having won the series against the Miami Heat in five games, three of which were won by double digits.

 Highlights Include:

  • Women of Compliance
  • Compliance Week 2023 Wrap Up
  • Compliance Week Conference in Atlanta
  • Chris Paul Trade
  • Marcus Smart Trade
  • NBA Finals Analysis

Resources:

Kyle Brasseur on LinkedIn

Compliance Week

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Blog

Messaging Compliance in a Shifting Regulatory Landscape: Part 4- Compliance Communications in 2023

Are you ready to learn how to implement electronic communications capture and supervision in your firm for better compliance and prevention of regulatory violations? Is messaging compliance giving your compliance function headaches. Welcome to a special 5 part blog post series on messaging compliance in a shifting regulatory landscape, sponsored by Global Relay. For this Part 5, I visited with Jennie Clark about the recently released Global Relay report, Compliant Communications in 2023.

With the report indicating that 59% of respondents have banned messaging applications such as WhatsApp and WeChat, it’s evident that businesses need to find better solutions. There is significant challenge of senior managers’ compliance and the need for regulators to apply more accountability to individuals. What are the key challenges for compliance professionals?

As regulatory agencies across the globe continue to crack down on non-compliant firms, the role of UK regulators cannot be understated. UK regulators have joined forces with their US counterparts, ensuring that businesses adhere to the required compliance standards.  Jennie Clark mentioned the recent events surrounding regulatory fines and penalties, where total fines issued within a month exceeded $2 billion. She noted that UK regulators’ active involvement in addressing non-compliance is indicative of the importance of understanding and adjusting to these shifting regulatory landscapes.

Navigating modern communication channels presents numerous compliance challenges. These include managing communications across various messaging applications while avoiding the risks of non-compliant information exchange. In turn, compliance officers are responsible for ensuring businesses remain within regulatory requirements to avoid costly penalties.  The report found the ongoing struggle businesses face in terms of addressing their compliance concerns.

As a compliance officer, ensuring that your organization’s messaging apps are in line with industry regulations is vital to your professional success and your company’s reputation. In this blog, we discuss the importance of evaluating current compliance practices, developing targeted educational programs, implementing corporate phone policies, and staying updated on regulatory changes. By following these steps, you can confidently navigate the complexities of messaging apps compliance and maintain a compliant and efficient communication environment. Listen to our podcast to gain expert insights and practical tips for overcoming these challenges.

Here are the key steps:

  • Evaluate current messaging app compliance practices
  • Develop targeted educational programs for staff
  • Consider adopting advanced technology solutions

1. Evaluate current messaging app compliance practices.

As the digital landscape continues to evolve, compliance officers are faced with the challenge of managing messaging apps in a way that adheres to regulatory guidelines. One critical step in this process is to evaluate the current messaging app compliance practices to find areas for improvement. With the rise of platforms like WhatsApp, WeChat, and other messaging applications, businesses have struggled to find the appropriate balance between enabling effective communication and ensuring compliance. By thoroughly assessing current practices, organizations can determine which applications should be allowed, and how to monitor the content exchanged through these platforms.

With a majority of the respondents stating that they have prohibited the use of WhatsApp, WeChat, and other messaging applications in their organizations, it is apparent that establishing a compliant communication process is of utmost importance. Jeannie also emphasized the need for educating employees on the consequences of non-compliance and recognizing the benefits of adopting technological solutions and corporate phone policies as alternatives.  The significance of this key step in evaluating messaging app compliance practices cannot be overstated. As regulatory fines and penalties continue to increase, it is essential for organizations to prioritize compliance and avoid financial setbacks. Beyond financial consequences, ensuring compliant communication channels also safeguards an organization’s reputation, while fostering trust with regulatory bodies. Moreover, understanding the urgency of this issue and adapting accordingly enables businesses to make the best use of available opportunities.

 2. Develop targeted educational programs for staff.

To tackle this challenge, it is essential for businesses to develop targeted educational programs for staff members, ensuring that they are well-versed with the rules and guidelines pertaining to each messaging platform being used within the organization. A structured approach to educating employees can not only mitigate the risks associated with non-compliant messaging but also foster a culture of accountability throughout the company.  The report noted the significance of contextualizing the consequences of non-compliance with communication channels. This calls for tailored training sessions that address the specific challenges faced by employees using different messaging apps, and the potential ramifications of non-compliant communication on the firm’s overall reputation and regulatory standing.

By leveraging real-world scenarios and relatable examples, businesses can educate their staff in a more engaging and effective manner, ensuring that they not only understand the rules but also the underlying reasons for their existence.  The importance of targeted educational programs for staff members cannot be overstated in the current regulatory environment that sees businesses grappling with unprecedented levels of scrutiny and enforcement actions. It is crucial for companies to invest in proactive measures aimed at reducing the likelihood of non-compliant communications. Implementing educational programs and raising awareness among employees is a key step that not only empowers them with the necessary knowledge but also underscores the organization’s commitment to upholding compliance standards. By doing so, businesses can minimize potential risks, safeguard their reputation and ultimately, create a robust foundation for long-term success in an increasingly regulated world.

 3. Consider adopting advanced technology solutions.

Managing compliance in the rapidly changing world of communication platforms can be challenging, especially for companies that rely on popular messaging apps for business communications. Industry experts increasingly recommend adopting advanced technology solutions to help address these challenges. Implementing the latest technological tools in the compliance process can provide businesses with greater control and oversight of their communications while helping prevent non-compliant behavior and fostering a culture of accountability and transparency.

Advanced technology solutions could be leveraged to streamline the compliance process. The deploying robust tools and systems that can effectively manage and monitor the myriad of communication platforms employees use in their day-to-day work is critical. This may include utilizing cutting-edge technology such as AI-driven monitoring, advanced search capabilities, and data analysis to identify and mitigate potential compliance risks. By embracing these advanced solutions, compliance officers can focus on more strategic tasks while ensuring their organization stays compliant with the latest regulatory requirements and industry best practices.

The key step of considering and adopting advanced technology solutions cannot be overstated for compliance officers seeking to manage messaging app compliance. Modern technology has the potential to dramatically enhance a compliance officer’s ability to monitor communications, automate routine tasks, and identify potential concerns. Not only does this result in increased efficiency and effectiveness of compliance programs, but it also helps reduce the likelihood of costly fines and penalties due to non-compliant communications. As the landscape of communication platforms continues to evolve, companies that stay on top of emerging technology trends and harness the power of advanced tools will be better positioned to navigate the complexities of compliant communications and maintain a proactive approach to regulatory compliance.

In today’s fast-paced business environment, staying on top of messaging app compliance is crucial for compliance officers, as this can help them overcome the challenges they face daily. By evaluating their current practices, developing educational programs for staff, adopting advanced technology solutions, implementing corporate phone policies, and monitoring regulatory updates, they can effectively maintain a compliant communication system. So, take these steps to heart and embrace the opportunities they present in ensuring a more secure and compliant future for your organization.

To obtain a copy of the Insights Report, Compliance Communications 2023, click here.

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Innovation in Compliance

Messaging Compliance in a Shifting Regulatory Landscape: Part 4 – Global Relay Industry Insights Report

Is messaging compliance giving your compliance function headaches? Welcome to a special 5 part podcast post series, messaging compliance in a shifting regulatory landscape, sponsored by Global Relay. Over this series, I will visit with Chip Jones, Executive Vice President – Compliance at Global Relay; Alex Viall, Chief Strategy Officer at Global Relay; Rob Mason, Director, Regulatory Intelligence at Global Relay; Jennifer Clarke, Head of Content at Global Relay; and Raewyn Danvers, Sales Manager, Unified Communications. Over this series, we will consider the US and UK regulatory framework for messaging apps, consider if business innovation is being stifled by regulatory action, preview the Global Relay Report: Compliant Communications in 2023, and look down the road on how to stay Ahead of regulation with the compliant communications in one app.

In this Part 4, I visit with Jennifer Clarke, Head of Content at Global Relay, on the recently released Global Relay Report: Compliant Communications in 2023 and the fines faced by companies. Discover how they gathered information from customers and industry experts to contextualize these findings. Find out why 59% of respondents from regulated industries, mainly financial services, have banned apps such as WhatsApp and WeChat. Explore the more creative solutions discussed in the report, including the idea of corporate-issued devices rather than BYOD. Gain insights into communication compliance challenges and how education and training around compliance culture can help employees understand the consequences of non-compliance. Take advantage of this insightful conversation on Global Relay Industry Insights Report.

Key Highlights:

  • Global Relay’s “Compliance Communications 2023” Report
  • Regulating Communication Channels in Businesses
  • Communication Compliance Challenges and Business Opportunities

For more information, go to Global Relay.

Click here to obtain a copy of the Insights Report, Compliance Communications 2023.

Join us in our concluding episode, which discusses Compliant Communications in One App.