Showing posts with label compliance. Show all posts
Showing posts with label compliance. Show all posts

Wednesday, May 4, 2016

Third party management


Introduction

In favor of focusing and specializing on core competencies, most businesses nowadays are increasingly and heavily relying on third parties to support their businesses by outsourcing great amount of their activities such as IT support, software development, data hosting, physical security, cleaning services, heating and air conditioning, and thus subcontracting with external suppliers and service providers which are estimably responsible for driving around two-thirds of total revenue and often offer better services at low-costs. This tendency is generating numerous critical business partnerships and requires adequate control and oversight.

Third party management is the process of monitoring and managing business collaboration with external parties such as vendors, manufacturers, suppliers, partners, distributors, resellers, cleaning and security services, etc. the process is established by managing information, measuring performance, assessing risks, binding to contractual agreements and compiling to regulations.

Third party related risks

Studies revealed that the majority of recent security breaches occur as a result of third parties. Indeed, when organizations rely on third parties, their exposure to risk enlarges. If for instance a trusted vendor has deployed but poorly maintained an anti-malware software, it might end up in a massive cyber-attacks as his network gets compromised. A non-critical but trusted service provider such as an air conditioning contractor who is insecurely connected to the organization’s internal network for data synchronization or billing purposes should be then considered a high risk source. If an organization outsources the software development to a third party, he by then raises a significant risk if he closes down while the organization do not have the appropriate talent, documentation, tools or the source code itself to carry on the development and support activities.

The role or size of the third party is not as important as the nature of the relationship, the criticality of its activities, the level of access to sensitive data or property, and the organization’s liability for inappropriate behavior of its third parties. A cleaning company with access to a director's office represents a different but still significant risk relative to a supplier who provides a critical component to the production line.

When transferring operations and assets to third parties whom should be better in performance using adequate expertise and resources, businesses still assume the responsibility if any risks were to occur, combined from the likelihood of harmful events occurring and the consequence of harm, as risks remain relevant despite the fact that these operations and assets are out of the organization’s direct oversight which makes a higher burden for them to manage.

Third party risk management

Studies revealed that organizations tend to forget contracts once they’re signed, only 20% of organizations are actually including their third parties in their assessment scope.

Managing third parties is often challenging, complex and hard thus poorly addressed in most organizations, some related challenges are listed below
  • Responsibility for risk - it’s frequently unclean within organizations who is, and how they’re managing the individual or the overall third party relationships;
  • Reactive handling of risk - unless a critical issues surface and associated risks arise, organizations tend to ignore addressing third party risks;
  • Ignorance of risk factors - organization tend to prioritize third parties based on quality, cost and delivery time, assessing and managing related potential impacts and risks are often forgotten or ignored;
  • Integrity risk - if’s often hard to assure the transparency and honesty of third parties, any provided data are questionable in term of accuracy and completeness;
  • Contractual terms - contract terms are often underestimated, important factors such as right to audit, pricing changes due to taxes or discounts, timing, consequences of short and long term contracts are often ignored. Organizations lean toward standard and outdated outsourcing contract templates which do not cover recent business landscape changes and emerging technologies.
In assessing third parties, risk practitioners should consider wide range of potential risks, these risks can be grouped into the following categories
  • Financial risks - such as changes in currency rate, loss of product value, losses in market share;
  • Information risks - such as data breaches, data disclosure, data unavailability, data loss, data destruction, unauthorized access;
  • Integrity risks - such as fraud, conflicts of interest, damage of reputation;
  • Compliance risks – such as non-compliance to regulations, operating without licenses;
  • Operational risks - such as systems failures, supply chain disruptions, employees’ skills, employee’s turnover;
  • Strategic risks - such as poor business decisions, inadequate resource allocation, industry recession;
  • Technology risks - such as changing business landscape; outdated hardware, software malfunction, malware infection, denial of service, email phishing, human errors.
To overcome such threats and risks, risk practitioner should make sure to cover aspects such as
  • Outsourcing process - inventory, prioritization and selection of third parties, oversight activities, performance measurement, communication channels;
  • Business management - leadership, liability, trust, transparency, processes efficiency;
  • Information security - complying to security requirements, implementation of security controls, planning business continuity and disaster recovery, protection of intellectual property, adherence to a non-disclosure agreement (NDA);
  • Risk inventory - knowledge of exposed threats, inherent vulnerabilities, potential adverse impacts, and supposed risk scenarios
  • Contractual agreement - conforming to service-level agreement (SLA), enforcement of contract terms, constant contracts revision;
  • Regulatory compliance - conformance to relevant regulations, adoption of best practices; 
  • Assessment and auditing - right to audit, periodic risk assessments, internal auditing;
  • Ongoing monitoring - internal controls monitoring, independent and on-site reviews, reporting non-compliance.

Conclusion

In today’s world, doing business means relying on some third parties which exposes the business to significant risks. Hence, businesses should have a clear understanding of the inherent risks in their relationship with third parties. As risks continue to rise due to emerging technologies and market trends; organizations should not only establish comprehensive contractual agreements with third parties which is a step in the right direction but improve and strengthen their relationship and emphasize proactive third party risk management and make it one of main organization's goals and objectives.

Saturday, April 30, 2016

Regulatory compliance

Introduction

Regulatory compliance is the process of ensuring that organizations are aware of, follow and conform with certain laws, regulations and rules (e.g. policies, standards, guidelines, code of conduct, requirements, specifications etc.), those rules can be internal and made by the organization itself, or enforced by external bodies or factors such as governments, legislators, regulators, market, industry, environment, etc.

Thus, organizations are required to identify and comprehend the applicable regulations to comply with, and the risks associated to these requirements which varies by nature (i.e. public, private, non-profit), size and type of industry it which it operate.

Compliance landscape

There are numerous regulations out there, some of them are generic and others apply to specific industries (i.e. banking, retail, manufacturing, healthcare). The intent of most of these regulations is protecting the confidentiality, integrity and availability of information that effects the organizations' stakeholders (e.g. regulators, owners, employees, suppliers, customers, partners, etc.) as well as protecting intellectual properties, fighting fraudulent activities such as corruption, bribery and money laundering. Below a list of some broadly applicable laws and regulations
Regulations are continually increasing in number, evolving and more rules are coming into practice due to wide range of factors such as the economic recession, financial and European debt crisis, cybersecurity threats, privacy and data security breaches, emerging technologies, globalization, climate change and human rights, etc.


Compliance challenges

Organizations are adopting new business models (e.g. IoT, BYOD, social media, big data and cloud computing, etc.), these models changed the business landscape and represented real challenges for organizations to acquire, embrace and comply in the same time with regulations which are increasingly out of date and have not kept pace with these recent technology trends.

In addition to the necessity of investing and allocating significant resources (e.g. talent, budget, training, tools) for compliance related activities; organizations face several challenges in understanding and conforming to regulations which are most likely generic, hard to interpret, and sometimes contradict with each other. This is without mentioning the challenges for international organizations in complying simultaneously to various regional and local regulations which differ from one country to another.

Regulatory compliance enforces organizations to apply a wide range of practices while addressing compliance issues such as introducing transparency, protecting sensitive data, retaining records, providing detailed reporting, employee training and awareness, assessing and treating risks, establishing, implementing and measuring controls, monitoring activities, enhancing communications and ensuring continual improvements.


Compliance risk management is part of the GRC umbrella (Governance, Risk management and Compliance) which overlaps in various business disciplines such as incident management, internal auditing, risk assessment, and compliance with regulations.

Compliance is also about providing and reporting back to regulators - in a timely manner -  that relevant requirements are effectively in place and operational, as failing to do so considered a non-compliance which exposes the organization to a compliance risk by triggering fines and losses.


Failing to comply or violating appropriate regulations leads often to penalties such as payments for damages, fines and voided contracts, which can result also in damaging the reputation, withdrawing the operating licenses, declining in market share and inability to pursue future business opportunities.

Nevertheless, exceptions can be made when organizations decide not to obey nor comply to certain requirements and agree to pay relevant fines, such decision can be taken to avoid implementing ineffective or costly controls which outrun organizations' capacity and hold them from creating value and achieving their strategic objectives, such decision generates a non-compliance and requires top management recognition and 
approval with appropriate justification and documentation.

Compliance benifits

On top of the implicit challenges in conforming to regulations; compliance brings several underlining opportunities to improve organizations, create value to stakeholders while assuring compliance and gain competitive advantages by adopting best practices, better restructuring, embracing ethics and culture, training employees, increasing performance, improving measurements, managing risks, enforcing controls, prioritizing tasks, enhancing quality, optimizing resources and omitting ineffective practices.

Below some known frameworks, standards and best practices that help organizations in complying with mandatory regulations

Organizations are nowadays gradually embracing the use of holistic frameworks, methodologies and controls which ensures overall and simultaneous coverage of various regulatory requirements without the need to individually address each requirement all-alone. Thus reduces the efforts and optimizes the resources.

International organizations which are subject to multiple national regulations should develop holistic approaches in response to the commonly and mandatory regulations in addition to particular supplements (e.g. on country-to-country basis) suitable to address regional specifics and local issues.



Conclusion

Organizations should be aware and willing to comply to relevant regulations and adopt suitable practices in order to maintain associated risks, ensure sustainability, improve their lines of defense, gain value and competitive edge while addressing regulatory compliance.

While regulations continuously emerge and try to adapt and keep up with changing business landscape requirements, it is essential for organizations to embrace the culture of compliance. Internal auditors and risk managers should be familiar with the compliance universe and the culture of their organizations and assist them in providing assurance to mitigate compliance risks.