In a general company context, the Compliance and Corporate Governance Department is the backbone for maintaining regulatory compliance and ensuring that corporate governance standards are kept. This ensures that all other departments adhere to these standards. Their ultimate objective is to maintain the firm’s integrity and ethical standards while minimizing risk, avoiding breaking the law and company policy, and preventing breaches of corporate policy (Stacchezzini et al., 2020).
1- Department of Compliance and Corporate Governance:
The primary responsibility of the Compliance and Corporate Governance Department is to monitor the insurance-based organization’s behaviour to make sure that it complies with all applicable legislation and standards. This involves ensuring that business practices are monitored and guided consistently with legal requirements, business ethics, and company regulations.
a) Regulatory Compliance.
The Compliance and Corporate Governance Department is responsible for ensuring that the company complies with all applicable rules and regulations and industry standards. The department is responsible for keeping tabs on new legislation and interpreting existing rules to determine steps that must be taken to become in line with the law in order to avoid any penalties or fines from regulatory authorities (Sadiq & Governatori, 2014). The responsibilities that this department can address include,
- Creating plans, processes, and checks to meet mandates from the government and regulatory authorities.
- Keep an eye out for violations by conducting compliance audits and regular assessments of organizational matters.
- Building and managing staff training programs to increase compliance knowledge and sensitivity.
- Working with other sections of the organization to guarantee compliance with rules and regulations applied concerning the organizational industry.
- Creating systems and routes via which personnel may report compliance breaches within and regulatory bodies of the organization.
- Conducting audits into allegations of non-compliance and taking remedial action if required to address the concerns of regulatory inspection teams.
- Observing the evolution of rules and adapting one’s operations appropriately across the organization.
b) Data privacy & security compliance
Compliance with applicable laws, regulations, and industry best practices is essential for the privacy and security of customer and company information. Establishing and maintaining compliance with data privacy and security is a significant responsibility of the Compliance and Corporate Governance Department. (Chua et al., 2017). Possible tasks for the Compliance and Corporate Governance Team to handle include:
- Creating and enforcing measures to protect the privacy of individuals’ information under privacy acts.
- Protecting personal information under laws like the EU’s General Data Protection Regulation and Consumer Privacy Act.
- Taking the necessary steps to examine the proposed changes’ privacy effect and ensure strict controls are applied to data security matters.
- Keeping a close eye on data protection procedures and performing regular audits to guarantee compliance to ensure no data breaches or theft cases occurs due to data breach.
- Planning for and supervising incident management in the event of a data breach.
- Giving workers instructions and education on how to protect personal information.
- Protecting sensitive information by working together with information technology and security specialists to set up appropriate technological barriers
c) Compliance with anti-bribery and anti-corruption.
Compliance with applicable laws, regulations, and industry best practices is essential for the privacy and security of customer and company information. Establishing and maintaining compliance with data privacy and security is a significant responsibility of the Compliance and Corporate Governance Department. (Kwon & Johnson, 2013). The responsibilities of the Compliance and Corporate Governance Department are
- Assessing potential exposure to bribery and corruption in order to identify problem areas across departments of the organization.
- Setting up checks and balances to ensure the reliability of suppliers, agents, and business partners to avoid exposure to bribery and corruption.
- Keeping an eye on whether or not anti-bribery regulations like the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act are being followed during the organization’s day-to-day affairs.
- Conducting probes into charges of wrongdoing and taking corrective measures if necessary.
- Educating workers on the importance of doing the right thing and fighting corruption via organizational training and awareness initiatives.
- Keeping track of and documenting information pertinent to initiatives to combat corporate bribery and corruption.
d) Compliance with export control rules and regulations.
Companies involved in international commerce must comply with export control rules and regulations to guarantee that their products, technology, and information exports are lawful. Governments impose export controls to ensure that weapons do not spread, that critical technology is kept secure and that they honour their international obligations. To prevent legal and public relations trouble, businesses must learn and follow these rules (Jafari Sadeghi et al., 2018). Possible tasks for the Compliance and Corporate Governance Team to handle include:
- Being familiar with and able to apply export control laws like the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
- Creating, enforcing, and monitoring export regulations and internal standard operating procedures that every organization’s staff must follow.
- Assessing threats to determine the likelihood of export control breaches during the day-to-day workings of the organization.
- Implement measures to check out deals and do homework on potential business associates to avoid violations and penal actions.
- Getting the required export permissions in place by respective regulatory authorities.
- Giving advice and instruction to workers related to export-related requirements
- Keeping an eye on exports, auditing them, and keeping records for legal reasons in the organization.
- Assisting with investigations and reporting any infractions to the proper authorities
e) Environmental compliance.
Compliance with environmental laws, rules, and standards ensures that the environment is protected and that natural resources are conserved. The Compliance and Corporate Governance Division guarantees the company’s ethical and sustainable practices (Gupta & Gupta, 2021). Possible tasks for the Compliance and Corporate Governance Team to handle include:
- Keeping an eye on and making sense of all environmental rules and regulations that might affect the business perception in the view of the general public.
- Creating new environmental guidelines and enforcing existing ones during day to day working of the organization.
- Assessing environmental impacts and identifying possible dangers that can harm the organization’s business.
- Managing garbage and encouraging eco-friendly actions to avoid any environmental penal imposition from environmental regulatory authorities.
- Getting the appropriate green light to do environmental damage at a minimum low level.
- Keeping an eye on the environment by way of inspections and audits, and third-party validations.
- Conducting investigations into environmental events and educating workers on minimising their impact on the organization.
- Notifying the appropriate environmental agencies of any events or violations and taking remedial or alternative action to compensate the environment.
- Working together with consultants or professionals in the field of environmental protection to guarantee adherence to environmental regulations.
- Keeping track of paperwork and records for environmental regulations as the regulatory bodies prescribes.
f) Compliance with health and safety requirements.
Health and safety compliance is concerned with providing a risk-free workplace for workers and adhering to all applicable health and safety laws applicable to the organization. The health and safety of a company’s workers, customers, and the general public depends on the company’s adherence to health and safety regulations. Keeping a safe and healthy workplace includes following rules and regulations by governments and businesses (Salguero-Caparrós et al., 2020). Possible tasks for the Compliance and Corporate Governance Team to handle include:
- Keeping an eye on and making sense of the organization’s relevant health and safety rules and regulations as prescribed by the regulatory authority.
- Creating and enforcing health and safety guidelines, regulations, and internal procedures to be adopted by the organization.
- Assessing risks and locating possible dangers in the jobs available at the organization.
- Introducing training programs for safety and raising awareness of the need for safe work procedures at the organization.
- Creating systems to record and investigate occupational injuries and illnesses the organization may face daily.
- Working with Human Resources to protect workers’ rights to health and safety at the workplace.
- Keep an eye out for safety violations and fix them via regular audits, inspections, and third-party validations.
- Carrying out procedures and preparations for dealing with unexpected events and their subsequent reporting to regulatory bodies as per their instruction.
- Keeping track of paperwork and records for health and safety regulations applicable to the organization.
g) Compliance with antitrust and competition laws.
The company must ensure that it abides by all applicable antitrust and competition laws and acts in a way that fosters open markets and business needs (Ludescher & Hofstetter, 2010). Organizational compliance with antitrust and competition rules is essential for maintaining open and competitive markets. When it comes to encouraging and enforcing adherence to these regulations, the Compliance and Corporate Governance Department is crucial. Possible tasks for the Compliance and Corporate Governance Team to handle include:
- Creating and enforcing measures to prevent anti-competitive behaviour and antitrust laws at the organization.
- Anti-competitive activities and infractions must be uncovered by conducting risk assessments to reduce violations and breaches of antitrust and competition laws.
- Verifying conformity with antitrust regulations by reviewing relevant company procedures, contracts, and agreements across organization activities.
- Compliance with antitrust and competition laws through providing personnel with direction and training to administrative staff.
- Keep an eye on market activity and sniff any signs of anti-competitive practices that can affect the organization.
- Taking complaints of anti-competitive practices seriously and addressing the concerns to avoid breaches of antitrust and competition laws.
- Disclosing potential infractions to the appropriate authorities or organizational management.
- Keeping tabs on and documenting activities to ensure antitrust and competition compliance at an organizational level
h) Labour and employment compliance:
Compliance in labour and employment refers to the observance of rules, regulations, and standards associated with employment procedures and the rights and safeguards afforded to employees (Frade & Darmon, 2005). It is the duty of firms’ compliance departments and corporate governance departments to ensure that these standards are followed to provide their workers with safe and equitable working conditions. The following is a list of key areas of concentration for compliance with labour and employment laws. Possible tasks for the Compliance and Corporate Governance Team to handle include:
- Keeping an eye on and making sense of job and labour legislation affecting the organizational activities.
- Creating and enforcing guidelines for employment and labour relations by making policy procedures to be adopted by the organization.
- Enforcement of labour laws, such as those governing minimum pay, hours worked, etc., across departments of the Bank.
- Employees’ rights and responsibilities in the workplace are outlined, and they must comply with labour and employment acts.
- Taking care of labour and employment concerns raised by employees at the organization.
- Assessing and auditing for possible labour and employment law infractions across the organization’s activities.
- Assisting the HR team in following all applicable employment requirements and labour laws per regulatory authority’s guidance.
- Keeping track of paperwork and files relating to employment and labour laws at the organization.
i) Intellectual property compliance
“intellectual property compliance” describes a company’s efforts to safeguard and manage its IP holdings under applicable laws and industry standards. When protecting and enforcing the company’s and others’ intellectual property rights, the Compliance and Corporate Governance Department plays a vital role (Kesan & Gruner, 2019). Possible tasks for the Compliance and Corporate Governance Team to handle include:
- Keeping an eye on and deciphering rules and regulations about intellectual property applicable to the organization.
- Creating and enforcing systems for managing intellectual property at the organization.
- Intellectual property audits are carried out so valuable Intellectual property can be located and safeguarded.
- Protecting intellectual property by abiding by the organisation’s trademark, patent, trade secret, and copyright regulations.
- Giving workers direction and instruction on their legal and ethical responsibilities around intellectual property.
- Addressing and investigating claims of intellectual property theft at the organizational level.
- Working together with the R&D and legal teams to safeguard intellectual property.
- Keeping track of and documenting all you do to comply with intellectual property laws.
j) Compliance with financial regulations.
Ensuring adherence to financial rules, regulations, and reporting procedures constitutes “financial compliance.” The Compliance and Corporate Governance Division could be responsible for keeping an eye on and making sense of financial rules, regulations, and reporting requirements (Agarwal et al., 2017). Organizations must comply with financial standards if they value openness, honesty, and responsibility in their financial dealings. When it comes to following the rules in the banking industry, the Compliance and Corporate Governance Department is essential—making plans for and carrying them out on measures to ensure financial compliance.
- Assessing possible threats to financial compliance via risk assessments across the organization.
- Ensuring that all financial information is reported promptly and following accounting rules applicable by regulatory authorities.
- Keeping an eye on and enforcing internal financial controls and procedures to address such breaches.
- Performing inspections of financial documents and dealings breaches.
- Working with the accounting and finance group to guarantee adherence to tax legislation.
- Responsible for enforcing and monitoring AML and KYC policies and practices.
- Giving workers the education and direction they need to fulfil their financial compliance responsibilities.
- Disclosing to the proper authorities any financial infractions or irregularities that have been uncovered.
- Keeping track of paperwork and records for tax and budget compliance.
2- References
- Agarwal, A. et al. (2017). ‘Cognitive compliance for financial regulations’, IT Professional, 19(4), pp. 28–35. doi:10.1109/mitp.2017.3051333.
- Chua, H.N. et al. (2017). ‘Compliance to personal data protection principles: A study of how organizations frame privacy policy notices’, Telematics and Informatics, 34(4), pp. 157–170. doi:10.1016/j.tele.2017.01.008.
- Frade, C. and Darmon, I. (2005). ‘New Modes of Business Organization and precarious employment: Towards the recommodification of labour?’, Journal of European Social Policy, 15(2), pp. 107–121. doi:10.1177/0958928705051509.
- Gupta, A.K. & Gupta, N. (2021). ‘Environment practices mediating the environmental compliance and Firm Performance: An institutional theory perspective from emerging economies, Global Journal of Flexible Systems Management, 22(3), pp. 157–178. doi:10.1007/s40171-021-00266-w.
- Jafari Sadeghi, V. et al. (2018). ‘How does export compliance influence the internationalization of firms: Is it a threat or an opportunity?’, Journal of Global Entrepreneurship Research, 8(1). doi:10.1186/s40497-018-0089-3.
- Kesan, J.P. and Gruner, R.S. (2019). ‘Intellectual property compliance: Systematic methods for building and using intellectual property’, SSRN Electronic Journal [Preprint]. doi:10.2139/ssrn.3506951.
- Kwon, J. & Johnson, M.E. (2013). ‘Health-care security strategies for Data Protection and regulatory compliance’, Journal of Management Information Systems, 30(2), pp. 41–66. doi:10.2753/mis0742-1222300202.
- Ludescher, M. and Hofstetter, K. (2010). ‘Fines against parent companies in EU antitrust law: Setting incentives for “best practice compliance”‘, World Competition, 33(Issue 1), pp. 55–76. doi:10.54648/woco2010004.
- Sadiq, S. and Governatori, G. (2014). ‘Managing regulatory compliance in Business Processes’, Handbook on Business Process Management 2, pp. 265–288. doi:10.1007/978-3-642-45103-4_11.
- Salguero-Caparrós, F. et al. (2020) ‘Management of legal compliance in Occupational Health and safety. A literature review’, Safety Science, 121, pp. 111–118. doi:10.1016/j.ssci.2019.08.033.
- Stacchezzini, R., Rossignoli, F. and Corbella, S. (2020). ‘Corporate governance in practice: The role of practitioners’ understanding in implementing compliance programs, Accounting, Auditing & Accountability Journal, 33(4), pp. 887–911. doi:10.1108/aaaj-08-2016-2685.