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Measuring the Effectiveness of Compliance Programs

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Measuring the Effectiveness of Compliance Programs
Pradeep Parakh, Mumbai, India

Why to have a Compliance Plan
• Heightened scrutiny by regulators • Avoid problems before they occur • Improved effectiveness of organization

The Importance of Compliance
• Compliance provides stability in revenue • Compliance uncovers inadvertent errors which can be corrected before they create huge problems for the entity • Compliance allows continued service to consumers because paybacks and penalties can impact the delivery of future services • Compliance leads to a better relationship with regulators and those who have dealings with the entity

Compliance Programs Must Have Substance
• As evident by recent legislation, the focus of regulators is shifting from a focus on the presence of a compliance program to evidence that demonstrates the effectiveness of the compliance program • Regulators asks question such as – “Can you prove that your compliance program works?”

Elements of Effective Compliance Plan
• Written policies and procedures • Compliance Officer • Training and education . . . including . . .governing body members • Communication lines to the Compliance Officer • Disciplinary policies • Internal audits and, as appropriate, external audits • Response and investigation

Types of Compliance Programs People Measure
• • • • • • • • Security compliance Regulatory compliance Listing compliance Environmental compliance Safety compliance Quality control compliance Privacy compliance Tax compliance

Counts or Measurements?
• When many people measure compliance they are actual counting violations of some rule or standard. • Technically they are counts, not measurements. • In order to be counted as compliance measurements, such counts shall be qualified.

Elements that constitute an effective Compliance Program
• Establish Policies, Procedures and Controls • Exercise Effective Compliance and Ethics Oversight • Exercise Due Diligence to Avoid Delegation of Authority to Unethical Individuals • Communicate and Educate Employees on Compliance and Ethics Programs • Monitor and Audit Compliance and Ethics Programs for Effectiveness • Ensure Consistent Enforcement and Discipline of Violations • Respond Appropriately to Incidents and Take Steps to Prevent Future Incidents

Measuring the Effectiveness of Compliance Program
• • • • • Effective within the law Effective with communications Effective in relation to measurable metrics Effective at prevention Effective at detection It should facilitate measuring compliance outcomes, not just structure or process

Measuring the Effectiveness of Compliance Program - Techniques
• Using compliance outcomes measures to focus and limit audits and investigations • Are behaviors inconsistent with established rules accepted and tolerated? • Balancing compliance, communication and enforcement in the most effective way

Challenges
• The biggest challenge with measuring compliance program effectiveness is the difficulty in interpreting the data. • To identify effectiveness one has to evaluate each and every piece of a compliance program. This can be particularly challenging for larger companies, where the compliance program often is spread throughout the organization.

Overcoming Challenges
• Without the proper tools and processes in place, demonstrating that your organization has an effective compliance program can be very challenging • Governance, Risk, and Compliance Management software (commonly referred to as GRC) to automate their compliance program initiatives can prove to be very effective. • It serves as the “compliance system of record,” and can streamline the compliance process across the enterprise and ultimately provide the means to demonstrate compliance program effectiveness.

Thank you for your time

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