How can technology drive compliance in your organization?

In today's rapidly evolving business landscape, staying compliant with global regulations and managing legal requirements is an ongoing challenge. Organizations, regardless of their size or industry, must meet ever-shifting compliance and legal demands while often dealing with shrinking budgets and limited resources. However, in many cases, your organization can harness technology to not only optimize costs, but also enhance confidence in your compliance program, minimize risk and set up your organization for responsible growth.

Regulators now expect companies to use technology in their compliance programs. Below, we discuss how analytics and artificial intelligence (AI) solutions can monitor internal data to identify potential issues while additional technology tools can create an effective foundation for ongoing compliance. But it’s important to understand that technology is only part of the equation; to achieve the full compliance benefits from new innovations, an organization must have experienced talent in place to drive proper alignment and insight.

Regulatory focus on data analytics and AI

In recent years, the U.S. Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have each emphasized the need for companies to adopt a data-driven approach to risk assessments and compliance monitoring. By utilizing AI, organizations can conduct comprehensive risk assessments, identify potential areas of concern and allocate resources more efficiently to mitigate risks. Moreover, AI can aid in monitoring and analyzing large data sets for signs of fraud, bribery or corruption, allowing companies to stay ahead of potential legal issues.

The DOJ has underscored the benefits of data analytics and AI in compliance programs. Deputy Attorney General Lisa O. Monaco noted in her speech at SEC Speaks in October 2021 that “companies need to actively review their compliance programs to ensure they adequately monitor for and remediate misconduct—or else it’s going to cost them down the line.”

Further, at the 2023 national Compliance Week conference, Lauren Kootman, assistant chief in the fraud section of the DOJ’s criminal division, stated that an effective compliance program includes data analytics, and how a company uses data analytics can serve as an indicator of the strength or weakness of the compliance program as a whole.

Kootman stated that “not every company needs to use sophisticated AI, but if you’re using it on the commercial side, you should be using it on the compliance side. [The DOJ is] looking for consistency within an organization. Are you organizing your hotline and investigations data the same way you organize your business data?”

Similarly, the SEC has emphasized the importance of data analytics and AI in detecting securities fraud and insider trading, recognizing that the vast amount of financial data generated by companies can be effectively scrutinized through AI algorithms to identify suspicious patterns and outliers. By leveraging advanced analytics, companies can rapidly identify irregularities, uncover potential market abuses and respond promptly, reducing the risk of regulatory violations.

How technology can assist with meeting global compliance needs

Tools to monitor evolving compliance trends and requirements

The compliance world is dynamic, with regulations constantly changing and expanding. Keeping up with these changes can be overwhelming, but it's crucial for organizations to remain compliant to avoid legal issues and reputational damage. Staying informed about industry-specific compliance requirements and global regulatory shifts is vital. Technology plays a pivotal role in this effort by providing real-time updates and alerts related to regulatory changes.

Organizations are increasingly turning to data subscription services to monitor compliance trends. These services offer real-time insights and analytics into regulatory changes, industry benchmarks and emerging risks. By leveraging such data-driven platforms, businesses can proactively adapt to the ever-evolving compliance landscape, ensuring they remain ahead of potential pitfalls. Furthermore, these subscription services allow companies to benchmark their compliance efforts against industry standards, fostering continuous improvement.

In addition, cloud-based compliance management systems can centralize compliance data and documentation, making it easier to track changes and ensure alignment with the latest regulations. This consolidation of compliance information simplifies the process of identifying compliance gaps, streamlining necessary updates and maintaining a proactive stance. Compliance solutions based in the cloud provide adaptability, scalability and easy access, removing the requirement for substantial in-house infrastructure. Such systems facilitate immediate compliance oversight and allow users to retrieve compliance information from any location at any time. Moreover, systems hosted in the cloud tend to be more budget-friendly and simpler to maintain and refresh compared to conventional in-house systems.

Technology solutions to bolster third-party risk management (TPRM)

In today’s interconnected business environment, companies frequently rely on external vendors, suppliers and partners to deliver essential services and products. While these third-party relationships can bring operational efficiencies and strategic advantages, they also introduce a myriad of risks that can jeopardize a company’s compliance posture. To protect against these risks, TPRM has emerged as a key component of today’s compliance programs.

Regulatory bodies are increasingly holding companies accountable for any missteps of their third-party partners. Without a robust TPRM technology solution in place, monitoring every partner and ensuring they adhere to relevant regulations becomes an insurmountable task. TPRM technology streamlines customer and vendor management processes, ensuring that risk assessments are consistent, timely and comprehensive. Automated workflows, notifications and dashboards can provide real-time insights into third-party risks, enabling proactive risk mitigation.

Furthermore, data breaches and cyberthreats have become increasingly sophisticated. A company’s cybersecurity posture is only as strong as its weakest link, which, in many cases, can be a third-party vendor with inadequate security measures. TPRM technology can continuously monitor the cybersecurity health of third parties, ensuring that they meet required security standards and that any vulnerabilities are promptly addressed.

Contract management systems (CMS) for regulatory compliance

Contract management system (CMS) technology has become an indispensable tool for organizations, especially within legal and compliance teams. These tools provide a central repository for contractual data, manage the third-party relationship life cycle, promote standardization and assist with compliance tracking.

For example, a CMS can meticulously monitor each of an organization’s contracts for clauses and terms that pertain to specific regulatory requirements. This granular level of oversight ensures that even subtle nuances in language or stipulations that could lead to noncompliance are captured. As requirements evolve, a CMS can provide automated alerts regarding contracts that may be at risk of violating regulations, allowing organizations the opportunity to mitigate risk by renegotiating terms, adding addendums or even terminating contracts that pose a significant risk.

Leveraging technology for cost reduction and risk mitigation

While investing in new technology presents increased upfront costs, selecting and implementing effective solutions will allow organizations to scale and operate more efficiently, realizing cost savings and improved compliance in future years. Automation, data analytics and streamlined processes can make compliance more efficient and cost-effective.

Technology allows organizations to automate repetitive compliance tasks, reducing the reliance on manual efforts. For instance, CMS solutions can automate data collection, reporting and document management, significantly reducing the time and resources required for these tasks. This not only decreases the workload on compliance teams but also minimizes the risk of human errors, ensuring accuracy in compliance reporting.

Additionally, cost optimization through technology extends to risk mitigation. Real-time monitoring and alerts are critical components of a technology-driven compliance strategy. CMS tools can continuously monitor activities and trigger alerts when deviations occur, enabling immediate corrective actions. By addressing compliance issues promptly, organizations can prevent costly violations and fines as well as legal and reputational repercussions.

The takeaway

In a world where compliance requirements are ever-evolving, technology serves as a valuable ally. It not only optimizes costs but also enhances confidence in your compliance program, minimizes risk and sets your organization up for responsible growth. Embracing technology solutions can help your organization navigate the complex compliance landscape effectively. By harnessing the power of technology, you can also help ensure your organization remains efficient and ready for future growth. Technology is not just a tool; it's a strategic asset that empowers organizations to thrive in a dynamic regulatory environment.