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COVID-19 and the approach of compliance: A lesson to be learned to re-engineer the organisation?

25 March 2020
Knowledge Base

by Massimo Balducci

Personally I’m persuaded that compliance approach could teach us something on how to face the COVID-19 crisis. To prove my point I will first of all remind us briefly of the basics of compliance approach. Roughly speaking I daresay that compliance refers to a mechanism of supervision to be used while working in a process oriented way, or, if you wish, in a re-engineered organisation. What implies working in a re-engineered organisation? Whoever is involved in an organised production is called upon all the time to find an answer to the following question: “what am I supposed to do now?” Nobel prize winner H.A. Simon thought that anyone called upon to make such a decision is supported by some mechanisms able to reduce her/his decision making complexity.  Continue reading…

Coronavirus changing the game for remote connectivity

23 March 2020
Knowledge Base

The decision by governments to close educational facilities and workplaces in a bid to stem the spread of COVID-19/Coronavirus will see many more of us than ever before remotely connecting to workplace/school networks from home and will put added strain on online resources. We will also see many people who are used to the protection offered by a corporate/education network working remotely for the first time. This coupled with opportunistic attacks from cybercriminals exploiting people’s fears over this virus outbreak could create a perfect storm for cybercriminal activity. Continue reading…

WOW Moments in Compliance (Part 5)

19 March 2020
Knowledge Base

by Geert Vermeulen

Often ethics & compliance officers only end up in the news when things have gone wrong. Many people don’t realise that ethics & compliance officers also prevent numerous crimes and unethical practices, sometimes at the risk of being fired or by risking our health or even our lives. Usually you don’t hear about these cases. I think that we should be more proud of our profession and inform a broader audience what we do to reduce risk and stimulate better business. The final part in this series of “WOW Moments in Compliance,” will be about the World Economic Forum in Davos. The first two parts covered due diligence in the aviation industry and due diligence in the energy industry. The third part was about change of strategy and the fourth part was about ‘those wonderful Greeks.’  Continue reading…

The costs of the UK leaving the EU

12 March 2020
Knowledge Base

On January 31, the UK officially left the European Union. During the time following the 2016 referendum, the departments within the UK had to brace themselves and prepare for the uncertain outcomes that could potentially result from the UK’s eventual departure. The National Audit Office (NAO) ended up reviewing around 27 reports on the departments’ work, which illustrates the intensity and scale of the task that lay ahead. As such a task can be complex, these departments were not able to think of and plan in advance for every conceivable scenario and outcome. Between 2016-17 and 2019-20, HM Treasury made about £6.3 billion of added funding available, which would help cover the cost of the UK government’s preparations for their exit from the EU. Continue reading…

WOW Moments in Compliance (Part 4)

09 March 2020
Knowledge Base

by Geert Vermeulen

Often ethics & compliance officers only end up in the news when things have gone wrong. Many people don’t realise that ethics & compliance officers also prevent numerous crimes and unethical practices, sometimes at the risk of being fired or by risking our health or even our lives. Usually you don’t hear about these cases. Therefore, I decided to share a couple WOW moments in compliance. The first article in this series of ‘WOW Moments in Compliance’ was about a case study regarding due diligence in the aviation industry while the second article was on due diligence in the energy industry. The third part, which was published last week was on change of strategy and now this fourth article is on ‘these wonderful Greeks’. Continue reading…

WOW Moments in Compliance (Part 3)

02 March 2020
Knowledge Base

by Geert Vermeulen

Often ethics & compliance officers only end up in the news when things have gone wrong. Many people don’t realise that ethics & compliance officers also prevent numerous crimes and unethical practices, sometimes at the risk of being fired or by risking our health or even our lives. Usually you don’t hear about these cases. Therefore, I decided to share a couple WOW moments in compliance.  The first part of this series of articles was about due diligence in the aviation industry and the second part that was published last week discussed due diligence in the energy industry. The third section will seek to discuss change of strategy.  Continue reading…

Lieve Lowet

Lieve Lowet

EU Affairs consultant and lobbyist

The European Green Deal and the Review of the Non-Financial Reporting Directive

24 February 2020
Knowledge Base

One of the 50 initiatives announced in the Commission’s Communication on the European Green Deal of 11 December 2019, is the review of the Non-Financial Reporting Directive (NFRD) (Directive 2014/95/EU) planned for Q4 2020. The NFRD requires large companies, including banks and insurers, to report information regarding the environment, social and employee issues, human rights, and bribery and corruption, on an annual basis. Companies have been required to include non-financial statements in their annual reports for the first time in 2018, for information covering the 2017 financial year. The NFRD covers approximately 6,000 large companies and groups across the EU. The NFRD amends the accounting directive 2013/34/EU. The NFRD should ensure that investors are better informed about the sustainability of their investments. It should also ensure that civil society and other interested parties have access to the information they need to hold companies to account for their impacts on society and the environment, avoiding an accountability deficit. At the same time the NFRD should not impose excessive reporting obligations on companies but encourage companies to develop a responsible approach to business. 

Continue reading…

WOW Moments in Compliance (Part 2)

21 February 2020
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by Geert Vermeulen

Often ethics & compliance officers only end up in the news when things have gone wrong. Many people don’t realise that ethics & compliance officers also prevent numerous crimes and unethical practices, sometimes at the risk of being fired or by risking our health or even our lives. Usually you don’t hear about these cases. Therefore, I decided to share a couple WOW moments in compliance.The first part of the article that has been published last week discussed the case study of due diligence in the aviation industry. Now, in this second part, another example will be discussed, which is that of due diligence in the energy industry. Continue reading…

WOW Moments in Compliance (Part 1)

14 February 2020
Knowledge Base

by Geert Vermeulen

This article is the first of a series of five articles and will be published in five parts. The second part will be published next week. Often ethics & compliance officers only end up in the news when things have gone wrong. Like in the recent money laundering scandals in the banking industry. In many of these cases, it was actually the management that decided that doing business was more important than being compliant and didn’t invest sufficiently in proper compliance controls and resources. Many people don’t realise that ethics & compliance officers also prevent numerous crimes. Continue reading…

Lieve Lowet

Lieve Lowet

EU Affairs consultant and lobbyist

New Competences for the European Banking, Insurance & Pension and Financial Market Authorities (ESAs)

29 January 2020
Knowledge Base

Last December, the European Union concluded the ESA review with the publication of the ESA review legislation in the Official Journal. It consists of 3 legislative acts:

Regulation (EU) 2019/2175 which amended the EBA regulation, the ESMA regulation, the EIOPA regulation, MIFIR, the benchmark regulation and the funds transfer regulation. The amendments focused on giving new competences as well as on clarifying existing competences. Most new powers of the ESA started on 1 January 2020. Regulation (EU) 2019/2176 which amended the ESRB regulation and which came into force on 30 December 2019; and Directive (EU) 2019/2177 : this Directive changes among others a few articles in the SII directive. The transposition date is 30 June 2021. This means that the new provisions related to SII are applicable as of 30/6/2021 except the country specific volatility adjustment adaptation which is applicable as of 1/7/2020.

This publication closes a long review. The new powers of EIOPA include for example the possibility to set up cooperation platforms in case of insurers which are active cross-border via branches and where there is a justified concern to worry about policyholder protection. Continue reading…