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Compliance Risk Overview
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Flashcards
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AML (Anti-Money Laundering)
The risk of financial and reputational damage that arises from failure to comply with laws combatting money laundering. Management approaches include establishing an AML program, regular staff training, and conducting due diligence on customers.
KYC (Know Your Customer)
The process of a business verifying the identity of its clients. Management approaches include gathering personal identification data, monitoring transactions, and risk assessment of clients' profiles.
GDPR Compliance
The risk of penalties from failing to comply with the European Union's General Data Protection Regulation, which governs data protection and privacy. Management includes regular data audits, enforcing data protection policies, and consent management.
FCPA (Foreign Corrupt Practices Act)
US law that prohibits paying bribes to foreign officials to assist in obtaining or retaining business. Managing this risk involves establishing anti-bribery policies, training employees, and conducting due diligence in foreign markets.
Compliance Training
Education for employees on the legal and ethical obligations of their job role. To manage risk, conduct regular training sessions, update courses based on changing laws, and track employee training records.
Data Privacy Laws
Regulations intended to protect personal data of individuals. Risk management includes having data protection policies, encrypting sensitive data, and complying with laws such as the GDPR or CCPA.
Regulatory Compliance
Adhering to laws, regulations, guidelines, and specifications relevant to business operations. Strategies to manage this include staying informed on regulatory changes, conducting compliance audits, and implementing a compliance management system.
Sanctions Risk
The exposure to legal penalties, financial forfeiture, or reputational harm that a company can face when it fails to comply with economic and trade sanctions. Management tactics include monitoring sanction lists, restricting transactions in sanctioned countries, and training employees on compliance matters.
Environmental Compliance
The adherence to environmental laws and regulations. Companies manage this risk by conducting environmental audits, obtaining necessary permits, and implementing sustainable practices.
Compliance Audits
A formal review to determine whether a company adheres to regulatory guidelines. To manage risk, firms conduct periodic internal and/or external audits and use findings to correct non-compliance issues.
SOX Compliance
The risk of failing to comply with the Sarbanes-Oxley Act, which is intended to protect investors from fraudulent financial reporting by corporations. Management approaches include establishing internal controls, regular financial audits, and maintaining proper documentation.
Consumer Protection Laws
Laws that safeguard consumers from unfair, deceptive, or fraudulent practices in the marketplace. Risk management involves regular training on consumer rights, clear communication of terms and services, and timely resolution of consumer complaints.
Conflict of Interest
A situation in which a person or entity has competing interests or loyalties. Managing this risk includes creation of policies to avoid conflicts, regular disclosure of potential conflicts by employees, and having a committee to evaluate reported cases.
Bribery and Corruption
The offering, giving, receiving, or soliciting of something of value as a means of influencing the action of an official. Risk management strategies include comprehensive anti-bribery policies, employee training, and thorough investigations of potential corruption.
HIPAA Compliance
Adherence to the Health Insurance Portability and Accountability Act, which protects patient health information. Management includes implementing security measures, training staff on privacy policies, and conducting risk analyses of PHI handling.
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