Firstly, the updated version of the ECCP includes guidelines for the evaluation and management of risks associated with new technologies, such as artificial intelligence. Prosecutors will need to assess whether companies have adopted adequate measures to mitigate any risks related to the misuse of these technologies.
Additionally, in line with the whistleblower program launched in August, the ECCP update revises whistleblower protection policies. Prosecutors will evaluate whether companies actively encourage employees to report inappropriate conduct and ensure they feel safe doing so, maintaining a no-retaliation policy.
Finally, the update includes criteria to determine whether a company’s compliance program has adequate access to data, assets, resources, and technology, ensuring the program’s effectiveness.
Companies and subsidiaries of U.S. companies will need to consider these criteria to strengthen their compliance programs, adapting to new regulatory requirements and improving their ability to proactively detect and mitigate risks.