Corporate compliance guidelines

27 September, 2024
corporate compliance guidelines
On September 23, 2024, the United States Department of Justice announced the update of the Evaluation of Corporate Compliance Programs (ECCP). This document, designed to help prosecutors assess the effectiveness of companies’ compliance programs during and after an infraction, now incorporates three emerging risk factors.

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.

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