Podcasts about dpas

Episode #68 with Chad Olsen and Mark Nuttal

Nik did a DPA report with everyone's favorite ad software, Marpipe. And it's time to share what he found.  First, let's start off with catalog ads: they're actually carpool lanes, and you're only running in the carpool lane if you're paying for it or have others on board. How does this relate to catalog ad options? How do they run on their own? Plus, TikTok and Snapchat are working to improve their DPAs and catalog ads—which means things like this are probably going to become uniform across platforms. They're starting to understand traits and tags that will help them sell more. How can you use this to your advantage if you're selling via social? What's the future of catalog ads? (Hint: they're not going away anytime soon.)  And, find out how a simple “Add to Cart” test can affect behavior.  Instant turns browsers into buyers by supercharging your retention marketing. Double Your Revenue: Capture 2-3x more abandonment signals to power targeted re-marketing flows. Remembers your opt-ins: Keep opted-in shoppers remembered for longer while keeping Klaviyo updated. Automated Re-Marketing: Instantly notify your email or SMS platform when a subscriber abandons your site, triggering automated flows to bring them back. Learn from Instant at instant.one/limited  Don't forget to check out Nik's helpful hacks here: nik.co/tiktokads nik.co/everydaydose Want more DTC advice? Check out the Limited Supply YouTube page for more insider tips.   Check out the Nik's DTC newsletter: https://bit.ly/3mOUJMJ   And if you're looking for an instant stream of on-demand DTC gold, check out the Limited Supply Slack Channel for Nik's most unfiltered, uncensored thoughts.   Follow Nik: Twitter: https://www.twitter.com/mrsharma

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this edition of the FCPA Compliance Report, Tom Fox cross post the first episode of a new podcast series from Nicolas Tollet, partner at Hughes, Hubbard and Reed In this episode, Tollet delves into the substantial financial benefits stemming from robust compliance measures. Tollet recounts a company's journey through two deferred prosecution agreements (DPAs) related to bribery and corruption allegations in Africa and Brazil, detailing how proactive compliance actions saved the company approximately $100 million. He emphasizes the crucial role of an independent monitor and in-depth compliance reviews in identifying and mitigating misconduct. Tollet explores the implementation of compliance policies and training programs, drawing comparisons with high-profile cases like Walmart's FCPA settlement, to illustrate the long-term financial stability and operational integrity gained through early compliance investment. Highlights in this Episode: The First Deferred Prosecution Agreement (DPA) The Second DPA and Lava Jato Investigation Compliance as a Competitive Advantage Detecting and Addressing Misconduct Remediation and Strengthening Compliance Financial Benefits of Compliance Comparing with Walmart FCPA Case Resources: Nicolas Tollet at Hughes Hubbard & Reed Tom Fox Instagram Facebook YouTube Twitter LinkedIn For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here. Check out the full 3-book series, The Compliance Kids on Amazon.com. For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Lindsey Rogerson and Rachel Wolcott, senior editors for Regulatory Intelligence in EMEA discuss the UK Financial Conduct Authority's (FCA) approach to Freedom of Information Act (FOIA) compliance.In the UK, most public bodies are subject to FOIA. That means members of the public can request information held by public authorities or by persons providing services to them. That includes the FCA, the Prudential Regulation Authority and the Bank of England. Lindsey and Rachel discuss the importance of using FOIA in their work to uncover information that helps readers and listeners better understand how the regulators work. They talk through several examples of information they've been able to request, including about whistleblowing, enforcement statistics, as well as bullying and harassment allegations made by FCA employees. Recently, however, many of their FOIA requests have been met with resistance from the regulator. Lindsey and Rachel talk about how they appealed the FCA's use of FOIA exemptions —and won. The process brought valuable insights into how the regulator manages FOIA compliance. LINKS FCA response to FOI on guidance for supervisors investigation allegations made by whistleblowers after ICO intervention June 2024: https://www.whatdotheyknow.com/request/protocol_for_supervisors_when_in/response/2684994/attach/4/FOI10712%20Amended%20Response%2020240619.pdf?cookie_passthrough=1 Redacted FCA document: Supervision: Whistleblowing ‘How to Guide' for SPC & Authorisation Divisions: https://www.whatdotheyknow.com/request/protocol_for_supervisors_when_in/response/2684994/attach/5/Annex%20A.pdf?cookie_passthrough=1 Article: FCA report shows "host" ACD compliance has not improved in a decade, s 166s imposed: https://word-edit.officeapps.live.com/we/FCA%20report%20shows%20%22host%22%20ACD%20compliance%20has%20not%20improved%20in%20a%20decade,%20s%20166s%20imposed Article on: UK FCA is still assessing more than 1,100 whistleblower reports from 2023/24: https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fgo-ri.tr.com%2FO3tB1r&data=05%7C02%7Crachel.wolcott%40thomsonreuters.com%7Cba01669a1154474d690a08dcd2715851%7C62ccb8646a1a4b5d8e1c397dec1a8258%7C0%7C0%7C638616631473549097%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=DODZq3z11tZ%2FDZsQvMvYSJWDHOs4gJi7eVZRLslaqGA%3D&reserved=0 H2O decision notice: https://www.fca.org.uk/publication/final-notices/h2o-am-llp-2024.pdf FCA warning notice on Woodford Investment Management Ltd and Neil Woodford: https://www.fca.org.uk/publication/warning-notices/warning-notice-statement-24-3.pdf First Tier Tribunal decision in Paul Carlier v ICO: https://www.bailii.org/uk/cases/UKFTT/GRC/2024/257.htmlArticle on FOIA request about MiFID II recordkeeping investigations: https://www.linkedin.com/posts/rachelwolcott_mifid-enforcement-action-activity-7199352605670555649-BLwt/?utm_source=share&utm_medium=member_desktopArticle: FCA to merge FOIA, personal data disclosure unit into comms team: https://www.linkedin.com/posts/rachelwolcott_fca-to-merge-idt-fully-with-communications-activity-7163815206140239873-HFex/?utm_source=share&utm_medium=member_desktopUK FCA's FoIA request reputational risk assessments, guidelines for journalists' requests are inappropriate –expert (paywall): http://go-ri.tr.com/xqNUHXMeta FOIAsFOI6522, FOI9427, FOI9980 (scroll to the bottom for links. For two of them you may need to request access from the FCA) FCA's response to Lindsey and Rachel's questions: Is the FCA's approach to FOIA and DPA in line with its stated values of acting with integrity and delivering in the public interest? "Yes" Does the FCA still circulate FOI responses to large number of staff in the CEO's office and the COO for comments and sign off? "As we mentioned in our last response to you in March, our approach is in line with ICO guidance and the law." What are the latest IDT performance statistics? "Over the last 12 months from September 2023 to August 2024 (inclusive), we responded to 92% of FOIA requests and 98% of DSARs within the statutory deadline." Has the ICO asked the FCA to perform any remedial work on IDT? Has ICO advised/queried the FCA about safeguards for FOIA and DPA in the new combined IDT/press office arrangements? "No. When we answered your questions in March, we explained that it had been our intention that the information disclosure team would move to a different department within the communications directorate as part of a planned restructure later this year. That move has now happened." Has the FCA stopped internal circulation of lists of new FOIA requests with names of requestors? If not why not?"We continue to circulate the details of new requests, which generally include the names of the requesters, to a limited number of internal stakeholders. We are satisfied that our internal processes are appropriate and lawful, including that our processes are compliant with FOIA and data protection legislation." What further steps has the FCA taken to train IDT/comms staff about using FOIA exemptions?"All IDT staff and internal reviewers have received formal training on the application of the FOI Act and many members of the team are qualified FOIA practitioners. In addition, IDT works closely with our legal division, which provides expert guidance in the interpretation of the most complex aspects of the Act." Has the FCA reviewed its approach to labelling FOIA requests as vexatious following the First-Tier Tribunal case Paul Carlier v Information Commissioner and the FCA? If yes, how? "The FCA continues to consider each request on a case by case basis, in line with the requirements of relevant legislation, ICO guidance and case law. In this case, the ICO agreed with our view the requests were vexatious. The Tribunal, however, decided 'by a narrow margin' they were not, a conclusion it reached 'with some hesitation.' We have therefore been happy to reconsider the requests." From the evidence we have reviewed the FCA's approach to FOIAs and DPAs seemed to be top-down with many senior executives signing off requests and even correcting grammar errors. We are also aware from our own FOIs that there is often months-long delays in responding to requests and appeals. Given this, what is the FCA doing to ensure a more efficient process in line with the legislation? "We have improved our performance on the statutory deadlines for FOIAs and DSARs over the last year. We recognise that we need to do more to improve our performance in processing FOIA Internal Reviews and DSAR complaints. We are currently considering how the existing process can be streamlined to improve its efficiency. Our internal processes are focused on ensuring a clear and quality response, not preventing disclosure which is determined by the law."FOI6522: https://www.whatdotheyknow.com/request/foi6522_request_for_further_info#incoming-2714347FOI9427: https://www.whatdotheyknow.com/request/foi9427_request_for_information#incoming-2713882FOI9980: https://www.whatdotheyknow.com/request/foi_9980_request_for_information#incoming-2711477 Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

Deferred Prosecution Agreements (DPAs) can help avoid prison and even a keep a person's record felony-free.  And, the Biden DOJ has encouraged it's regional US Attorney offices to devise their own policies for DPAs and to be more liberal with their application. But, local federal prosecutors seem to be ignoring their boss's mandate.  They're reluctant to make new policies, let alone to actually offer diversion. Therefore, we need to be more aggressive about adovocating for DPAs and unearthing local policies.  To that end, we welcome back attorney and author Jon May, who has been at the forefront of this fight.    IN THIS EPISODE: Becoming aware of federal diversion; Advocating for diversion policies nationwide; Suggestions on how to position your case for diversion.   LINKS: Episode 38: Who Says You Can't: Strategies for Creative Lawyering with Jon May https://setforsentencing.com/podcast/jonmay/ Jon's Latest Book:  Who Says You Can't? Strategies and Tactics For Becoming a More Creative Criminal Defense Lawyer: https://members.nacdl.org/online-store/merchandise-details/?action=view&id=68fcfb2a-c07b-ed11-a76e-0003ff66b1f0 Attorney General's 2022 Memo on DPAS: https://sentencing.typepad.com/files/attorney-general-memorandum---general-department-policies-regarding-charging-pleas-and-sentencing.pdf Jon May's Website:  https://www.jonmaycriminaldefense.com/ Jon's Substack:  https://jonmay.substack.com/

Arye Schreiber, an Anglo-Israeli privacy lawyer and the founder of Armadillex, discusses the challenges faced by data privacy professionals and how his platform aims to address them. Armadillex is an AI-powered platform that helps organizations manage their data privacy relationships and provides business insights based on data processing agreements (DPAs). The platform allows users to upload DPAs and automatically generates a breakdown of the relationships, notifications, and customizable templates. It also offers features like one-click records of processing activities (ROPA) and future plans to benchmark best practices. Arye is also working on a guidance on privacy by design and continues to research new ideas in the field of privacy. Arye is also a tremendous Torah scholar and wrote a phenomenal book on data privacy insights taken from the weekly bible portion, exemplifying just how ancient the concept of data privacy actually is. He cleverly coined the book 'חכמה בינה ודאטה' (hard to translate but hopefully there is an English version forthcoming). 00:00 - Introduction and Background 11:43 - The Need for AI-Powered Solutions in Data Privacy 24:04 - Features and Benefits of Armadillex 30:26 - Future Plans and Conclusion

Faith Ventures welcomes my long-time friend and colleague Pat Dixon. Pat is an accomplished engineer, entrepreneur, and liberty advocate, and he is VP of Automation at Pulmac Systems and consults as well as DPAS, Inc. Pat and I discuss the evolution of our engineering careers, ethical dilemmas in the professional space, and the importance of maintaining faith-based principles throughout.  Pat shares insights from his extensive experience in industrial automation and customer relations, and we even discuss alternative education paths (engineering and otherwise) beyond traditional college. Join us as we delve into the intersection of faith, engineering, and the pursuit of ethical leadership in the corporate world!

In this episode, Arohi Kashyap tears down the Salesforce Data Processing Addendum (DPA). Companies that deal with private data every day may not see managing data as mission-critical. However, as Kashyap points out, corporate counsel needs to understand and manage data risks. Kashyap uses Salesforce's agreement to illustrate a few important principles: •Roles must defined, particularly as they shift during an engagement, •Liability should be clear in the event of a plausible data breach, and •Counsel must understand that not-urgent is not the same as not-important when it comes to data risks. Review the contract here: https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/data-processing-addendum.pdf

 Debbie Reynolds, “The Data Diva” talks to Egil Bergenlind, Founder & Privacy Hero Sidekick at DPOrganizer. We discuss the challenges organizations face with data protection, such as data mapping, DPAs, risk assessments, and training. We also discuss the importance of collaboration and how DPOrganizer's tool helps organizations break out of silos and become more proactive. Egil suggests that companies should take responsibility for the products they put to market and be transparent about the associated risks. He also believes that companies should consider ethical implications when developing new technologies and that they should be held to a higher standard than just what is legally required. Egil and Debbie discuss the challenges of privacy professionals in the face of rapidly advancing AI technology. Egil suggests that harmonized regulation, more awareness of risks, and more people working in the privacy space would help ensure that innovation is balanced with respect for individuals' rights. They also discuss the need for a multidisciplinary approach to privacy with people from different areas of expertise and his hope for Data Privacy in the future. Support the show

Tom Fox and Jonathan Armstrong, renowned expert in cyber security, host the award-winning Life with GDPR. In this episode, Jonathan Armstrong shares that SARs remain a significant area of concern for businesses. He joins Tom to discuss a recent individual's complaint with the Austrian DPA, in which the response was incomplete and the individual took their case to an Austrian Federal Administrative Court. Jonathan shares that this tactic is being used by those under regulatory and governmental investigation. Tom and Jonathan's insight is invaluable for staying informed of the most up-to-date news on SARs.  Key Highlights ·      Challenges of Filing Data Protection Complaints in Austria [00:057] ·      Legal Implications of Acquiring a Business Under Regulatory or Governmental Investigation [00:11:03] ·      Ending a Podcast[00:15:50] Notable Quotes 1.     "We know that SARS are onerous, and it may be that the GIST route might be a way of saving some of the effort involved, not in searching for data necessarily, but in the whole redaction task, which is substantial because obviously you have to redact records so as not to expose the data of other individuals in many cases."  2.     "And the officer stream result also seems to be in accordance with guidance from other DPAs as well. So probably the right decisions in both cases but obviously still some complexity involved in dealing with hours."  3.     "We've definitely seen [SARs] in the context of regulatory or other governmental investigation. There are the cases in the public domain, for example, which is a case, which involves Russian oligarchs battling it out in the UK courts after group a investigated group b." 4.     "And as I say, we've used the gist route previously. We know that people have complained to the ICR to other regulators but so far, that hasn't been anything that regulators criticized in the cases that we've been involved with."" Resources For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.  Connect with Tom Fox ●      LinkedIn Connect with Jonathan Armstrong ●      Twitter ●      LinkedIn Learn more about your ad choices. Visit megaphone.fm/adchoices

Sean Moss, executive vice president of DownPayment Resource, joins Gated to dispel myths around down payment assistance programs and why they're more important than ever given current market conditions. Not only should loan officers be up to date on all the DPA programs available in their market, but they should also be educating consumers about them on social media. It's another way to lure more clients to your business.Mentioned in this episode:OCN eventsWomens magazine Otech liveotech live march show ad.

In the first episode of season 4 of Serious Privacy, Paul Breitbarth of Catawiki and Dr. K Royal of Outschool welcome season 4 launching on Data Protection / Privacy Day 2023! From current events, to laws, to breaches, to SCCs - we probably covered it all! Paul even challenged ChatGPT to describe our season 1.The Serious Privacy podcast, by TrustArc, season 1 covered a variety of core topics related to privacy and data protection. Some of the key topics discussed in season 1 include:Overview of key privacy regulations such as GDPR and CCPAThe role of Artificial Intelligence in privacy and data protectionBest practices for creating and implementing a data privacy programImpact of privacy on different industries such as healthcare and financeThe future of privacy and data protection and how it will shape our worldReal-world examples of data breaches and how to respond to themHow to handle sensitive data and protect against cyber threatsCurrent trends in data privacy and the challenges of protecting personal information in the digital ageOverall, season 1 of the Serious Privacy podcast aimed to provide listeners with a comprehensive understanding of the current state of data privacy and the challenges that organizations face in protecting personal information in the digital age. It also provided practical tips and best practices for organizations to create and implement a data privacy program to protect sensitive data and comply with regulations.Should you have any questions or suggestions, please reach out to us via seriousprivacy@trustarc.com or info@seriousprivacy.eu, or via Twitter at @podcastprivacy. You find us on LinkedIn as well - just look for Serious Privacy. You will find K on Twitter as @heartofprivacy and myself as @EuroPaulB.

By Adam Turteltaub Last year was an eventful one for the world and the compliance profession. In this podcast, Matt Kelly, Editor and CEO of Radical Compliance, looks back at what he sees as the biggest events, and looks into the future. The conversation begins with the impact of the war in Ukraine. He observes that the increasing number of sanctions of Russian individuals and entities, as well as the variations from country to country, have forced companies to improve their sanctions compliance efforts. The sanctions have also complicated procurement, forcing organizations to review their suppliers more carefully to avoid sanctions issues. With the war has also come of host of ethical considerations. Organizations have had to decide what to do with their Russian operations and the people that work at them. Also on the international front, 2023 brought increased cooperation among prosecutors, with a rising number of anti-corruption enforcement actions combining the resources of prosecutors in multiple countries. ABB, Glencore and Danske Bank are three notable examples. This activity comes at the same time as Europe continues to lead the world in privacy and data protection requirements. Looking domestically, he points to statements by Lisa Monaco at the Department of Justice and the push to require certification of the effectiveness of the compliance program by the CEO and chief compliance officer. This could be a dramatic shift for compliance programs.  On the one hand, it could create stronger ties between the CEO and compliance, Matt observes. On the other hand, compliance officers would see greater personal risk, especially given the real likelihood that, despite a strong program, wrongdoing may occur. Whether certification truly becomes established practice, though, has yet to be seen. Thus far it has only been imposed in the context of recently signed DPAs. As a result, certification will come in three years, if at all. He notes that a change in Administration could see a reversal of the policy. What does he see in 2023? For one, a need for compliance teams to improve their ability to access and analyze data. The US Department of Justice has made it clear that it expects organizations to have robust compliance data analytics processes. Second, he sees increased data protection enforcement actions, both abroad and in the US. Listen in to learn more about what happened and what to expect for your compliance program in the year to come.

Welcome to the award-winning FCPA Compliance Report, the most senior podcast in compliance. In this episode, I have double trouble as I welcome Scott Garland and Zach Hafer. They worked together for many years at the US Attorney's Office for the District of Massachusetts, and both are now in private practice, Garland as a Managing Director at Affiliated Monitors, Inc. and Hafer as a Partner at Cooley LLP in Boston. Some of the highlights include: In this podcast Hafer considers DOJ corporate enforcement through the mechanisms of DPAs and NPAs based upon his tenure as the Criminal Chief. They discussed the need to balance approving prosecutions for general impact vs. based on the case's individual merits. We also consider how if at all did the Monaco Memo change DOJ focus. Garland leads us through a discussion of compliance issues within a prosecutor's office, why your compliance philosophy is so critical and some of the biggest issues and situations they both confronted while in the US Attorney's Office for the District of Massachusetts. We conclude this section with a discussion of receiving compliance advice: what worked and what did not. We conclude with a discussion of transitioning from DOJ to private practice and both Zach and Scott summarize some of the key questions they are getting from clients. Garland opines on key issues he sees for monitors after Monaco Memo and we conclude with why can proactive monitoring be such a powerful tool.  Resources Scott Garland at Affiliated Monitors Zach Hafer at  Cooley LLP Learn more about your ad choices. Visit megaphone.fm/adchoices

Olivia Summerhill is a consultant for ultra-high-net-worth women who need an expert to help them navigate the financial complexities of divorce. In this episode, Olivia encourages couples to have a frank and open conversation about money and finances before getting married or in a new relationship. She believes that it is important for everyone to understand their relationship with money in order to make sound financial decisions. In addition, Olivia offers advice on how to keep financial problems from becoming marital conflicts Highlights:   [00:07 - 08:18] Preparing for divorce: Tips for women The taboo topic of money and divorce is still a barrier to discussing these topics. It's important to have a conversation about money before getting married or divorced in order to prepare for the conflict that may come. Money is a complex topic and it's important to understand yourself and your relationship around it in order to have a successful conversation about finances. If you are not at a place emotionally and maturity-wise to have this conversation, you should reconsider getting married. [08:18 - 16:08] Financial Advisors Suggested Steps for Individuals in the Midst of a Divorce In her experience, 95% of clients come to her because they don't understand where the bodies are buried in their relationship. Husbands do it on purpose, or women just don't feel comfortable asking for financial help. Talking about finances and emotions with one another is the best way to avoid problems down the road. Communicating clearly with families is key in avoiding secrecy and other issues. [16:08 - 24:08] How to Handle Divorce Proceedings with Emotional Stability   You could do a lot online by seeing where everything is without uncovering it by talking to the other party. Olivia adds that it's important to talk about accounts having independent structures set around and bringing in the right people such as trust officers, DPAs, attorneys [24:09 - 32:02] Money Issues Can Lead to Divorce Couples who have money issues often don't communicate about finances, which can lead to tension and eventually divorce. One way to prevent money problems from arising is to have regular conversations about finances. Prenups and postnuptial agreements can help couples make sure their wishes about money are clear before they get divorced. [32:02 - 36:49] Closing Segment Visit http://www.summerhillfirm.com/ (www.summerhillfirm.com) for more information      Quotes:   “I'm always an advocate for preventative work in my personal life and in business, so anytime you can have conversations before something is actually truly needed is the best.” - Olivia Summerhill   Connect with Olivia Summerhill! Linkedin: https://www.linkedin.com/in/oliviasummerhill (https://www.linkedin.com/in/oliviasummerhill) Site: https://www.summerhillfirm.com/ (https://www.summerhillfirm.com) Podcast: https://open.spotify.com/show/4mAzSJfabFlWUOWhoaYrvZ (https://open.spotify.com/show/4mAzSJfabFlWUOWhoaYrvZ)   Connect with me onhttps://www.linkedin.com/in/brian-c-adams/ ( LinkedIn)! LIKE, SUBSCRIBE, AND LEAVE US A REVIEW on Apple Podcasts, Spotify, Google Podcasts, or whatever platform you listen on. Thank you for tuning in and Stay Tuned for the Next Episode COMING SOON!

By Adam Turteltaub For a time monitorships were, if not endangered, out of favor.  After many years of embracing them, the US Department of Justice had begun calling for cost benefit analyses and looking for alternatives. Then in 2021 Deputy Attorney General Lisa Monaco gave a speech announcing that the previous policy had been rescinded and that more monitorships would be coming in deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs). “I am making clear that the department is free to require the imposition of independent monitors whenever it is appropriate to do so in order to satisfy our prosecutors that a company is living up to its compliance and disclosure obligations under the DPA or NPA.” In this podcast Dykema's Mark Chutkow and Jason Ross explain what to expect when a monitor is appointed. First, recognize that different monitors will approach the job differently. You will need to understand if they are pragmatic, open-minded, familiar with the industry's risk and challenges, and have a record as a monitor. Typically, these questions are already answered since companies generally have a say in who their monitor will be. But, if your organization is the exception, do your homework on the monitor. Take time, too, to understand what the scope of the monitorship is. Also, make sure employees understand the role and benefits of a monitor. Leadership and the compliance team need to work to reduce  any negative impressions that employees may have so as to facilitate a construction relationship. To that end, take the time to educate employees that the monitorship will, in the long run, help them. Once the monitor arrives, expect him or her to want to conduct interviews with individual at all levels of the organization in an effort to better understand the company. The monitor will likely want to understand the pressures middle managers are under and the expectations they are setting for those who report to them. Front line workers will likely be asked if they are comfortable speaking up and raising issues. The monitor may even reach out to customers and suppliers. As for the compliance program, itself, expect the monitor to focus on whether it is properly resourced and implemented. Turning to the ongoing working relationship during the monitorship, they warn that there will be tension periodically since the monitor is an outsider, but there needs to be some level of unity to ensure that the relationship is productive. Finally, they discuss the importance of metrics.   The DOJ has made it clear that it expects data analytics from organizations when it comes to their compliance programs. Listen in to learn more about the changes and how to prepare for and succeed during a monitorship.

We all get distracted then feel bad after it has taken a lot longer to accomplish tasks. We feel overwhelmed. We feel buried. We feel like we have so much to do and so little time. In this episode, Nancy Becher and Christoph Nauer talk about how to eliminate distractions, the power of letting go and delegating lower level tasks so that you focus on your DPAs, Dollar Producing Activities. Christoph Nauer is a certified business coach, helping business owners increase productivity, profits, and improve personal life. He coaches business owners to work smarter, not longer to nurture yourself and your relationships, AND making more money with less stress. Connect with Guest: life@balance6.biz https://balance6.biz/about/ Connect with Nancy: The Gathering: A Business Mastermind has openings for May! Join us to see your business SOAR HIGHER! Need help to get your business moving? Set up a Curious Call with Nancy to discuss how she can help!  http://www.businesssuccessunlimited.com Want to be featured on an upcoming podcast? Let's talk! 

Today, Candice welcomes Sean Douglas of The Success Corps to talk about all things positioning and living to your highest standard! -    -    -    -    - Like what you hear? Make sure to share with your colleagues and loved ones, and rate and review us on iTunes! Show Notes: 0:40 - Sean shares how he get to where he is today 3:31 - What branding is - and is not 6:50 - On finding problems in the marketplace to solve 9:14 - What is "next level"? 17:23 - On hiring a coach and DPAs 18:47 - Ask where the business come from? And the role experience plays 24:43 - On networking 29:00 - What's next for Sean 35:00 - How to connect with Sean and wrap up

Coming up in this week's episode: Our thoughts on Ukraine, Hacktivists choose their side, Credit Suisse data leak, Redcar and Cleveland Borough Council data breaches, Massive NHS breach in Preston, Scottish Police Officer in court after accessing her own case file, Absa data breach update, Further data breach at Givesendgo identifies Freedom Convoy donors, DPC Annual Report, Deloitte reaches settlement in data breach class action, Australian Information Commissioner biannual report, Sea-Mar data breach, Oklahoma data breach reveals DNA data of sex assault victims, Arkansas Advantage Title and Escrow data breach, Google Check offers auto GDPR checks for app developers, Helen Dixon calls for meaningful comparisons between DPAs

 Down Payment Assitance "DPAs" are designed to make homes affordable for low to middle-income buyers. If you need some assistance with your Down Payment and Closing cost, you may have some options that can "Assist".  Let's take a look at how most of these programs work. 5 Pros and Cons.............    listen to the episode for the "Cons" Lol1.  Needing extra funds to cover your cost2.  You may not have to pay a Monthly Payment3.  Competitive Rates4.  Eliminate asking for Seller Help5.  Most DPAs can be approved by the LenderLet's stay in touchFollow me on IG @garyhomeloanshttps://instagram.com/garyhomeloans?r=nametagFacebookhttps://www.facebook.com/garyhomeloansGary Taylor | Sr. Loan Officergtaylor@afncorp.comwww.afncorp.com/garytaylorD: 302-469-0709 F: 302-467-2525Raziel Perez | Loan Officer Assistantrperez@afncorp.comD: 302-272-5649

Episode 9: Global Business Crime Outlook In our ninth episode Alison Saunders is joined by Adam Lurie, Elly Proudlock and our guest speaker, Christopher Kerrigan, Partner at Allens in which they discuss the current DPA regimes in the UK and US as well as the proposed new regime for Australia. We also focus on the challenges that the UK and US authorities have faced with DPAs and try to examine what issues a new Australian model might have.

Episode 9: Global Business Crime Outlook In our ninth episode Alison Saunders is joined by Adam Lurie, Elly Proudlock and our guest speaker, Christopher Kerrigan, Partner at Allens in which they discuss the current DPA regimes in the UK and US as well as the proposed new regime for Australia. We also focus on the challenges that the UK and US authorities have faced with DPAs and try to examine what issues a new Australian model might have.

 Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Today, Matt and Tom continue their look at the recent speech by DAG Lisa Monaco to the ABA White Collar Institute on some very significant change to white collar, including FCPA enforcement. Today we consider potential changes to DPAs and NPAs and other settlement mechanisms. Some of the issues we consider are: ·      Are DPAs and NPAs simply the cost of doing business? ·      Is the Wells Fargo growth cap a valid model? ·      What about greater DOJ or Monitor oversight?  ·      Longer terms for DPAs? ·      New enforcement tools coming? ·      New review of DPAs and NPAs. Resources Matt in Radical Compliance So What Happens Next with DPAs Tom in the FCPA Compliance and Ethics Blog Monaco Speech - Individual Accountability Monaco Speech - Monitors Text of DAG Monaco Speech Learn more about your ad choices. Visit megaphone.fm/adchoices

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Today, Matt and Tom have a rare emergency podcast on DAG Lisa Monaco's speech to the ABA White Collar Institute on some very significant change to white collar, including FCPA enforcement. Some of the issues we consider are: Return to the Yates Memo. Disavowal of the Benczkowski Memo. Change in the FCPA Corporate Enforcement Policy? Whither recidivists? New enforcement tools coming? New review of DPAs and NPAs? Resources Matt in Radical Compliance, Justice Dept. Unveils Big Compliance Shifts Text of DAG Monaco Speec Learn more about your ad choices. Visit megaphone.fm/adchoices

As the Tokyo Olympics stumble out of the gate and Tom returns to the wilds of the Texas Hill Country, he and Jay are back to take a look at this week's stories top compliance and ethics stories which caught their interest on This Week in FCPA in the No Fan Olympics edition.  Stories Why co-creation is key to design thinking in compliance. Carsten Tams continues his 5-part series on LinkedIn. Check out Tams Part 1 and Part 2 of his great 5-part series. What's going on with ESG in Europe. Vera Cherepanova in the FCPA Blog. What is social risk? Lawrence Heim in com. What's the current job market for compliance professionals? Matt Kelly in Radical Compliance. SFO secures two DPAs. Neil Hodge in Compliance Week (sub req'd) Responding to parallel investigations. Nicole Sprinzen and Catherine Yun in CCI. Auditing of SPACs. Francine McKenna takes a deep dive on The Dig. (Sub Req'd) EU Whistleblower Initiative? Keith Taylor in Navex Global's Risk and Compliance Matters. FTC signals more aggressive enforcement. Alexander Paul Okuliar and David J. Shaw NYU's Compliance and Enforcement The Enactment of Purpose Initiative. Wachtell, Lipton lawyers in the Harvard Law School Forum on Corporate Governance. Podcasts and Events In a sponsored 6-part podcast series Tom visits with folks from Exiger on its ground-breaking TP&SCRM framework, the TRADES Framework. Part 1-Transparency; Part 2-Risk Mitigation; Part 3-Assessing Risk; Part 4-Determining Mitigations; Part 5-Evaluating Uplift; Part 6, Supplier Monitoring. Tom and Megan Dougherty conclude their series on Loki, in Episode 6, For All Time. Always. They review the concluding episode of Season 1, look back over the entire series, review it in the context of the MCU series WandaVision and the Winter Soldier and Falcon and where the MCMultiverse may be headed. A new month on The Compliance Life! In July I visit with Asha Palmer, CECO at Convercent. In Episode 1, from Claire Huxable to the DOJ. In Episode 2, ‘What do you think about Abu Dhabi?' In Episode 3, she moves into compliance consulting and is surprised with what she observed. Are you a #GWICee? If you are not you should be. Join the co-hosts Lisa Fine and Mary Shirley for their fan fav lightening-round of listener submitted questions in this episode of Great Women in Compliance. What is the budget process for a corp compliance function? Kortney Nordrum lays it out for your in this episode of Survive and Thrive. Check out the video version on YouTube. The Compliance Handbook, 2nd edition is released. Learn about it here. Purchase it here. Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Matt Kelly, Jonathan Marks, Jonathan Armstrong and Jay Rosen for a deep dive into plethora of compliance topics. We end with a veritable mélange of rants and shouts outs.     Jonathan Armstrong Jonathan Armstrong reflects on the SFO’s 0-11 record in trying individuals, after corp DPAs have been signed. Armstrong delivers a shout out to the BBC for their podcast series Lazarus Heist. Jonathan Marks talks about the intersection of governance, fraud and corporate culture. Marks has his most epic rant ever, directed at Bob Baffert who claims he has no idea how his Kentucky Derby winning horse was drugged. Jay Rosen reviews a recent AMI, Integrity Through Compliance podcast on healthcare issues in 2021. Rosen shouts out to the GOAT Tom Brady and his return to New England in the 4th game of the 2021 NFL season. Matt Kelly discusses the recent Biden Administration Executive Order on Cybersecurity. Kelly shouts out to Moderna for its covid vaccine. Tom Fox shouts out to the 10,000 New York Yankee fans who so voraciously berated the Houston Astros as cheaters during a recent trip to Yankee Stadium that it hurt the feelings of those same cheaters. Additional Resources: Matt Kelly blog post on Radical Compliance, Parsing Biden’s Cybersecurity Order  See Cordery Compliance Client Alert, SFO Loses another case  Listen to the AMI podcast Integrity Through Compliance: Episode 8: From Business Opportunities to Compliance Risks: Healthcare Expectations in 2021  Jonathan Marks blog post on Board and Fraud, Governance, Fraud, and Corporate Culture: Sorting Through a Complicated Relationship  The members of the Everything Compliance are: Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com Jonathan Marks is Partner, Firm Practice Leader - Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network. Learn more about your ad choices. Visit megaphone.fm/adchoices

Let's talk. The moratorium, disconnects, DPAs, PrePay, capital credits, and more. In this episode about a lot of cooperative news and we also went Facebook LIVE. 

When companies break the law, prosecutors often turn to deferred or non-prosecution agreements to induce reform. But some criticize DPAs and NPAs as an escape hatch for companies to pay their way out of liability. Host Nathan Tschepik discusses DPAs, NPAs, their critics, and their future with Profs. Andrew Boutros (U. Chicago Law) and Brandon Garrett (Duke Law). To take a peek at some of these agreements, check out the Corporate Prosecution Registry (corporate-prosecution-registry.com). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

Your company has just made its largest acquisition ever and your CEO says that he wants you to have a compliance post-acquisition integration plan on his desk in one week. Where do you begin? Of course, you think about the 2020 FCPA Resource Guide, 2nd edition but you also remember that the established time frames in the enforcement actions involving Johnson & Johnson (J&J), Pfizer Inc. and DS&S and the Halliburton Opinion Release.  While there are time frames listed in these DPAs, they are a guide of timeframes, not a ‘how to’ guide and many compliance professionals struggle with how to perform these post-acquisition compliance integrations. The 2020 Update to the Evaluation of Corporate Compliance Programs asked the following questions, What has been the company’s process for tracking and remediating misconduct or misconduct risks identified during the due diligence process? What has been the company’s process for implementing compliance policies and procedures, and conducting post- acquisition audits, at newly acquired entities? Whatever compendium of steps you utilize for post-acquisition integration, they should be taken as soon as practicable. Three key takeaways:  Planning is critical in the post-acquisition phase. Build upon what you learned in pre-acquisition due diligence. You need to be ready to hit the ground running when a transaction closes.

Grammy nominated engineer, DPA microphones, & matcha tea

In our Corporate Crime & Investigations podcast we look to bring you timely and incisive commentary on key developments in the CC&I space.In this third episode we discuss recent activity regarding Deferred Prosecution Agreements (DPAs). We focus specifically on three DPAs secured by the Serious Fraud Office (SFO) involving Guralp Systems, Airbus and G4S Care and Justice Services. Speakers:  Kate Meakin, Partner and Stephen Thomson, Senior Associate (Australia and New Zealand)Further information:-CC&I Podcast Episode 1 on DPAs, including the DPA between the SFO and a company from the Serco Group -Our blog post on the Guralp Systems DPA -Our blog post on the Airbus DPA-Our blog post on the G4S DPA-Our webinar on DPAs, anti-bribery and corruption from UK, US, French and South African perspectives

In our Corporate Crime & Investigations podcast we look to bring you timely and incisive commentary on key developments in the CC&I space. In this third episode we discuss recent activity regarding Deferred Prosecution Agreements (DPAs). We focus specifically on three DPAs secured by the Serious Fraud Office (SFO) involving Guralp Systems, Airbus and G4S Care and Justice Services. Speakers: Kate Meakin, Partner and Stephen Thomson, Senior Associate (Australia and New Zealand) Further information: - CC&I Podcast Episode 1 on DPAs, including the DPA between the SFO and a company from the Serco Group https://hsfnotes.com/fsrandcorpcrime/2019/08/07/corporate-crime-investigations-podcast-episode-1-deferred-prosecution-agreements/ - Our blog post on the Guralp Systems DPA https://hsfnotes.com/fsrandcorpcrime/2020/01/06/sfo-secures-sixth-dpa/ - Our blog post on the Airbus DPA https://hsfnotes.com/fsrandcorpcrime/2020/02/10/airbus-and-sfo-enter-into-uks-largest-deferred-prosecution-agreement/ - Our blog post on the G4S DPA https://hsfnotes.com/fsrandcorpcrime/2020/08/10/g4s-dpa-sfo-secures-second-dpa-of-2020/ - Our webinar on DPAs, anti-bribery and corruption from UK, US, French and South African perspectives https://event.on24.com/eventRegistration/console/EventConsoleApollo.jsp?&eventid=2421280&sessionid=1&username=&partnerref=&format=fhaudio&mobile=&flashsupportedmobiledevice=&helpcenter=&key=C4BA4599943CFF7593A2C06ECD692233&newConsole=false&nxChe=true&text_language_id=en&playerwidth=748&playerheight=526&eventuserid=347130857&contenttype=A&mediametricsessionid=295511081&mediametricid=3424320&usercd=347130857&mode=launch

The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Jonathan Armstrong, co-founder of Cordery Compliance. We take a look back at the evolution of UK and EU laws around bribery, data privacy/data protection and modern slavery and the compliance response.     Some of the highlights include: The UK Bribery Act was a seminal law for international anti-corruption enforcement which brought another sheriff to town. How tech monopolies have led to greater enforcement in the UK and EU. How one person can make a change. Max Schrems was a law school student in 2011. How the US model of FCPA enforcement influenced regulators across the globe. The evolution of DPAs in the UK and elsewhere. Armstrong believes the fight against slavery is a job only half well done. Lineup  I hope you will listen in to each episode over this week. The lineup will be: Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement. Tuesday, August 25- Episode 496-Matt Kelly in changes he has observed in compliance from the business journalist perspective. Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective. Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit. Monday, August Episode 500-the Anniversary Episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

If you work in the Government acquisition world, this podcast is for you. (not just for Contracting Officers!)The Defense Production Act (DPA) is in the news due to COVID-19. You might also hear about rated contracts or rated orders. Listen and learn as Kevin and Paul explain how the DPA and DPAS compel companies to produce and deliver the Government's requirements before producing or delivering on any other commitments. _________If you enjoy our podcast, we invite you to check out the Skyway Community at skywaymember.com. The Skyway Community is the essential resource for anyone at any stage of starting, growing and running a government contracting business. We speak GovCon.Whether you are brand new to GovCon, just got your first contract, or you are already a successful government contractor, being a Skyway Community member will guide you to the next level.With our extensive tools and training, exclusive member discounts on consulting support, and a supportive and active community of peers to help you along the way, the Skyway Community is the perfect place for anyone who is serious about winning more contracts.Give us a call at 877-884-5280 or check us out at skywaymember.com. ___________Kevin Jans and Paul Schauer created the Contracting Officer Podcast to help government and industry acquisition professionals understand more about how the other side thinks. As former government Contracting Officers who have also walked in industry's shoes, Kevin and Paul share their perspectives in support of the podcast mission: Make government contracts better, one contract at a time. Admittedly, the podcast’s name sounds very limiting. It is not just for contracting officers or even just for those in the contracting profession. Anyone with an interest in the Federal acquisition world can benefit from the insight and down-to-earth explanations of complicated topics provided by the hosts.

Coming up in this week's episode of the GDPR Weekly Show: Covid19 data scams, phishing attacks and data breaches, Covid19 tracking app update, 1 in 10 remote workers believe they are not GDPR compliant, EU Commission investigates Hungarian action as a result of Covid19, Spending on compliance using up 40% of IT Security budgets and 43% of organisations have either reported data breaches or been reported to ICO for data breaches, Top 4 GDPR violations discovered by ICO and other DPAs, Massive data dump found on Internet, but no one knows who put it there or why, Interserve and BAM Construct suffer data breaches, GDPR breach alleged to Austrian Data Protection Authority over Android's use of the Android Advertising ID

Date Published:  April 17, 2020                                                                                     Episode #127     Welcome to Federal Contracting Made Easy (FCME), where we take the complex world of Government Contracting and break it into simple steps that anyone can master.  We are on episode number 127, and we are going to look at the COVID-19 Contract Performance & Guidance. Essential Business and Operations The government must restrict contract performance to those "Essential Business and Operations" contracts. But what is the definition of Essential Business and Operations? The following meets the government's requirements: Groceries & Medicine; Food, beverage, and licensed marijuana production & agriculture; Organizations that provide charitable and social services; Religious entities Media; First Amendment protected speech; Gas stations and businesses needed for transportation; Financial and Insurance Institutions Hardware & Supply Stores; Critical trades; Main, post, shipping logistics, delivery and pick-up services; Educational institutions; Laundry Services; Restaurants (Take out only) Supplies to work from home; Supplies for essential businesses and operations; Transportation; Home-base care and services; Residential facilities and shelters; Professional Services; Manufacture, distribution, and supply chain for critical products & Industries; Critical labor union functions;     Hotels and motels; and Funeral Services.   Next, we will look at Shelter-in-place. Shelter-in-place Shelter-in-place orders are handled differently depending on the state. Some states require all non-essential businesses and operations to stop. Others have stated that non-essential businesses may continue to conduct Minimum Basic Operations. Minimum Basic Operations What does Minimum Basic Operations mean? Any activity to maintain the value of the company's inventory or preserve the condition of a company's' physical plant and equipment. Also, the following functions: security, payroll, and employee benefits or related functions. Lastly, any activity to facilitate employees working from home. Review Contracts As we have discussed in earlier blogs, you must review your contract clauses. Especially if you find that your business does provide essential services, but you cannot perform them due to interruptions in the supply chain, or decreased laborers. What should you be looking for? That is coming up next. Force Majeure Clause Review your contracts for a "Force Majeure Clause." A Force Majeure Clause allows for an excusable delay. What is an excusable delay? According to the Federal Acquisition Regulation (FAR) 52.249-14, an excusable delay includes, among other things, acts of God, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. So you see, this clause fits the epidemic happening in the world today. No Force Majeure Clause If your contract does not contain a Force Majeure Clause, you may also seek relief through other common law doctrines of impossibility and impracticability. These doctrines may not fit all contracts, so check with your attorney. File an Insurance Claim Lastly, you could review your insurance policy as it may contain a provision for relief in this situation. Also, talk to your contracting officer. They understand the present situation and will work with you. Remember that failure to perform the contract result in a default, which brings significant ramifications. Defense Production Act President Trump invoked a wartime law that makes supplies to the Federal Government the top priority. Specifically, for medical equipment and supplies.  The government has the authority to go to the top of the line and force contractors to prioritize the sales of goods to the government before selling to consumers or other private purchasers. DX and DO Ratings You must review any active or new government orders for DPAS ratings. These DPAS orders will include a field indicating the level of DPAS rating. The rating is either "DX" or "DO." DX orders are higher than DO orders. DO orders must be prioritized over non-DPAS orders.   Make sure that you review your orders for these DPAS rating and pay attention as you must respond within a set timeframe to the agency. Small Business Loans We have discussed SBA Small Business loans in detail in previous episodes. SBA Disaster loans and Payroll Protection Program (PPP) loans are available to small businesses. Please be patient as SBA is experiencing a high volume, and the application process can take up to 21 days. Eight Recommendations Preparation is key.   Spend your time now researching your contracts to determine the types of relief contained for pandemics and natural disasters. Review your contracts to determine if they contain DPAS. Plan now to comply with state/federal law. Keep track of incurred costs over and above the contract for compliance. Communicate with your contracting officer and let them know your current capabilities and any accommodations that might be required. Submit requests for equitable adjustment as soon as possible to your contracting officer. Update your sick leave policies and reinforce key messages to your employees. Example: stay home when they are ill or have any COVID-19 symptoms. Be prepared to change business plans if needed to maintain critical operations. Summary   Please take the time now to review your contracts for the Force Majeure clause or other common law doctrines of impossibility and impracticability. Also, consider reviewing the eight steps listed above to help prepare your business.   For more articles, please click here.   Support our channel:   Continued support:  http://bit.ly/FCMEPatreon One-Time Support:  https://www.paypal.me/FCME801    

In my last corporate position, my company was at the compliance forefront because we required compliance related audits for vendors in the supply chain. This was cutting edge in 2007-08. However, now an audit for adherence to compliance requirements has become a standard best practice in the management of business relationships with third-party vendors in the supply chain. In several settlements of enforcement actions through both DPAs and NPAs, in the 2012 FCPA Guidance and, most recently, in the 2019 Guidance, the DOJ made it clear that a best practices compliance program includes the right to conduct audits of the books and records of its suppliers to ensure compliance. Many companies have yet to begin their audit process for FCPA compliance on vendors in their supply chain. This is a missed opportunity from both the compliance perspective and greater business efficiency. Any organization which audits a business partner in its supply chain should consult with legal, audit, financial and supply chain professionals to determine the full scope of the audit and a thorough and complete work plan should be created based upon all these professional inputs. After an audit, an audit report should be issued. This audit report should detail incidents of non-compliance with the compliance program and recommendations for improvements. Any reported incidents of non-compliance should reference the basis, such as contractual clauses, legal requirement or company policies.  Three key takeaways:  Is your supply chain vendor committed to the audit process? Capture the data, analyze the data, report on the data. Supply chain audits are no longer cutting edge but are now simply best practices.

The Defense Production Act of 1950 has been dormant for decades. Join me as Stephen Knight, Partner at Smith Pachter McWhorter explains what DPAS is and it's impact to contractors as it related to COVID-19, three executive orders and the meaning of a "rated" contract.

In this chapter, we will consider innovation in compliance from a variety of angles including artificial intelligence (AI) and computer technology (ComTech), structural innovations, tools and tactics and innovation in leadership. This will provide you a number of solid ideas you can use to move your compliance program forward. Begin by considering the starting point, which is an innovation strategy. In the most recent DPAs and NPAs issued by the DOJ they all include an element along the following strictures: The Company will conduct periodic reviews and testing of its anti-corruption compliance code, policies, and procedures designed to evaluate and improve their effectiveness in preventing and detecting violations of anti-corruption laws and the Company’s anti-corruption code, policies, and procedures, taking into account relevant developments in the field and evolving international and industry standards.  This means that the DOJ expects innovation in your compliance program to keep up with evolving international and industry standards. This requires you to implement an innovation strategy. Three key takeaways: Both the DOJ and SEC expect innovation in your compliance program. Innovation in compliance should have a strategy going forward. The key is to demonstrate how the compliance innovation will benefit the business going forward. For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit this month’s sponsor Affiliated Monitors at www.affiliatedmonitors.com.

In this show I caught up with fellow learning technologists Matt and Paolo to discuss the various conferences and training events we attended over the last couple of weeks. Including BETT, AUA, Microsoft Teams and the Assistive Technology Network meet up. I also chat to our head of Technology Enhanced learning David Walked and relatively new member of staff Faye Tucknott (I may or may not have needed to ask how best to say her surname!) about the Digital Practice Awards (DPAs). The DPAs is our annual grant giving initiative to support and promote innovation in teaching and learning with technology at the University of Sussex. As ever you can check out the links below and get in touch with us on Twitter, details below. Sussex TEL Dan Axson Matt Taylor Paolo Oprandi Faye Tucknott David Walker

Jennifer Arlen, professor of law at New York University, joins the Business Scholarship Podcast to discuss her recent paper The Potential Promise and Perils of Introducing Deferred Prosecution Agreements Outside the U.S. In this paper, Arlen examines recent British and French efforts to introduce U.S.-style DPAs in corporate enforcement. She explains that although these efforts offer rule-of-law improvements over the U.S. approach, they are not yet fully aligned to helping prosecutors detect and deter corporate misconduct. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

Episode 12 is with Attorney Debra Rahmin Silberstein, Partner at Burns & Levinson LLP in Boston. Attorney Silberstein specializes in trusts and estates, tax-related matters and elder law planning. Debra has extensive experience working with families where mental health planning is a priority and uses creative techniques to assist clients in reaching their goals. Debra is a graduate of Syracuse University where she earned a B.A. in Economics and obtained her J.D. from Hofstra University School of Law in 1984. Debra then obtained a Ph.D. in Social Policy from the Heller School at Brandeis University in August 2009. Debra has over twenty-five years of legal experience and is an active member of the Massachusetts Bar Association and was the 2018 recipient of the Powley Elder Law Award. Today she is going to be talking with us about legal remedies for families coping with long term mental health issues. She is going to speak about alternatives to guardianship as well as other topics. This is part 2 of two podcasts focused on legal remedies in mental health. If you want to learn more about legal remedies that can be used during crises, please listen to Part 1 with Lisa Cukier. Debra will be telling us more about how to integrate into long term mental health planning the use of a durable power of attorney’s, health care proxies, psychiatric advanced directives and discretionary trusts with incentives. Three main talking points: 1. A brief overview of what guardianship is and who the people are who seek this legal intervention. We will also discuss some of the challenges and limitations of guardianship. 2. What alternatives to guardianship exist and in most instances are preferable? Alternatives such as DPOA’s (or durable powers of attorney), healthcare proxies and incentivized trusts. We will also discuss the importance of using a team approach when accessing any of these legal remedies. 3. PAD’s or psychiatric advanced directives. What they are, why everyone with a mental health issue needs one, and how they are written. Virgil and Debra also talk more about the DPAs and HCPs. These are critical tools, and aside from steps we one take to minimize “revocation” in a crisis, families should know who should serve in these roles, how to use of teams (or committees), family members and social workers etc.

In this episode I visit with Sacha Harber-Kelly, a partner at Gibson Dunn in the UK and Steve Melrose, a senior Associate at the firm. They authored what I think is one of the best summaries of the recent Serco Graphic Deferred Prosecution Agreement and they came on the podcast to flesh out some of their thoughts on the matter. Highlights from the podcast include: 1.     What is the significance of this Serco DPA?2.     What was the court’s analysis?3.     Why did the court deem the DPA in the interest of justice?4.     What did the court say about the seriousness of the conduct?5.     What was the company’s cooperation and how did that play into the court’s analysis?6.     What would have been the collateral consequences to the company had it been convicted at trial?7.     How did the court view the strength of the evidence brought forward by the SFO?8.     What was the court’s discussion around whether or not the terms of the DPA fair reasonable and proportionate?9.     What is the significance of postponement of the Statement of Facts?10.  Does the Serco Geografix DPA provide any additional guidance beyond prior DPAs issued in the UK? For more information on Sacha Harber-Kelly, check out his LinkedIn profile here. For more information on Steve Melrose, check out his LinkedIn profile here. To read the full client alert, The SFO’s Fifth DPA – High Five or Down Low? Too Slow ! click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Tom is back from Keynoting at the Le Circle De La Compliance in Paris. After the July 4thcelebrations he and Jay are back with a host of news from the world of compliance and ethics.  They are back  to discuss some of this week’s top compliance and ethics stories which caught their collective eyes.  1.    More Walmart. Dylan Tokar on the attorney/client waiver issue which arose during the case and what it may mean for the issue going forward. How and why was the Walmart monitorship issue decided. 2.    How can subcultures work to poison a corporate culture. 3.    What is the significance of the TechnipFMC Deferred Prosecution Agreement? 4.    SFO agrees to DPA (subject to court approval) with SERECO.5.    France moving towards more DPAs. 6.    CTFC awards whistleblowers $2MM. 7.    Why is ‘too good to be true’ still a correct maxim? 8.    First sitting compliance officer nominated to federal bench. 9.    Under CCPA is the biggest risk privacy or cyber security? 10. Have you checked in on Trekkng Through Compliance? If not sample of this week’s exploration of Star Trek-the Original Series and compliance. Check out the following: Monday-Who Mourns for Adonais?; Tuesday-The Changeling; Wednesday-Mirror Mirror; Thursday-The Appleand Compliance; and Friday-The Doomsday Machine.   The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights,  Compliance Podcast Networkand now on the C-Suite Radio Network.  Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, in Episode 44 Tom Fox sits in for Mike Volkov, who is on assignment.   Jonathan Armstrong discusses a recent presentation he saw by the OECD on some of the key and current numbers on the global fight against bribery and corruption. Jonathan shouts out to Nicola Howard QC for her work on DPAs in the UK and the British Airways for its pizza delivery service from London to Lagos.Matt Kelly details the recent SEC whistleblower award to two individuals of $50MM. There were multiple claimants and the award detailed what the SEC values in terms of information. He also discusses the award in the context of the Trump administration’s attempt to gut the SEC whistleblower program. Matt rants on the unqualified Trump nominee for the Fed, Stephen Moore.Jay Rosen talks about how the #MeToocontinues to resonate in Hollywood as yet another studio executive is forced to resign. This time the scandal is not about power over another but about the conflicts which arise when some in a relationship uses his power to promote his paramour over others. It is also about how the studio internal investigations continue to clear the studio execs of any wrongdoing. Jay shouts out to Matt Kelly for attending the SCCE Regional event in Boston.Tom Fox, sitting in for Mike Volkov discusses a compliance-based solution to help manage the opioid crisis. He shouts out to (now) former Wells Fargo CEO Tim Sloan for admitting the abysmal job he did in the wake of the fraudulent account scandal by resigning and rants on Wells Fargo which cannot seem to move beyond the scandal.The members of the Everything Compliance panelist are:Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.comMike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.comJonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.comThe host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the only roundtable podcast in compliance. Today, in Episode 44 Tom Fox sits in for Mike Volkov, who is on assignment.   Jonathan Armstrong discusses a recent presentation he saw by the OECD on some of the key and current numbers on the global fight against bribery and corruption. Jonathan shouts out to Nicola Howard QC for her work on DPAs in the UK and the British Airways for its pizza delivery service from London to Lagos.Matt Kelly details the recent SEC whistleblower award to two individuals of $50MM. There were multiple claimants and the award detailed what the SEC values in terms of information. He also discusses the award in the context of the Trump administration’s attempt to gut the SEC whistleblower program. Matt rants on the unqualified Trump nominee for the Fed, Stephen Moore.Jay Rosen talks about how the #MeToocontinues to resonate in Hollywood as yet another studio executive is forced to resign. This time the scandal is not about power over another but about the conflicts which arise when some in a relationship uses his power to promote his paramour over others. It is also about how the studio internal investigations continue to clear the studio execs of any wrongdoing. Jay shouts out to Matt Kelly for attending the SCCE Regional event in Boston.Tom Fox, sitting in for Mike Volkov discusses a compliance-based solution to help manage the opioid crisis. He shouts out to (now) former Wells Fargo CEO Tim Sloan for admitting the abysmal job he did in the wake of the fraudulent account scandal by resigning and rants on Wells Fargo which cannot seem to move beyond the scandal.The members of the Everything Compliance panelist are:Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.comMike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.Matt Kelly– Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.comJonathan Armstrong– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.comThe host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode I talk about some of the best audiences for Facebook cold prospecting. That is, audiences that you want to target when you are trying to get new customers to your business. The Two main audiences I go over are Super lookalike audiences and broad match dynamic product audiences (DPAs). If you are not familiar with with either of these you are in for a treat. One note, in order to use dynamic product audiences, you will have to have a dynamic product feed setup. If you don't have this, you can check out one of Facebook's tutorials on how you can setup your dynamic product feed. Generally speaking, dynamic product feeds are best to use when you have multiple products you are are advertising for. A great example is an ecommerce business with multiple product lines. If you don't have multiple products or don't want to setup a dynamic product feed you can just focus on the second type of audience. The second type of audience is the Super Lookalike audiences. These audiences are basically layered combinations of look alike audiences that you use to target audiences that look like the type of people who would visit your site or purchase your product. In the case of Super Lookalike audiences, these audiences have a higher density of potential purchasers then a normal look alike audience. This is because of the overlap of the audiences you are combining. You can think of the audiences like a set of concentric circles. These types of audiences help if you haven't done much cold prospecting as you will get through the "training" period all new adsets have to get through on the facebook ads platform. Keep in mind that once you start getting good performance with these ads, you should split them out so that you can maximize the conversions you are getting from each individual look alike audience.

In the final instalment of the SNC-Lavalin mini-series, I examine Deferred Prosecution Agreements (DPAs). What is missing is a real understanding of what DPAs are and its effects on the Criminal Code. Sources used include the following: https://www.cbc.ca/news/politics/snc-lavalin-trudeau-bribery-fraud-wilson-raybould-1.5020498 https://www.tpsgc-pwgsc.gc.ca/ci-if/ar-cw/documents/rapport-report-eng.pdf Justifications and Purposes of Negotiated Justice for Corporate Offenders: Deferred and Non-Prosecution Agreements in the UK and US systems of Criminal Justice Federico Mazzacuva, 2014, Journal of Criminal Law: 249. The Effect of Deferred and Non-Prosecution Agreements on Corporate Governance: Evidence from 1993-2013 Author(s): Wulf A. Kaal and Timothy A. Lacine Source: The Business Lawyer, Vol. 70, No. 1 (Winter 2014–2015), pp. 63 Published by: American Bar Association Justice department's use of DPAs causes backlash Jaclyn Jaeger Compliance Week. 10.110 (Mar. 2013): p32+. Copyright: COPYRIGHT 2013 Wilmington Compliance Week, Inc https://www.complianceweek.com What Happens to a Prosecution Deferred? Judicial Oversight of Corporate Deferred Prosecution Agreements Author(s): Benjamin M. Greenblum Source: Columbia Law Review, Vol. 105, No. 6 (Oct., 2005), pp. 1868. Published by: Columbia Law Review Association, Inc. DOJ's Use of DPAs in Healthcare, Kathleen M. Boozang, and Simone Handler-Hutchison, American Journal of Law and Medicine, 2009, 89-124. --- Support this podcast: https://anchor.fm/strongandfree/support

The Patriots won the Super Bowl (yet again). Even more significantly This Week in FCPA is now on Spotify. To celebrate, Tom and Jay are back to at some of this week’s top compliance and ethics stories which caught their collective eyes.  1.    Goldman Sachs considers clawbacks from former execs involved in the 1MDB scandal. 2.    What were last year’s trends in NPAs and DPAs.3.    Stupid CEO remarks=new activist investor on Board. 4.    An intriguing analysis of the Wells Fargo scandal. 5.    Bring out your dead.6.    It’s Friday afternoon. Where are your bankers? 7.    Why is tennis so susceptible to corruption? 8.    Is your organization’s culture toxic? How can you assess it? 9.    Did the Commerce Department violate federal law in a monitor selection? 10. Tom has a 5-part podcast series on moving from disconnected to connected compliance, sponsored by GAN Integrity.11. Tom and Jay are speaking at the Assent Compliance, Supply Chain Conference in San Diego, on February 13. If you are interested in supply chain, compliance or the FCPA, please come by and check it out. Registration and agenda are available here.  Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

The Patriots won the Super Bowl (yet again). Even more significantly This Week in FCPA is now on Spotify. To celebrate, Tom and Jay are back to at some of this week’s top compliance and ethics stories which caught their collective eyes.   1.    Goldman Sachs considers clawbacks from former execs involved in the 1MDB scandal. 2.    What were last year’s trends in NPAs and DPAs.3.    Stupid CEO remarks=new activist investor on Board. 4.    An intriguing analysis of the Wells Fargo scandal. 5.    Bring out your dead.6.    It’s Friday afternoon. Where are your bankers? 7.    Why is tennis so susceptible to corruption? 8.    Is your organization’s culture toxic? How can you assess it? 9.    Did the Commerce Department violate federal law in a monitor selection? 10. Tom has a 5-part podcast series on moving from disconnected to connected compliance, sponsored by GAN Integrity.11. Tom and Jay are speaking at the Assent Compliance, Supply Chain Conference in San Diego, on February 13. If you are interested in supply chain, compliance or the FCPA, please come by and check it out. Registration and agenda are available here.  Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is       Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.   For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.  Learn more about your ad choices. Visit megaphone.fm/adchoices

We had a unique opportunity in talking with data privacy attorney Sheila FitzPatrick. She lives and breathes data security and is recognized expert on EU and other international data protection laws. FitzPatrick has direct experience in representing companies in front of EU data protection authorities (DPAs). She also sits on various governmental data privacy advisory boards. During this first part of the interview with her, we focused on the new General Data Protection Regulation (GDPR), which she says is the biggest overhaul in EU security and privacy rules in twenty years. One important point FitzPatrick makes is that the GDPR is not only more restrictive than the existing Data Protection Directive—breach notification, impact assessment rules—but also has far broader coverage. Cloud computing companies no matter where they are located will be under the GDPR if they are asked to process personal data of EU citizens by their corporate customers. The same goes for companies (or controllers in GDPR-speak) outside the EU who directly collect personal data – think of any US-based e-commerce or social networking company on the web. Keep all this in mind as you listen to our in-depth discussion with this data privacy and security law professional. Transcript Cindy Ng Sheila FitzPatrick has over 20 years of experience running her own firm as a data protection attorney. She also serves as outside counsel for Netapp as their chief privacy officer, where she provides expertise in global data protection compliance, cyber security regulations, and legal issues associated with cloud computing and big data. In this series, Sheila will be sharing her expertise on GDPR, PCI compliance, and the data security landscape. Andy Green Yeah, Sheila. I'm very impressed by your bio and the fact that you've actually dealt with some of these PPA's and EU data protection authorities that we've been writing about. I know there's been, so the GPDR will go into effect in 2018, and I'm just wondering what sort of the biggest change for companies, I guess they're calling them data controllers, in dealing with DPA's under the law. Is there something that comes to mind first? Sheila FitzPatrick And thank you for the compliment by the way. I live and breathe data privacy. This is the stuff I love. GPR ...I mean is certainly the biggest overhaul in 20 years, when it comes to the implication of new data privacy regulations. Much more restrictive than what we've seen in the past. And most companies are struggling because they thought what was previously in place was strict. There's a couple things that stick out when it comes GDPR, is when you look at the roles of the data controller verses the data processor, in the past many of the data processors, especially when you talk about third party outsourcing companies and any particular cloud providers, have pushed sole liability for data compliance down to their customers. Basically, saying you decide what you're going to put in our environment, you have responsibility for the privacy and security aspects. We basically accept minimal responsibility. Usually, it's around physical security. The GDPR now is going to put very comprehensive and very well-defined regulations and obligations in place for data processors as well. Saying that they can no longer flow responsibility for privacy compliance down to their customers. And if they're going to be... even if they... often times, cloud providers will say, "We will comply with the laws in countries where we have our processing centers." And that's not sufficient under the new laws. Because if they have a data processing center say in in UK, but they're processing the data of a German citizen or a Canadian citizen or someone from Asia Pacific, Australia, New Zealand, they're now going to have to comply with the laws in those countries as well. They can't just push it down to their customers. The other part of GDPR that is quite different and it's one of the first times it's really going to be put into place is that it doesn't just apply to companies that have operations within the EU. It is basically any company regardless of where they're located and regardless of whether or not they have a presence in the EU, if they have access to the personal data of any EU citizen they will have to comply with the regulations under the GDPR. And that's a significant change. And then the third one being the sanction. And the sanction can be 20,000,000 euro or 4% of your global annual revenue, whichever is higher. That's a substantial change as well. Andy Green Right, So that's some big, big changes. So you're referring to I think, what they call 'territorial scope'? They don't have to necessarily have an office or an establishment in the EU as long as they are collecting data? I mean we're really referring to social media and to the web commerce, or e-commerce. Sheila FitzPatrick Absolutely, but it's going to apply to any company. So even if for instance you say, "Well, we don't have any, we're just a US domestic company", but if you have employees in your environment that hold EU citizenship, you will have to protect their data in accordance with GDPR. You can't say, well they're working the US, therefore US law applies. That's not going to be the case if they know that the individual holds citizenship in the EU. Andy Green We're talking about employees, or...? Sheila FitzPatrick Could be employees, absolutely. Employees... Andy Green Anybody? Sheila FitzPatrick Anybody. Andy Green Isn't that interesting? I mean one question about this expanded territorial scope, is how are they going to enforce this against US companies? Or not just US, but any company that is doing business but doesn't necessarily have an office or an establishment? Sheila FitzPatrick Well it can be... see what happens under GDPR is any individual can file a complaint with the ports in basically any jurisdiction. They can file it at the EU level. They can file with it within the countries where they hold their citizenship. They can file it now with US courts, although the US courts... and part of that is tied to the new privacy shield, which is a joke. I mean, I think that will be invalidated fairly quickly. With the whole Redress Act, it does allow EU citizens to file complaints with the US courts to protect their personal data in accordance with EU laws. Andy Green So, just to follow through, if I came from the UK into the US and was doing transactions, credit card transactions, my data would be protected under EU law? Sheila FitzPatrick Well, if the company knows you're an EU citizen. They're not going to necessarily know. So, in some cases if they don't know, they're not going to held accountable. But if they absolutely do know then they will have to protect that data in accordance with UK or EU law. Well, not the UK... if Brexit goes through, the EU law won't matter. The UK data protection act will take precedence. Andy Green Wow. You know it's just really fascinating how the data protection and privacy now is just so important. Right, with the new GPDR? For everybody, not just the EU companies. Sheila FitzPatrick Yeah, and its always been important, it's just the US has a totally different attitude. I mean the US has the least restrictive privacy laws in the world. So for individuals that have really never worked or lived outside of the US, the mindset is very much the US mindset, which is the business takes precedence. Where everywhere else in the world, the fundamental right to privacy takes precedence over everything. Andy Green We're getting a lot of questions from our customers the new Breach Notification rule... Sheila FitzPatrick Ask me. Andy Green ...in the GDPR. I was wondering if you could talk about... What are one the most important things you would do when you discover a breach? I mean if you could prioritize it in any way. How would you advise a customer about how to have a breach response program in a GDPR context? Sheila FitzPatrick Yeah. Well first and foremost you do need to have in place, before a breach even occurs, an incident response team that's not made up of just the IT. Because normally organizations have an IT focus. You need to have a response team that includes IT, your chief privacy officer. And if the person... normally a CPO would sit in legal. If he doesn't sit in legally, you want a legal representative in there as well. You need someone from PR, communications that can actually be the public-facing voice for the company. You need to have someone within Finance and Risk Management that sits on there. So the first thing to do is to make sure you have that group in place that goes into action immediately. Secondly, you need to determine what data has potentially been breached, even if it hasn't. Because under GDPR, it's not... previously it's been if there's definitely been a breach that can harm an individual. The definition is if it's likely to affect an individual. That's totally different than if the individual could be harmed. So you need to determine okay, what data has been breached, and does it impact an individual? So, as opposed to if company-related information was breached, there's a different process you go through. Individual employee or customer data has been breached, the individual, is it likely to affect them? So that's pretty much anything. That's a very broad definition. If someone gets a hold of their email address, yes, that could affect them. Someone could email them who is not authorized to email them. So, you have to launch into that investigation right away and then classify the data that has been any intrusion into the data, what that data is classified as. Is it personal data? Is it personal sensitive data? And then rank it based on is it likely to affect an individual? Is it likely to impact an individual? Is it likely to harm an individual? So there could be three levels. Based on that, what kind of notification? So if it's likely to affect or impact an individual, you would have to let them know. If it's likely to harm an individual, you absolutely have to let them know and the data protection authorities know. Andy Green And the DPA, right? So, if I'm a consumer, the threshold is... in other words, if the company's holding my data, I'm not an employee, the threshold is likely to harm or likely to affect? Sheila FitzPatrick Likely to affect. Andy Green Affect. Okay. That's a little more generous in terms of... Sheila FitzPatrick Right. Right. And that has changed, so it's put more accountability on a company, because you know that a lot of companies have probably had breaches and have never reported them. So, because they go oh well, there was no Social Security Number, National Identification number, or financial data. It was just their name and their address and their home phone number or their cell phone. And the definition previously has been well, it can't really harm them. We don't need to let them know. And then all of a sudden people's names show up on these mailing lists. And they're starting to get this unsolicited marketing. And they can't determine whether or not... how did they get that? Was it based on a breach or is it based on trolling the Internet and gathering information and a broker selling that information? That's the other thing. Brokers are going to be impacted by the new GDPR, because in order to sell their lists they have to have explicit consent of the individual to include their name on a list that they're going to sell to companies. Andy Green Alright. Okay. So, it's quite consumer friendly compared to what we have in the US. Sheila FitzPatrick Yes. Andy Green Is there sort of new rules about what they call sensitive data? And if you're going to process certain classes of sensitive data, you need approval from the... I think at some point you might need approval from the DPA? You know what I'm referring to? I think it's the... Sheila FitzPatrick Yes. Absolutely. I mean, that's always been in place in most of the member states. So, if you look at the member states that have the more restrictive data privacy laws like Germany, France, Italy, Spain, Netherlands, they've always had the requirement that you have to register the data with the data protection authorities. And in order to collect and transfer outside of the country of origination any sensitive data, it did require approval. The difference now is that any personal data that you collect on an individual, whether it's an employee, whether it's a customer, whether it's a supplier, you have to obtain unambiguous and freely given explicit consent. Now this is any kind of data, and that includes sensitive data. Now the one difference with the new law is that there are just a few categories which are truly defined as sensitive data. That's not what we think of sensitive data. We think of like birth date. Maybe gender. That information is certainly considered sensitive under... that's personal data under EU law and everywhere else in the world, so it has to be treated to a high degree of privacy. But the categories that are political/religious affiliation, medical history, criminal convictions, social issues and trade union membership: that's a subset. It's considered highly sensitive information in Europe. To collect and transfer that information is going to now require explicit approval not only from the individual but from the DPA. Separate from the registrations you have done. Andy Green So, I think what I'm referring to is what they call the Impact Assessment. Sheila FitzPatrick Privacy Impact Assessments have to be conducted now anytime... and we've always... Anytime I've worked with any company, I've implemented Privacy Impact Assessments. They're now required under the new GDPR for any collection of any personal data. Andy Green But sensitive data... I think they talked about a DNA data or bio-related data. Sheila FitzPatrick Oh no. So, what you're doing... What happened under GPDR, they have expanded the definition of personal data. And so that not the sensitive, that's expanding the definition of personal data to include biometric information, genetic information, and location data. That data was never included under the definition of personal data. Because the belief was, well you can't really tie that back to an individual. They have found out since the original laws put in place that yes you can indeed tie that back to an individual. So, that is now included into the definition. Andy Green In sort of catching up a little bit with that technology? Sheila FitzPatrick Yeah. Exactly. But part of what GPDR did was it went from being a law around processing of personal data to a law that really moves you into the digital age. So, it's anything about tracking or monitoring or tying different aspects or elements of data together to be able to identify a person. So, it's really entering into the digital age. So, it's trying to catch up with new technology. Andy Green I have one more question on the GDPR subject. There's some mention in the law about sort of outside bodies can certify...? Sheila FitzPatrick Well, they're talking about having private certifications and privacy codes. Right now, those are not in place. The highest standard you have right now for privacy law is what's call Binding Corporate Rules. And so companies that have their Binding Corporate rules in place, there's only less than a hundred companies worldwide that have those. And actually, I've written them for a number of companies, including Netapp has Binding Corporate rules in place. That is the gold standard. If you have BCRs, you are 90% compliant with GDPR. But the additional certifications that they're talking about aren't in place yet. Andy Green So, it may be possible to get a certification from some outside body and that would somehow help prove your... I mean, so if an incident happens and the DPA looks into it, having that compliance should help a little bit in terms of any kind of enforcement action? Sheila FitzPatrick yes, it certainly will once they come up with what those are. Unless you have Binding Corporate Rules. But right now... I mean if you're thinking something like a trustee. No. there is no trustee certification. Trustee is a US certification for privacy, but it's not a certification for GDPR. Andy Green Alright. Well, thank you so much. I mean these are questions that, I mean it's great to talk to an expert and get some more perspective on this.

Die Social Marketing Nerds steigen in der Podcast-Folge 11 auf eine neue Flughöhe und widmen sich mit Interviewgast Andreas Grimm den Dynamic Ads. Was sind die technischen Herausforderungen? Welche Felder müssen im Produktkatalog ausgefüllt werden? Wozu dient die Broad Audience? Und: Als Hack erklärt er, wie DPAs auch für die Content-Distribution genutzt werden können.

Die Social Marketing Nerds steigen in der Podcast-Folge 11 auf eine neue Flughöhe und widmen sich mit Interviewgast Andreas Grimm den Dynamic Ads. Was sind die technischen Herausforderungen? Welche Felder müssen im Produktkatalog ausgefüllt werden? Wozu dient die Broad Audience? Und: Als Hack erklärt er, wie DPAs auch für die Content-Distribution genutzt werden können.

  Here’s the deal with Dynamic Product Ads or “DPAs” as you might know them. Everyone is using them and they work well. But as you’ll learn in today’s episode, the effectiveness of DPAs can create some unique problems for ad buyers. WFor example, you might have a DPA with a high return on ad spend and a low relevance score. Meaning it’s driving sales but people are indicating they don’t want to see it. How confusing is that!? In this episode, you’ll learn how to tweak your DPAs for top performance. We’ll talk about managing frequency, bidding, copywriting, and why you need to be thinking about your prospecting traffic. It’s a bit technical but if you’re running these ads (or want to) you’ll get a ton out of this episode. Enjoy! Episode Highlights 6:10 The biggest error in how most brands are structuring their dynamic product ads (DPAs). 8:05 Why turning up the spend on your successful DPA may actually be killing your audience. 9:25 How to structure your DPA budgets so you're ad frequencies don't skyrocket. 11:06 Why you need to watch your DPAs over time and the key things you should be watching for. 12:12 How changing copy of even top performing DPAs on a weekly basis can increase your results. 14:00 The step by step process you should take to improving your DPAs. Links and Resources Facebook Dynamic Product Ads Brand Growth Experts Foxwell Digital   Sponsor: Klaviyo If you’re running an ecommerce business and sending emails to your customers, you should be using Klaviyo. It will help you find out who your best customers are and target them one-to-one to make more money. I’ve been using Klaviyo since they were just two employees. Now they have a team of 150 and are rolling out new features almost weekly. If you aren’t already a customer, head over to www.ecommerceinfluence.com/klaviyoand you’ll get a free trial + priority on-boarding. Sponsor: Sezzle Looking for an easy and effective way to increase your e-commerce site's conversion rate while also providing your customers a simple and convenient way to pay? Then Sezzle is the payment app you've been looking for. Sezzleallows your customers to buy now and pay in monthly installments. Sezzle settles up directly with the merchant through the purchase process and handles all verification and repayments directly with the customer so you never have to worry about dealing with missed payments. On average Sezzle customers saw a 6.5% increase in sales and a 55% growth of their average order value. Learn more at http://www.sezzle.com/influence.

Why is time blocking your schedule important? Many people will go through their days at random. If you’ve ever looked back on your day and thought, “Well, I was busy, but I didn’t get anything done,” then you may want to consider time blocking. On our team, we time block dollar-productive activities (DPAs) to optimize our business. DPAs include things like meeting with clients and adding to your database, but posting on social media or sitting through entire home inspections are not. “If you were to look at your schedule right now, would your activities match up with your goals?” When Realtors are unsuccessful, it’s often because they aren’t time blocking. If you were to look at your schedule right now, would your activities match up with your goals? We hope this tip has been helpful. If it has, you can find more tips by visiting us at www.realestatecareerhawaii.com. If you have any other questions or would like more information, feel free to give us a call or send us an email. We look forward to hearing from you soon. Thanks and aloha.

Our Christmas episode was recorded under the auspices of Janus, the god of all things related to time. Now into the month named after him, the SmallDataForum reviews its predictions and looks at the year ahead: Will Europe ‘take back control’, or will commercial pressures curb big tech's enthusiasm? Will 2018 be the breakthrough year for chatbots and DPAs (digital personal assistants), both in business and personal use? How will continuous technological and economic transformations affect connections between people? Continue reading -> https://www.smalldataforum.com/

This week, Jay and I return for a wide-ranging discussion on some of the week’s top compliance and ethics related stories, including:  Will Canada approve DPAs for use in anti-corruption prosecutions? TI-Canada recommends they come into use. See article in Corporate Compliance by clicking here. Also see interview with RCMP Superintendent Denis Desnoyers in GIR. Midyear FCPA enforcement report by Stanford Law Journal. See article in WSJ. The first half of 2017 has brought the final resolutions of only two FCPA matters from the new administration, but they were both declinations. Both declinations have significantly strengthened the FCPA Pilot Program as a clear path forward for every company that finds itself in FCPA hot water. See Tom’s article in Compliance Week. Are Mexican anti-corruption efforts moving forward or not. See pro see article entitled, New Mexican Anti-Corruption Law Enters into Force Global Compliance News. For con see article by Juan Montes Mexican Antigraft Efforts Falter, in WSJ. With the departure of Walter Shaub from the US Office of Governmental Ethics and Hui Chen as the Compliance Counsel, who will lead the US ethics and compliance efforts. See Jaclyn Jaeger’s article in the Compliance Week. Everything Compliance-Episode 14 is out. Topics include Walter Shaub’s departure from OGE and does it even matter? Jesse Eisinger’s book The Chickenshit Club; the SFO, UK Bribery Act and the Rolls-Royce enforcement action; differences in DPA practice in the US & UK; Trump Administration & FCPA enforcement; EU’s GDPR; and Hui Chen’s departure from Justice Department; both her public rebuke of Trump, and the substance of how she believes her guidance has been mis-interpreted. Episode 15 will go up on July 27. Former Haitian Telco exec pleads guilty, Dick Cassin reports in the FCPA Blog. Dmitrij Harder jailed five years for FCPA offenses. See article by Dick Cassin the FCPA Blog. The twins are back home from summer camp. What does it mean for the Rosen household? Jay previews his weekend report. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week, Jay and I return for a wide-ranging discussion on some of the week’s top compliance and ethics related stories, including:  Will Canada approve DPAs for use in anti-corruption prosecutions? TI-Canada recommends they come into use. See article in Corporate Compliance by clicking  here. Also see interview with RCMP Superintendent Denis Desnoyers in  GIR.Midyear FCPA enforcement report by Stanford Law Journal. See article in  WSJ.The first half of 2017 has brought the final resolutions of only two FCPA matters from the new administration, but they were both declinations. Both declinations have significantly strengthened the FCPA Pilot Program as a clear path forward for every company that finds itself in FCPA hot water. See Tom’s article in  Compliance Week.Are Mexican anti-corruption efforts moving forward or not. See pro see article entitled,  New Mexican Anti-Corruption Law Enters into Force Global Compliance News. For con see article by Juan Montes  Mexican Antigraft Efforts Falter, in WSJ.With the departure of Walter Shaub from the US Office of Governmental Ethics and Hui Chen as the Compliance Counsel, who will lead the US ethics and compliance efforts. See Jaclyn Jaeger’s article in the  Compliance Week.Everything Compliance-Episode 14 is out. Topics include Walter Shaub’s departure from OGE and does it even matter? Jesse Eisinger’s book The Chickenshit Club; the SFO, UK Bribery Act and the Rolls-Royce enforcement action; differences in DPA practice in the US & UK; Trump Administration & FCPA enforcement; EU’s GDPR; and Hui Chen’s departure from Justice Department; both her public rebuke of Trump, and the substance of how she believes her guidance has been mis-interpreted. Episode 15 will go up on July 27.Former Haitian Telco exec pleads guilty, Dick Cassin reports in the  FCPA Blog. Dmitrij Harder jailed five years for FCPA offenses. See article by Dick Cassin the  FCPA Blog.The twins are back home from summer camp. What does it mean for the Rosen household?Jay previews his weekend report. Learn more about your ad choices. Visit megaphone.fm/adchoices

Review of CFLs and grammars; overview of basic results of CFLs without proofs. Introduction to push-down automata (PDA). Statement of the equivalence of CFLs and DPAs.