Category Archives: Governance, Risk & Compliance

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Human Trafficking and Supply Chains: Q&A with Tim Nelson of the Slave-Free Alliance

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The International Labour Organization estimates that 25 million people are subject to human trafficking around the world, with children comprising one of every four victims. In many cases, the victims are used and transported by their traffickers in supply chains. 

Tim Nelson is the international development director for Hope For Justice, an anti-trafficking organization that aims to end modern slavery. He also holds the same title at the Slave-Free Alliance, an affiliated group that collaborates with businesses to assess and prevent the risk of human trafficking in their supply chains. Nelson recently appeared on RIMScast to discuss the how human trafficking has evolved into a major supply chain risk and how employers and employees can identify signs of this abuse.

Check out some highlights below, and to take a free deep-dive with Nelson and learn how to take action to prevent human trafficking in your company and community, download RIMScast episode 120.

For more information on steps businesses should take to help identify and combat modern slavery on their premises, you can also check out the Risk Management feature article “Human Trafficking: How Businesses Can Combat the Modern Slavery Epidemic.”

What inspired the creation of the Slave-Free Alliance?

Tim Nelson: We primarily started in the U.K., and formed because of the Modern Slavery Act, which requires companies with £36 million (about $50 million) or more in their annual revenue to state their efforts to remove slavery from their supply chain. Consequently, we tend to work with businesses above that £36 million level and we try and effectively help them honor their commitment.

We also work alongside federal or local police and alongside other NGOs and effectively try and be a trusted friend. Many people, because of the countries that they come from or what they’ve been told, are suspicious of police or are worried about corruption. We can be there to build that bridge of trust.

How can someone identify trafficking and modern slavery?

TN: Traffickers are those individuals who would use other people to generate profit for themselves and are looking for every opportunity. Global estimates indicate that there’s $150 billion made from this illegal activity. And therefore, the traffickers have thought it through. 

One of the complexities in identifying it is that human trafficking is hidden in plain sight. The common form that most people are aware of is sexual exploitation. But ultimately, traffickers [also] realized that they could traffic individuals to work in the supply chains of businesses, making components, working in manufacturing, working in agriculture.

Could you provide an example of how traffickers permeate supply chains?

TN: Last year there was a case where 400 victims were identified as being slaves within the primary supply chain of some of the major supermarkets within the U.K. And, like we said earlier, it was in plain sight—no one could see how this was happening.

This particular occurrence happened because the traffickers had gotten control of a recruitment company and they were able to bring individuals from a non-English-speaking nation to the U.K. Those individuals were given jobs, but the traffickers had control of their bank accounts. They were forcing these 30-plus individuals to live in a three-bedroom property. Many of them were washing themselves in a local river—not having running water was a sign that this is not how people should be living in 2020. 

National Slavery & Human Trafficking Prevention Month is held annually in January to educate about the different forms of human trafficking. What can risk professionals do to ensure the awareness continues all year?

TN: I would encourage all businesses to realize that they’ve got the power to change this so easily if they start to engage and put in different processes and systems. And part of what we’re trying to do is not to just encourage individuals or companies to stop buying goods from a particular company. If you just stop dealing with a company because you suspect there’s modern day slavery or trafficking happening, that company will close and another one will open like a phoenix. Companies can also sometimes be complicit just by not even looking or allowing enough due diligence to show that they are slave-free within the supply chain.

Is there a bottom-line impact as well?

TN: What we are seeing now is, internationally, inaction can be a major risk to your business. I can think of companies where issues around slavery were brought to the fore and share prices dropped by half as institutional investors pulled out. This is a key ESG issue, which makes it a C-suite-level risk in many cases.

What should companies expect when they engage with the Slave-Free Alliance?

TN: The first thing that we would do is conduct a gap analysis. This is not just looking at where you’re getting supply from—it’s to try and identify the weaknesses that may be in your supply chain. And that gap analysis forms something almost like a risk register.

Every company is different. I spoke to a Fortune 100 company last month that didn’t even have a procurement division. And that’s what I would have assumed every major multinational had. But every company has a different approach to it.

Quite often, a lot of people find that the even the thought of how big their supply chain creates a massive complexity because there might be just three people running the procurement department.

When we see something that would sit within the risks that we identify, then we work with the companies to diminish that risk. It could be an [unannounced] site assessment or working with those people who are going in and auditing the factories themselves.

For more information about how your business can combat and identify modern slavery, visit the Slave-Free Alliance and Hope For Justice. You can report suspected activity in the U.S. to the National Human Trafficking Hotline and internationally to the International Labour Organization.

On Data Privacy Day, Catch Up on These Critical Risk Management and Data Security Issues

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Happy Data Privacy Day! Whether it is cyberrisk, regulatory risk or reputation risk, data privacy is increasingly intertwined with some of the most critical challenges risk professionals face every day, and ensuring security and compliance of data assets is a make or break for businesses.

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In Cisco’s new 2021 Data Privacy Benchmark Report, 74% of the 4,400 security professionals surveyed saw a direct correlation between privacy investments and the ability to mitigate security losses. The current climate is also casting more of a spotlight on privacy work, with 60% of organizations reporting they were not prepared for the privacy and security requirements to manage risks with the shift to remote work and 93% turning to privacy teams to help navigate these pandemic-related challenges. Amid COVID-19 response, headline-making data breaches and worldwide regulatory activity, data privacy is also a critical competency area for risk professionals in executive leadership and board roles, with 90% of organizations now asking for reporting on privacy metrics to their C-suites and boards.

“Privacy has come of age—recognized as a fundamental human right and rising to a mission-critical priority for executive management,” according to Harvey Jang, vice president and chief privacy officer at Cisco. “And with the accelerated move to work from anywhere, privacy has taken on greater importance in driving digitization, corporate resiliency, agility, and innovation.”

In honor of Data Privacy Day, check out some of Risk Management’s recent coverage of data privacy and data security:

CPRA and the Evolution of Data Compliance Risks

Also known as Proposition 24, the new California Privacy Rights Act (CPRA) aims to enhance consumer privacy protections by clarifying and building on the expectations and obligations of the California Consumer Privacy Act (CCPA).

Frameworks for Data Privacy Compliance

As new privacy regulations are introduced, organizations that conduct business and have employees in different states and countries are subject to an increasing number of privacy laws, making the task of maintaining compliance more complex. While these laws require organizations to administer reasonable security implementations, they do not outline what specific actions should be taken. Proven security frameworks like Center for Internet Security (CIS) Top 20, HITRUST CSF, and the National Institute of Standards and Technology (NIST) Framework can provide guidance.

Protecting Privacy by Minimizing Data

New obligations under data privacy regulation in the United States and Europe require organizations not only to rein in data collection practices, but also to reduce the data already held. Furthering this imperative, over-retention of records or other information can lead to increased fines in the case of a data breach.

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As a result, organizations are moving away from the practice of collecting all the data they can toward a model of “if you can’t protect it, don’t collect it.”

3 Tips for Protecting Remote Employees’ Data

As COVID-19 continues to force many employees to work from home, companies must take precautions to protect sensitive data from new cyberattack vulnerabilities. That means establishing organization-wide data-security policies that take remote workers into account and inform them of the risks and how to avoid them. These three tips can help keep your organization’s data safe during the work-from-home era.

What to Do After the EU-US Privacy Shield Ruling

It was previously thought that the EU-US Privacy Shield aligned with the EU’s General Data Protection Regulation (GDPR), but following the CJEU’s recent ruling, the Privacy Shield no longer provides a mechanism for legitimizing cross-border data flows to the United States. This has far-reaching consequences for all organizations that currently rely on it. In light of the new ruling, risk professionals must help their organizations to reevaluate data strategies and manage heightened regulatory risk going forward.

The Risks of School Surveillance Technology

Schools confront many challenges related to students’ safety, from illnesses, bullying and self-harm to mass shootings. To address these concerns, they are increasingly turning to a variety of technological options to track students and their activities. But while these tools may offer innovative ways to protect students, their inherent risks may outweigh the potential benefits. Tools like social media monitoring and facial recognition are creating new liabilities for schools.

2020 Cyberrisk Landscape

As regulations like CCPA and GDPR establish individuals’ rights to transparency and choice in the collection and use of their personal data, one can expect to see more people exercise these rights.

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In turn, businesses need to ensure they have formal and efficient processes in place to comply with such requests in the clear terms and prompt manner these regulations require, or risk fines and reputation fallout. These processes will also need to provide sufficient documentation to attest to compliance, so if businesses have not yet already, they should be building auditable and iterative procedures for “data revocation.”

Data Privacy Governance in the Age of GDPR

As personal information has become a monetizable asset, risk, compliance and data experts have increasingly been forced to address the regulatory and operational ramifications of the rapid, mass availability of personal customer and employee data circulated both inside and outside of organizations. With new data protection regulations, Canadian and U.S. companies must reassess how they process and safeguard personal information.

Key Features of India’s New Data Protection Law

Among the new data protection laws on the horizon is India’s Personal Data Protection Bill. While the legislation has not yet been approved and is likely to undergo changes before it is enacted, its fundamental structure and broad compliance obligations are expected to remain the same. Companies both inside and outside India should familiarize themselves with its requirements and begin preparing for how it will impact their data processing activities.

RIMS ERM Conference Preview: Q&A with Keynote Dr. Andrea Bonime-Blanc

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This year’s RIMS ERM Conference will be held virtually on November 4 and 5, 2020, promising two days packed with informative sessions featuring global risk leaders. The conference kicks off November 4th with a live keynote delivered by Dr. Andrea Bonime-Blanc, founder of GEC Risk Advisory and the author of Gloom to Boom: How Leaders Transform Risk Into Resilience and Value. She will also answer questions from the audience during a live session on November 5th.

Andrea Bonime-Blanc

Dr. Bonime-Blanc recently appeared on RIMScast to discuss her upcoming keynote; the role technology has played in environmental, social and governance risks (ESG); and what risk practitioners must do to succeed today. Check out some highlights below, and download RIMScast episodes 100 and 101 for a deeper dive with Dr. Bonime-Blanc into topics such as diversity, strategic risk management and ways ERM practitioners can generate and retain value. If you’d like to watch her keynote and join RIMS for the rest of the ERM Conference 2020, registration is now open for all attendees.

How did you first begin using and implementing ERM in your career?

Dr. Andrea Bonime-Blanc: I was the general counsel of a startup within a much larger utility company, and we were the global division that was going all over the world in the mid- to late-1990s and early 2000s looking for electric power generation distribution opportunities. I became the risk manager because…[someone] needed to put the risk hat on. We ended up creating programs, policies, procedures to really perform risk management. Building power plants in the middle of the jungle of Colombia or negotiating a joint venture with a Chinese government corporation running a coal mine in northern China presents a number of risks.

When did you notice how vital it was to “wear the risk hat”? 

AB-B: I’ll give you the example of an environmental, health and safety risk: When I was at PSEG, we went into a lot of different countries, including at least six or seven major Latin American countries that were privatizing their electric assets. There were competitions to acquire those assets in the first place, which created a whole bunch of risks from a standpoint of fraud and government corruption. I supervised the legal teams, and also led audit and finance teams. We had utility folks who understood the environmental, health and safety aspects of the assets we were looking at. There were cross-functional and cross-disciplinary teams that would work with the legal department and the general counsel’s office to figure out the risks involved with acquiring those potential assets. It showed how ERM done properly provides that way of collating and collecting really important, strategic information that is necessary at the highest levels of an organization.

How can diversity—of people and perspective—influence ERM in an organization?

AB-B: ERM is a collaborative process. It requires many different minds. A good ERM program will draw upon the knowledge of other key people and functions within an organization. If it’s a standalone program, it won’t work. Drawing on the knowledge and expertise and experience of your colleagues in different parts of the organization is crucial. Likewise, ESG plus T is all about understanding your non-financial issues as well as the risks that will have a financial impact.

You noted the addition of “T,” which stands for “technology”—why is technology so integral to ERM now, and how does it tie into your keynote?

AB-B: The technology piece has become so overwhelming, so suffusing, so minute-by-minute for us in the world that we live in—whether it’s negative like cyberattacks, or positive things, and there are so many other issues in between. We’re just starting to scratch the surface of both the negative and the positive in these technology issues.

Risk professionals have a role to play in creating the information that reaches the management and the board, and building a risk savvy culture. This includes building ERM that is integrated with the strategy of understanding the ESG+T issues that are part of your business, and how you integrate with crisis management and business continuity, for example. These are all pieces of the resilience model that I will share at the end of the keynote. It is something that risk professionals really need to understand, because it not only liberates you from your silo—if you’re in a silo—but it also demonstrates your value to the rest of the organization.

3 Tips for CCPA Enforcement During COVID-19

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As we move into the second half of 2020 and the California Consumer Privacy Act (CCPA) is officially enforced, we are also in the midst of a global crisis that was not properly on the radar when the regulation was enacted in January. Organizations are now being tasked with CCPA compliance in an unexpected remote work environment, with more personal data available online than ever before. And some organizations have the added privacy challenge of contact tracing practices or applications being used internally to monitor employee health.

Even in the remote work environment, relevant companies must ensure that they are informing customers and staff about what data they are collecting, options for which personal details are being gathered, the right to say no and opt out of data collection, the right to request deletion of their information, and equal pricing despite their privacy selections.

Many businesses are still struggling to implement these guidelines and are attempting to avoid significant penalties, all while meeting uptime demands. Below are some tips from security and technology industry experts for the best ways to implement CCPA compliance:

Rely on Data Privacy Regulation Experts 

There is increasing uncertainty around many businesses’ futures, and therefore, it is critical to turn to data privacy regulation experts for advice, guidance and technological support. 

“With exponential amounts of enterprise data only increasing, ensuring data privacy involves layered, complex challenges for any business. From a cloud hosting perspective, meeting evolving compliance and privacy regulations, such as the CCPA law which is just beginning to be enforced, is one of those layers. One of the most important steps organizations can take to guarantee they are on the right path towards compliance is to rely on hosting providers that have teams experienced with privacy law regulations,” said Lex Boost, CEO of Leaseweb USA.  

While it may be tempting to rely on internal teams during the economic downturn, employee burnout in already resource-strapped IT and security teams could cost the companies more in talent loss and potential breaches/fines. Thus, companies should evaluate external providers.

Boost also said, “These providers can guide the process needed to guarantee data is managed within current and upcoming privacy regulations, allowing organizations to focus on maximizing data usage and the experience for their customers.”

Have the Right Cybersecurity Measures in Place 

Proper cybersecurity measures are often major components for achieving compliance with a variety of regulations, but especially the CCPA, which is focused on protecting sensitive data and users’ privacy rights. With major hacks making recent headlines at companies like Twitter, and ransomware attacks that threaten to exfiltrate and leak private data on the rise, companies should be on high alert.

“Nobody is safe from an attack leaking personal information, and it’s absolutely essential that correct cyber measures are in place to secure privileged accounts, in particular, as thoroughly as possible. With more information online and spread out than ever before, hackers not only have the ability to scam people, but also undoubtedly have access to private messages, security information, and other personal data,” said Torsten George, cybersecurity evangelist at Centrify.  

On top of increasing breach risks, many companies’ distributed workforces are making security preparedness even more complex. But there are solutions, according to George: “To protect organizations during this transitional remote working phase and the implementation of CCPA, it’s imperative to provide your IT administration teams, outsourced IT, and third-party vendors with secure, granular access to critical infrastructure resources regardless of location and without the hassles of a virtual private network (VPN). Privileged access management solutions can both maintain compliance and enable secure remote access to on-premises and cloud-based infrastructures, securing all administrative access with risk-aware, multi-factor authentication (MFA), and maintaining the level of compliance CCPA requires.”

Look Toward the Future 

The CCPA currently protects Californian’s privacy rights, but many legal and security experts think this could inspire a similar regulation at the federal level if it is successful.

“The CCPA is the first law of its kind in the United States, and it could set a precedent for other states. And because it applies to most companies who do business with individuals residing in California, the sweeping new law promises to have a major impact on the privacy landscape not only in California, but the entire country. The passage of a cohesive U.S. federal privacy law, one that will preempt state laws, is gaining momentum. It has strong bipartisan congressional support, and several large companies from a variety of industry sectors have come out in favor of it, some even releasing their own proposals. There are draft bills in circulation,” said Wendy Foote, senior contracts manager at WhiteHat Security.

Foote also advised, “With a new class of representatives sworn into Congress in 2019 and the CCPA effectively putting a deadline on the debate and officially being enforced in July, there may finally be a national resolution to the U.S. consumer data privacy problem. However, the likelihood of it passing in the very near future is slim. A single privacy framework must include flexibility and scalability to accommodate differences in size, complexity, and data needs of companies that will be subject to the law.”

It will take several months of negotiation for lawmakers to agree upon how the federal law would be implemented. While companies wait for the passage of a national privacy law and for it to take effect, they must continue to monitor developments in both state and federal privacy law and adapt as necessary.

Consumer privacy will continue to evolve, particularly in the time of COVID-19. Because of this, newer laws and regulations, like the European Union’s GDPR and the CCPA, must be flexible and evolve over time too.