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Establishing Company Gift-Giving Guidelines

With increased regulatory oversight around the globe, companies’ external and internal gift-giving are under scrutiny. With the holiday season upon us, it is up to organizations, no matter what the size, to clearly state policies and leave no question about what is and what is not allowed. Establishing monetary limits for gifts given and received is also a good idea.

According to a report by Thomson Reuters:

While bribery and corruption charges are widespread, it’s important to note that bribery is not synonymous with gift-giving. When it comes to gift-giving, businesses cannot offer, promise or give anything of value, directly or indirectly, to a foreign official for the purpose of obtaining or retaining business. Corporate gifts need to be carefully evaluated to ensure they do not appear to violate these prohibitions.

Internal gifting policies vary from company to company, and while there is no one-size-fits-all approach, it is extremely important that organizations have policies in place and that employees are aware of what those policies are. No matter how well-intentioned a gift, the potential exists that it falls outside of the appropriate boundaries.

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Organizations need to be clear about what types of gifts are acceptable and what are not.

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Both employers and employees should also be aware of what constitutes a bribe and what types of bribes to watch out for.

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Regulatory bodies are holding companies accountable, and depending on the countries involved, regulatory fines can range from prison terms to millions of dollars in fines.

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Booming or Busting: Samsung’s Trouble with Quality

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Since its launch in August, Samsung’s rollout and subsequent recalls of the Note 7 have been severely affected by quality and safety issues as a result of the lithium-ion batteries overheating, and in some reported incidents, even catching fire. This ultimately led to an initial recall on Sept. 15, followed by many incidents of phones continuing to catch fire even with the battery “repair,” and mobile carriers halting sales of the phone.

On Oct. 11, Samsung permanently halted all production and sales of this device. Current estimates from the Wall Street Journal indicate that “investors have shaved off roughly $20 billion in Samsung’s market value, [and] the company has said the recall would cost it $5 billion or more, including lost sales.”

To make matters worse, the Department of Transportation (DOT) has now weighed in and banned passengers from traveling with the phones. The DOT has issued an emergency order to ban all Samsung Galaxy Note 7 smartphone devices from air transportation in the United States. Individuals who own or possess a Samsung Galaxy Note 7 device may not transport the device on their person, in carry-on baggage, or in checked baggage on flights to, from, or within the United States. The Samsung Galaxy Note 7 device is now considered a forbidden hazardous material under the Federal Hazardous Material Regulations.

The initial recall would be expected to directly affect sales levels of the specific phone, and it would be fair to anticipate the possibility of a financial impact from a recall. But the further problems go beyond that—they lead to broader reputational issues.

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Although all recalls will likely result in some financial impact and market frustrations, an isolated event can be a well-managed, short-lived issue, with a reasonably prompt recovery. Many customers may look past a one-off instance as a bump in the road, which has been identified and corrected—an error. A second or third problem arising after addressing the initial issue(s), however, and the company’s overall quality assurance programs are put in the spotlight. Customers are now looking beyond the isolated incident and lose confidence in the brand as a whole.

The extent of the financial losses resulting from this can grow exponentially as the result of a second or third similar issue.

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The suggestion now develops that the company cannot determine what’s wrong or find a solution.

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It appears that happened with Samsung, leading to the announcement that they are ceasing production of the model completely. Consumer confidence takes a big hit.

This year, we have seen the impact multiple recalls have had on several companies. Samsung, along with others like Chipotle, Takata Airbags and Mattel, have suffered repeat issues stemming from an initial problem. Where a company repeatedly has quality assurance issues, direct and manageable losses can quickly grow to larger exponential ones fueled by the broader reputational harm. Appearing in the media for the first problem had a significant financial impact. Reappearing after the initial handling of the matter is a less than ideal way to restore confidence and set about moving on from the issue.

The losses Samsung will suffer now extend beyond the costs to investigate the problem, recall logistics, and rework costs. They now face the more complicated challenge of measuring the business income lost from the event. An initial recall, and the replacement of phones would have likely led to some business income loss. While this may not have been avoidable, it would likely have been manageable. Not being able to identify the problem and develop a solution, however, has led to larger reputational issues and a much larger business income impact.

Ransomware Threats Jump 300%

Businesses have seen a huge increase in ransomware threats—300% from 2015, according to the FBI, which also reports there were 2,400 ransomware complaints in 2015. In addition to its growing frequency, the means of attack have also improved significantly, as hackers get better at social engineering and at developing malware.

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Unlike other types of cyberattack, ransomware attacks are not about extracting data, they are about freezing access, holding businesses functionally hostage, according to Risk Management. When this type of malware infects a system, it encrypts files and documents and demands a ransom, typically in the form of digital currency such as bitcoin, in exchange for a decryption key.

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The most frequent targets of attacks, 23%, were government entities, according to Hiscox. The category of business services was second at 18% and finance and insurance institutions followed with 13% of the attacks.
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Because the encryption can be crippling and circumventing it is difficult, the FBI advises that businesses may be better off paying the ransom, especially if the company’s system backup has also been infected.

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Cloud Privacy for Your Enterprise’s Data: Whose Choice?

cloud-securityToday’s headlines are full of reports of ransomware, retail customer data breaches and routine government surveillance of online traffic. The battle between the FBI and Apple over unlocking an iPhone is just the latest story highlighting digital data security as a daily concern.

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While teens on Facebook may not worry about who’s looking at their posts, CEOs in the boardroom have a real problem to solve. Not only do large enterprises have to protect themselves against data breaches, they must follow a complex maze of privacy and data-hosting laws that vary by country and state.

Security and compliance can, ironically, become much more difficult thanks to a shift that otherwise makes IT easier and less expensive. Moving IT operations to the cloud has many advantages, but by placing data in the hands of a cloud vendor, companies frequently surrender a lot of control over that data: where it’s stored, how it’s handled and how it’s secured.

Furthermore, most customers have no idea of the physical location of the data center holding their information. That creates an immediate compliance problem with EU data privacy and hosting regulations—and non-compliance can be costly.

As an enterprise customer, having choices as to where your content is stored is crucial to your ability to meet all those requirements. Indeed, data sovereignty has become increasingly important in the wake of Safe Harbor, so companies need cloud solutions that enable them to maintain the highest levels of visibility and control over their data.

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Data regulators have (for now) rejected the EU-U.S. Privacy Shield agreement, making it even more important for global enterprises to ensure they remain in compliance with regional privacy laws, protect employee personal information and preserve the confidentiality of valuable corporate intellectual property.

So when considering a cloud vendor, enterprises need to factor flexibility of location into their purchase decision. The ability to use private cloud, public cloud, and/or on-premises storage within a single account will offer global enterprises a flexible range of options. Along with that, enterprises should look for a cloud vendor that offers the enterprise’s IT department maximum visibility and control to choose the right storage location, based on national sovereignty, data sensitivity, and other factors that concern regulators.

Another crucial consideration is the security of the data – in particular, who ultimately controls access. It is really impossible for an enterprise customer to know if there is a hidden “back door” in the vendor’s system that might allow law enforcement (or a clever hacker) to get access to the most sensitive information of the enterprise. More importantly, should the FBI or NSA come calling, the enterprise has no way to know whether their vendor will allow those agencies access to data or if the vendor has agreed to the routine surveillance of their systems and, therefore, the customer data stored there.

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What company or organization would willingly place that kind of responsibility in the hands of a cloud vendor? Because the enterprise is responsible for the protection of its own data and that of its customers, as well as its reputation, the customer rather than the vendor should decide these issues with full knowledge, based on its own core values.

Whether a company has the ability to take on this responsibility, however, does rest with its cloud vendor, because the customer only can control what the vendor allows.

As custodians of the information entrusted to them by customers, cloud vendors have a duty to build in the highest levels of security to protect that data.

Vendors should never be in a position to hand over a customer’s data on their own, any more than a bank should be able to open your safe deposit box without your key. It doesn’t matter what the cloud vendor’s position may be on the continuum between privacy and intelligence gathering. (That’s a major reason Syncplicity has chosen to use a “split key” system that precludes us from having any access to customer data without their express consent.)

In addition, vendors also have a responsibility to provide their enterprise customers with the ability to control precisely where their data are stored. Admittedly, keeping data secure is a daunting task from the vendor’s perspective. Attacks are more sophisticated every day and there are new laws and lots of uncertainty around them internationally.

These are enormously important issues and companies that want to be in the business of managing data for others must take them seriously. Doing anything less than this is an abject failure by the vendor. Enterprise customers need to make these issues a central part of deciding which vendor to use. Doing anything less puts their business – and their customer’s data – in jeopardy.