Global (Mis)Communication

Transcription

1 Global (Mis)Communication Identifying, Avoiding and Explaining Compliance Issues Around the World Topics for Today Policies and Code of Ethics Whistle blower Hotlines Investigations and Data Privacy Problems Laws with Extra Territorial Reach Presenters Lisa Beth Lentini Vice President, Global Compliance Carlson Wagonlit Travel $27 billion annual turnover 20,000 employees 150+ countries Kristy Grant Hart Chief Compliance Officer United International Pictures International distribution company for Paramount Pictures and Universal Pictures 60+ countries 1

2 Policies and the Code of Ethics Working with the Works Councils What is a right of codetermination? What if they say no? Hot button issues: Dating at work Nepotism and hiring Training and attestations: You can t make me, that s not in my written contract. Policies and the Code of Ethics Concerns on global policies Alcohol and drugs At will employment Navigating gifts and hospitality norms Get feedback on policies from each region of the world before the policy is implemented Modify language to refer to local law: Where allowed by law If allowed in your jurisdiction Explain the need for the policy Show examples from other multi nationals or local companies Express understanding of their point of view Find compliance minded in country people to help explain the policy and need for policy 2

3 Whistle blower Hotlines Historical/cultural perspective: Europe Asia Filing with the Data Protection Authorities Article 29 working party recommendations Works Council powers : Explain the benefits Tailor the message by country/region Don t expect too much Data Privacy and Internal Investigations in Europe Company issues (especially if company operates in the US): Early investigation can mean: Possible immunity in anti trust action Credit for cooperation with authorities in sentencing May stop shareholder derivative suits Mitigation for bringing the case to the authorities May stop requirement for compliance monitor Data Privacy and Internal Investigations in Europe European Union Only Allows Transfer of Employee Data outside of the EEA: When the employee has offered specific consent But can employees ever really consent? When there is a specific legal obligation to do so Legal obligation must be of the community Need for early investigation is probably not enough 3

4 Attempt to get consent in writing at beginning of employment Request broad based consent to data transfer at the beginning of an investigation Frame investigation under local EU law E.g.: Use the German anti bribery law as the specific legal obligation, not the FCPA Follow requirements for notification Works councils Ensure protections are in place even with consent or specific legal requirements: Safe Harbor, EU model clauses etc. Obtain advice from in country counsel Labor laws Works council Other privacy and notification requirements Extra Territorial Laws Extra territorial laws can create resentment and misunderstanding FCPA UK Bribery Act Trade Sanctions US Discovery 4

5 Explanations go a long way Use examples of similar companies Express sympathy and understanding of cultural norms But don t waiver from seriousness of requirement to obey the law Stress individual penalty potentials, including fines and jail time, where applicable It can be especially helpful to use examples of extradition to the US or UK when training foreign nationals where US or UK law applies extraterritorially Try to find examples where a company benefitted from being compliant Market leaders stay out of trouble Compliance as a selling tool after a crisis Avoidance of fines Winning immunity Position the message as protecting the employee from adverse potential action Putting it All Together: Express empathy and understanding of the other cultures The more the person believes that you understand them, their culture and the business and legal environment in which they find themselves, the more they will be willing to listen to you. Emphasize the reason behind the rules. People respond to rules when they make sense and the person understands why they are being asked to comply. 5

6 Putting it All Together: Connect on a human level where possible People are more likely comply with the law if they know you, like you and trust you Earning trust will give you the capacity to do your job and to create formal or informal compliance champions who can: Help you get your message to people in their native language and in a more palatable way within their culture Help you by being examples QUESTIONS? Thank you! 6