10 Emerging Compliance and Information Governance Trends

 
 
By Chris Preimesberger  |  Posted 2016-04-21
 
 
 
 
 
 
 
 
 
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    1 - 10 Emerging Compliance and Information Governance Trends
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    10 Emerging Compliance and Information Governance Trends

    Adequately protecting and securing company data can be challenging. We provide tips and insights on compliance and information governance.
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    2 - SEC Will Expect More Cyber-Security Focus
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    SEC Will Expect More Cyber-Security Focus

    The Securities and Exchange Commission Office of Compliance Inspections and Examinations (OCIE) will increasingly focus on cyber-security and conducting examinations of financial services institutions to ensure appropriate governance and risk assessment, access rights and controls, and data loss prevention are being put into regular practice. Organizations must be prepared to provide and demonstrate proof of adequate security measures and consistent enforcement, which begins with proactive and strategic information governance practices.
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    3 - Cloud Usage Complicates Security
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    Cloud Usage Complicates Security

    Increasing use of cloud-based applications and collaboration tools, combined with a lack of employee awareness to sensitive information, will make controlling data access and security difficult. In FTI Technology's "Advice From Counsel" study, approximately one-third of respondents said this was the main roadblock in developing and implementing an information governance program.
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    4 - Be Prepared to Reconstruct All Financial-Service Trades
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    Be Prepared to Reconstruct All Financial-Service Trades

    Financial regulators will begin exercising their ability to demand a full, 360-degree reconstruction of any trade, from pre-trade communications to post-trade activity. Information governance initiatives can help establish the processes and technology that will enable this type of data storage, collection and production across the gamut of data types and sources, including audio recordings and social media messages.
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    5 - Cross-Border E-Discovery Rules in the Works
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    Cross-Border E-Discovery Rules in the Works

    The European Union-United States Privacy Shield agreement will come together slowly, leaving a lot of gray area around data protection requirements for cross-border e-discovery. Cross-border e-discovery involves information gathering for international litigation. Given this, it is important for corporate legal, IT and compliance teams to take action and establish programs that ensure that sound information security and data privacy protections are in place, no matter how cross-border e-discovery is approached in the future.
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    6 - Data Security Again the No. 1 Concern
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    Data Security Again the No. 1 Concern

    Data security and compliance with data protection regulations will be the No. 1 driver of information governance initiatives. Companies are focusing on four key areas: securing personally identifiable information for employees, clients and patients; securing IP; protecting against cyber-attacks; and developing systems to ensure secure network access by approved partners.
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    7 - Big Data Becoming a Barrier to Governance
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    Big Data Becoming a Barrier to Governance

    Big data and legacy data, and legal or compliance-related holds on that data, will be a barrier to implementing effective information governance for many corporations. To resolve this, experts suggest getting outside help from professionals who have the experience in tackling the many moving parts. Big data, besides being simply voluminous, also consists of many content types that may or may not be able to be processed by compliance/governance applications, especially in legacy systems.
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    8 - Social Media Will Play an Increasing Role
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    Social Media Will Play an Increasing Role

    Social media content will increasingly come under examination by regulators, and confusion around how to manage and incorporate social media data into deletion/retention programs will set in.
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    9 - More In-House Collaboration Will Be Required
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    More In-House Collaboration Will Be Required

    Compliance teams will recognize the importance of either leading information governance initiatives or working more collaboratively with legal and IT to develop information governance. The "Advice From Counsel" study found that the vast majority of these programs are currently spearheaded by legal and IT.
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    10 - Trusted Third Parties Will Be Needed in Some Cases
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    Trusted Third Parties Will Be Needed in Some Cases

    Reliance on outside service providers and experts will increase as regulators become more aggressive and regulatory compliance becomes more complex.
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    11 - New-Gen Compliance Tool Usage Will Increase
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    New-Gen Compliance Tool Usage Will Increase

    More companies will adopt tools that make it easier for employees to follow compliance protocols and understand data sensitivities.
 

Not all enterprise data is created equal, nor should it all have the same protections. Numerous and well-publicized data breaches highlight the increasing need for companies to better secure truly sensitive data. Social media, cloud-based data storage and a growing bring-your-own-device (BYOD) work environment also are creating a big data perfect storm. This threat is beginning to overwhelm legal departments. In-house counsel concerns range from identification and collection of disparate information to the cost and security of the entire e-discovery process. While many organizations lack executive support for information governance, and others feel hampered from executing on small, tactical projects due to their legal or regulatory profile, it is important to prepare for the emerging trends and challenges that will have an impact on compliance efforts in the coming year. In this eWEEK slide show, e-discovery specialists FTI Technology and Gartner Research share insights on these trends and findings from their recent "Advice From Counsel" study.

 
 
 
 
 
 
 
 
 
 
 

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