Compliance requirements for companies are growing, especially in the fields of ESG (Environmental, Social, and Corporate Governance) and data privacy. The phenomenon can be observed not only within the EU, but also many other areas of the world. Within the regulatory environment, fostering ESG practices has long since developed from a voluntary commitment to a “real” compliance issue which lawmakers are driving forward with serious sanctions and which courts are also shaping within the framework of the evolving laws. These laws are very complex, often unclear, and intrude deeply into the areas of risk analysis and risk management, which traditionally represent a core responsibility of companies. Many regulations emphasize development and implementation of internal processes within companies. This greatly reduces companies’ discretionary powers, since responsible use of leeway is a core area of entrepreneurial decision-making governed by the business judgment rule. Structurally, we are seeing increased legalization of risks, through which the legislator de facto takes away companies' leeway to make entrepreneurial decisions. Also, the threat of severe fines and uncertainty about the interpretation of legal terms makes it difficult for companies to decide what needs to be done to meet the laws’ requirements and to avoid risk. Looking at the char acter of the regulations, we see value-driven and symbolically-charged laws. However, these laws are anything but “dead letters” - they intervene deeply in companies’ risk management, aim at changing behavior, and have sharp “teeth” in the form of sanctions. The EU may be a particularly fertile source of symbolic legislation, which can serve to create political identity. Companies can, however, choose different ways to deal with these challenges, and they are free to find the right path. Even if lawmakers are increasingly intervening in the way companies carry out risk analyses and the priorities they set in that context, companies should defend their leeway and use it wisely. It is of utmost importance to know the real risks well and to use leeway responsibly. A diligent risk analysis, carefully aligned to a company’s circumstances and needs, is always a good starting point. Perfect knowledge of applicable laws and the company’s operations is a prerequisite for a professional risk assessment and building an effective Compliance Management System (CMS). There is always room for balanced decision-making regarding risk assessment and prioritization in accordance with the business judgment rule and entrepreneurial responsibility.

Corporations around the globe are embracing Digital Transformation (“DT”) to enhance competitiveness i.e., streamline operations, strengthen relationships with customers, and increase revenue.1 In this dynamic digital world, where data and algorithms are increasingly leveraged both for decisionmaking and to achieve economic and social objectives, a relevant digital transformation requires corporations to, not only onboard new technologies and ways of working, but also to address how they will be using tech in a responsible, ethical, customer/consumer-centric, and sustainable way.2 Necessarily, functions that directly impact the bottom line (like Sales, R&D, Supply Chain) are deeply engaged in these DT efforts.3 The question is what role is and should Compliance be playing in these DT efforts. This thought piece focuses on the evolving role of the Compliance function in this rapidly developing ecosystem, analyzing what role does – and should – the Compliance function play in DT and how should the Compliance function future-proof itself to better manage the governance, risk, and compliance (GRC) aspects of their corporation’s DT initiatives and better leverage the environment, social, and governance (“ESG”) objectives of their company. To address these questions, the authors interviewed two heads of Compliance at larger multinational corporations and facilitated a Salon hosted by the Digital Legal Exchange, entitled 'The Role of Compliance In Digital Transformation: Old Habits Risk Harm”. This event was attended by 12 participants including several General Counsel and Compliance professionals. The Salon was conducted under the Chatham House rule. All participants consented to an anonymised write up for these purposes.4 The purpose of this piece is to provoke more international, cross border discussion around the role of Compliance in digital transformation.

This master thesis attempted to create an enterprise architecture tool implementationof the new EU legislation General Data Protection Regulation. Using the archimatestandard as well as the tool EAAT (Enterprise Architecture Analysis Tool) changes havebeen proposed so that compliance with the legislation can be veried. 19 of the legislationsarticles are discussed and implemented with another eight discussed why they are notimplemented. Each implemented article is followed by a model snapshot as well as somepseudo-code for easier implementation independent of the tool used. Due to unforeseenproblems, no working implementation was not created but the proposed changes can bemade to t any tool built on Archimate's standard. Finally the proposed modication isdiscussed and future work related to modelling of the General Data Protection Regulationis proposed. / Detta examensarbete försökte skapa en implementation för enterprisearkitektursprogramav den nya EU-lagen Allmän Uppgiftsskyddsförordning. Genom att användaArchimates standard tillsammans med verktyget EAAT (Enterprise Architecture AnalysisTool) har förslag om modifikationer lagts fram så att foglighet med lagen kan testas. 19 avlagens artiklar diskuteras och har implementerats med åtta andra diskuterade varför de inteär implementerade. Varje implementerad artikel följs upp av en modell-bild samt pseudokodför att underlätta implementationer i andra verktyg. På grund av oförutsedda problemhar ingen fungerande implementation gjorts men the föreslagna modifikationerna kan implementerasi andra verktyg som desginats med Archimates standard i åtanke. Slutligendiskuteras de föreslagna modifikationerna och framtida arbeten relaterade till modelleringav den Allmänna Uppgiftsskyddsförordningen har lagts fram.

This article shall – after a quick introduction into the European Medial Device Regulation – examine the duties of the so called „person responsible for regulatory compliance“ of medical device manufacturers.

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The federal income tax system in the United States depends upon a high degree of voluntary compliance. The IRS estimates that the voluntary compliance level is declining and that this tax compliance gap cost the government an estimated $90.5 billion in 1981. Between 1979 and 1982, Congress made several changes in the tax laws designed to improve tax compliance. Extensive data was collected by the IRS for 1979 and 1982 through the random sample audits of approximately 50,000 taxpayers on the Taxpayer Compliance Measurement Program (TCMP), which is conducted every three years. During the period 1979 through 1982, Congress lowered the marginal tax rates, added some fairly severe penalties, for both taxpayers and paid return preparers, and increased information reporting requirements for certain types of income. In this research, it was hypothesized that voluntary compliance should increase in response to lower marginal rates, a higher risk of detection due to additional reporting requirements, and increased penalties. Multiple regression analysis was employed to test these hypotheses, using 1979 and 1982 TCMP data. Because of the requirements for taxpayer confidentiality, it was necessary for the IRS to run the data and provide the aggregate data results for the research. The results provided insight into the effectiveness of tax compliance legislation. While the overall voluntary compliance level (VCL) increased from 1979 to 1982 by 1.53 per cent, the VCL increase for taxpayers in high marginal rates was much smaller (.42 percent) than the overall increase. This is very inconsistent with the notion that high marginal rates are driving noncompliance, and suggests that marginal rates may not be strong determinants of compliance. Probably other factors, such as opportunity for evasion, may be more important. There was little change from 1979 to 1982 of the compliance of returns done by paid return preparers. Because of the timing of many TEFRA provisions (effective in 1983), further research for years after 1982 is needed.

This article analyzes the influence self-regulation has had in the recent years as a law instrument that helps monitor corporate organizations, as well as its consequences in the fight against public corruption through corporate compliance programs. / El presente artículo analiza la influencia que en los últimos años ha tenido el fenómeno de la autorregulación para el derecho como mecanismo de supervisión de las organizaciones empresariales y sus implicancias en la lucha contra la corrupción pública a través de los programas de cumplimiento para las empresas.

The dilemma of money laundering is an undeniable problem faced by many institutions all over the world. Due to its prevalence, the need for organisations to deal with the problem has become a global priority, regardless of the size of the financial institutions. Despite the compliance AML efforts undertaken by various institutions, AML compliance appears to be a daunting challenge, the question posed by this research is whether there is a need for independent anti-money laundering (AML) compliance reviews, given the invasive nature of money laundering in financial institutions. Secondly, the research addresses the question of who is well positioned to perform the independent AML compliance reviews. In addressing the second question, the research will discuss why internal audit is an invaluable resource in terms of risk management processes and the reasons why they are an integral part of the AML solution. / Dissertation (MPhil)--University of Pretoria, 2013. / gm2014 / Auditing / unrestricted

Published article at Central University of Technology Free State, Bloemfontein / In South Africa the educational system has seen many changes over the past few years. Transformation in education has been introduced to correct imbalances of the previous South African educational system and to improve learner achievement in some of the previously disadvantaged schools. Despite changes that have been implemented, learners in many South African schools are still underperforming. The primary aim of this investigation reported in this article was to establish the extent to which selected micro communication factors, namely, immediacy, verbal aggression and compliance gaining influence learner achievement. The researcher argues that micro communication factors in the classroom could influence learner performance either positively or negatively. According to Robinson, learner achievement refers to the ability of a learner to succeed in an assessment and to display a satisfactory level of competence.

BACKGROUND:Sequential compression devices (SCDs) are commonly used for thromboprophylaxis in postoperative patients but compliance is often poor. We investigated causes for noncompliance, examining both hospital and patient related factors.METHODS:100 patients undergoing inpatient urologic surgery were enrolled. All patient had SCD sleeves placed preoperatively. Postoperative observations determined SCD compliance and reasons for non-compliance. Patient demographics, length of stay, inpatient unit type, and surgery type were recorded. At discharge, a patient survey gauged knowledge and attitudes regarding SCDs and bother with SCDs. Statistical analysis was performed to correlate SCD compliance with patient demographics / patient knowledge and attitudes regarding SCDs / and patient self-reported bother with SCDs.RESULTS:Observed overall compliance was 78.6%. The most commonly observed reasons for non-compliance were SCD machines not being initially available on the ward (71% of non-compliant observations on post-operative day 1) and SCD use not being restarted promptly after return to bed (50% of non-compliant observations for entire hospital stay). Mean self-reported bother scores related to SCDs were low, ranging from 1-3 out of 10 for all 12 categories of bother assessed. Patient demographics, knowledge, attitudes and bother with SCD devices were not significantly associated with non-compliance.CONCLUSIONS:Patient self-reported bother with SCD devices was low. Hospital factors, including SCD machine availability and timely restarting of devices by nursing staff when a patient returns to bed, played a greater role in SCD non-compliance than patient factors. Identifying and addressing hospital related causes for poor SCD compliance may improve postoperative urologic patient safety.