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Inside Internal Controls

News and discussion on implementing risk management

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Network, Systems and Data Security

Copyright year in review 2016

This article highlights noteworthy Canadian copyright law decisions and developments from 2016.

 

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Selecting software to help manage user access risk

I believe software is essential in managing user access risk, not only for SOX but also for other business risks. In fact, the potential harm from inappropriate access is typically greater for other business risk (such as the possibility of disruption of activities such as revenue generation or manufacturing, reputation risk, and the protection of valuable intellectual property) than it is for SOX.

 

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Views on the future of risk management

James Lam has an impressive resume: Chief Risk Officer for major financial institutions, author of a respected book on ERM, consultant, and board member. Recently, he wrote a white paper that is available through RIMS or Workiva, Next Frontier: Performance-Based Continuous ERM. I think it is fair to say that James and I agree on many points but disagree on others.

 

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Adequacy of Canadian privacy law

Potential amendments could mean Canadian businesses receiving personal information from Europe will have more exposure to the differences in the data protection laws and enforcement regimes in the EU member states.

 

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A new front opens in the SOX battle

When potential material weaknesses are discovered during SOX or internal audit testing, my suggestion is to review the issue with the legal function. They can advise the CEO and CFO whether this should be disclosed as part of the Section 302 certification. This new front is clearly starting to open. Don’t let it pull you under.

 

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CASL and private right of action

Canada has the most onerous anti–spam/anti–malware law (CASL) in the world. In less than a year, July 1, 2017, it is going to become even worse. That’s when the private right of action comes into force.

 

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Cybersecurity best practices for connected cars

Some of the most significant concerns with connected vehicles are cybersecurity and privacy protection. These concerns were the main impetus behind the creation in the US of the Auto Information Sharing and Analysis Centre (ISAC) by a group of US automakers in July of 2014. The group allows its members to share information about threats and vulnerabilities, conduct analysis and develop industry solutions. The Auto ISAC has now released its “Automotive Cybersecurity Best Practices”.

 

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Closing your business for the holidays

The holidays are quickly approaching. However, leading to that point of unwinding can be stressful for many business owners, with the balancing of family demands and workplace year–end pressures. Regardless of such amounting pressures, businesses should not neglect their responsibilities to employees and clients before closing for the holidays.

 

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Risk and strategy entwined

Risk Officers have to consider themselves as business executives first and foremost. While their charter may talk about ‘risk’, their job is to help the board and executive team achieve the corporate objectives. They need to put themselves in the shoes of the CEO and board members. They cannot afford only to concern themselves with reasons not to pursue ventures–implying a desire to stay home and vegetate. Think like a CEO, act like a CEO, and talk like a CEO. Provide leadership with the information, process, systems, and so on to make effective decisions that lead to success.

 

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Explaining risk management in plain English

I have been saying for a while that one of the reasons for the disconnect between senior executives and risk practitioners is the latter’s language.

 

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A revolution in risk management

Risk management, whether you call it enterprise risk management, strategic risk management, or something else, is about helping an organization achieve its objectives. All the standards, frameworks, and guidelines talk about risk in terms of its ability to affect the achievement of the organization’s objectives. Some things might happen that will help and some that will interfere with our progress.

 

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Risk management guidance: Time for a leap change

Even though both COSO ERM and ISO 31000:2009 are evolving, moving to a greater emphasis on decision-–making and the setting and execution of strategy, the practice of managing risk continues to lag. I have written in my blogs and spoken in person to thought leaders involved in both COSO ERM and ISO 31000 updates about the need to take a huge leap forward. When the practice is seen as failing to contribute to success, and limited to a compliance function, something dramatic has to happen.

 

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CASL made clearer: First CRTC decision released

Until now, the Canadian Radio-Television and Telecommunications Commission’s CASL enforcement actions have taken the form of settlements reached in confidential negotiations between the Enforcement Branch and the company. But this decision, released on October 26, 2016, is significant because it is the first CASL enforcement decision to provide guidance on compliance. The decision contains several important lessons about regulation of commercial electronic messages in Canada before class action enforcement opens on July 1, 2017.

 

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Cybersecurity: CSA issues new guidance

Cybersecurity is top of mind for corporate boards and securities regulators alike. On September 27, 2016, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 11-332 – Cyber Security (2016 Notice). The 2016 Notice updates the CSA’s previous notice on the same topic, CSA Staff Notice 11-326 Cyber Security for reporting issuers, registrants and regulated entities.

 

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