Are you ready to EmploySmart? Meet us at SHRM’18

Meet us at the 2018 SHRM Annual Conference & Exhibition in Chicago, to demonstrate a commitment to your professional development and learning about tools and resources you need to best serve your organisation’s HR needs.

One of those critical needs is helping your organisation prevent fraud. Human resources managers and specialists are at the front line of fraud prevention, as hiring processes and background checks can help screen out potential fraudsters before they even get in the door.

CRI® Group understands the challenges posed by those who can harm your organisation – and we have the solutions. That’s why we’d love to meet you at the SHRM conference. We’ll discuss how EmploySmart™, our pre-employment background screening process, can boost your fraud prevention efforts and provide a “boots on the ground” approach to extensive background checking.

EmploySmart™ provides a close examination of job candidates including their identity, criminal background, education credentials, job history and references; along with financial and credit checks (as permitted by law), and bankruptcy and civil litigation checks, among many other details.

CRI® Group invites you to schedule a quick appointment with us to discuss in more detail how EmploySmart™ can help you and organisation. Are you ready to EmploySmart™? We look forward to seeing you in Chicago!

Who is CRI® Group?

Based in London, CRI® Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, 

In 2016, CRI® Group launched the Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body that provides education and certification services for individuals and organisations on a wide range of disciplines and ISO standards, including ISO 31000:2018 Risk Management- Guidelines; ISO 37000:2021 Governance of Organisations; ISO 37002:2021 Whistleblowing Management System; ISO 37301:2021 (formerly ISO 19600) Compliance Management system (CMS); Anti-Money Laundering (AML); and ISO 37001:2016 Anti-Bribery Management Systems ABMS. ABAC® offers a complete suite of solutions designed to help organisations mitigate the internal and external risks associated with operating in multi-jurisdiction and multi-cultural environments while assisting in developing frameworks for strategic compliance programs. Contact ABAC® for more on ISO Certification and training.

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CRI® Celebrates 28 Years with a Trip to Thailand

2018 has been a big year for CRI® Group, a global leader in Risk, Compliance and Anti-Corruption Management Systems. First, the firm was granted accreditation by the Emirates International Accreditation Centre (EIAC) as an ISO 37001:2016 Anti-Bribery Management System Certification and Conformity Assessment Body (the first accreditation of its kind awarded to a certification body specialising in global anti-bribery and anti-corruption, risk and compliance standards).

Then, CRI® Group proudly announced that it will host its Anti-Bribery Summit 2018 in Kuala Lumpur, Malaysia – following the success of last year’s inaugural event. The two-day summit offers expert training and the sharing of best practices for fighting bribery and corruption.

Following both of these major announcements, more than 20 CRI® Group employees gathered in Bangkok, Thailand to celebrate the company’s 28th anniversary. CRI® Group organised the trip to help employees connect, share in their achievements together, and enjoy all of the sights, sounds and great cuisine of Thailand in the ultimate team building trip.

CRI® Group: A Brief History

CRI® Group was originally founded as the “Metropolitan Detective Agency” by Mr. Muhammad Anwar Naveed, the father of CRI® Group CEO Mr. Zafar I. Anjum. It was a one-man private investigation firm that dealt with insurance claim investigations. In 1990, Mr. Zafar Anjum (a former member of the Pakistan Rangers who had earned a Graduate Diploma from Pakistan Detective Training Institute PDTI) formally launched the business as a full flagged district level detection agency with a full range of services including insurance claim fraud investigations, background checks and due diligence.

While working one insurance fraud case in particular, Mr. Zafar Anjum realised that a certain aspect of the affair struck him: Whereas most types of crime are dealt with by the justice system, fraud is peculiar in that it often mandates investigation by an external agency or organisation which specialises in fraud detection.

“I noticed that such organisations were sorely lacking in Pakistan at the time – and that there was a distinct lack of counter fraud education in the general population, which aided those committing fraud greatly”, Mr. Zafar Anjum said. “Furthermore, even where individuals were aware that they were being defrauded, they lacked the knowledge of how to effectively resolve disputes between themselves and the defrauder. Therefore we started a very first corporate investigation company in Pakistan specialising in Fraud Risk Investigations, Risk Consulting and Compliance solutions”.

Mr. Zafar Anjum raised the firm to a new level in 2001 when he incorporated and registered it in Pakistan as a Private Limited Company with a new name: Corporate Research and Investigations (Private) Limited, offering full-scale investigative research services. Corporate Research and Investigations Limited was incorporated in 2006 in the UK, and Corporate Research and Investigations LLC DIFC was incorporated in 2008 in UAE. Today, the company stands as a leader in employee background screening services, investigative due diligence, third-party risk management services and Anti-bribery Management Systems. CRI® Group safeguards some of the world’s leading businesses by establishing the legal compliance, financial viability and integrity levels of outside partners, suppliers and customers seeking for affiliation.

Currently based in London, UK, CRI® Group is a global firm with experts and resources located in key regional marketplaces across the Asia Pacific, South Asia, the Middle East, North Africa, Europe and North America. The company’s success and growth continues, as it recently expanded into North and South America and Asia while opening three new branches: Toronto (Canada), São Paulo (Brazil) and Shanghai (China).

ABAC® Center of Excellence

While reflecting on CRI® Group’s history, Mr. Zafar Anjum said the recent EIAC accreditation is a major milestone and a result of the commitment and hard work of the entire team. CR®I Group administers ISO 37001:2016 Anti-Bribery Management System Certification through its Anti-Bribery and Anti-Corruption ABAC® Center of Excellence, which it launched in October of 2016.

“It is a special honour to be the very first accredited conformity assessment body in Middle East, Asia and the UK”, Mr. Zafar Anjum said. “This accreditation is a testament to the expertise of our global network of audit specialists and the result of 28 years providing high-level risk management and compliance solutions to organisations worldwide seeking to combat the detrimental effects of bribery and corruption”.

CRI® Group’s ABAC®  Center of Excellence was created to educate, equip and support the world’s leading business organisations with the latest in best-practice due diligence processes and procedures, providing world-class anti-bribery and anti-corruption solutions to organisations seeking to validate or expand their existing compliance frameworks to maintain a competitive edge in the world marketplace.

“We are striving to ensure compliance and ethics being best practices for companies and their third-party relationships, and we believe this is a very best defence against all corporate malpractices”, said Mr. Zafar Anjum.

A Time to Celebrate

The idea for the meeting in Thailand grew from CRI® Group’s achievements, and also the company’s focus on human connection as the key to career success, recognising the positive attitudes and encouraging efforts of all employees that help lead the company to new heights year after year. The trip to Thailand was an enthusiastic “thank you” for their hard work.

The group was made up of 22 CRI® Group employees from various worldwide locations. They were joined by Mrs. Kanwal Zafar, wife of Mr. Zafar Anjum, as they gathered in Bangkok for four days. They also visited Pattaya, took a trip to the Coral Island, took a cruise in the river and enjoyed Thai food, culture and each other’s company. As one of the most important aspects of the trip, they engaged in several team building activities to strengthen rapport and communication.

Dubai-based CRI® Group employee Ayesha said: “We had an amazing time in Thailand to celebrate our achievement of accreditation by EIAC. I wish for CRI® Group to have more success ahead so that lots of such trips come our way!”

Austeja, who is based in the UK, said: “The best thing is that we met each other. We do communicate internally a lot, but never met each other in person. I believe from now on, our communication will be even more effective and the bonds we built will help the company to reach even higher goals”.

Muhammad, from Pakistan office, mentioned: “It was my first trip abroad and it was a very peaceful and enjoying journey to Thailand with CRI® Family. Very effectively and thoroughly planned by HR and Admin department. Must say a very well-done job.  Thanks to Sir Zafar and Mam Kanwal for such a memorable trip.”

HR manager Ayesha concludes: “On this auspicious event, I would like to congratulate Mr. Zafar Anjum who have set the foundations of this company 28 years back and worked hard day in and day out to reach heights of success. And this 28th anniversary is very special for all of us as we have achieved EIAC accreditation in this year and we are an Accredited CB for the scope of ISO 37001:2016 ABMS. It is rightly said, and I quote: “Celebrate what you have accomplished, but raise the bar a little higher, each time you succeed”.”

Congratulations to Mr. Zafar Anjum and all CRI® Group employees for an anniversary to remember!

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South African President Jacob Zuma in a high-level corruption scandal

Recently, South African President Jacob Zuma resigned in a late-night address to the country. This week, politicians and pundits continue to reflect on what led to his downfall – which, even in the midst of high-level corruption scandal, never seemed certain. South Africa high-level corruption scandal

Fraud accusations finally proved to be more than Zuma’s presidency could bear. Two years ago, South Africa’s top court found that failed to pay back public funds spent on his private estate. But it was “the reinstatement of corruption, fraud, money-laundering and racketeering charges related to an arms deal” that pushed the needle too far for South Africans (The Economist, titled “Why Jacob Zuma resigned”, 2018).

Investigators allege that Zuma received a staggering 783 payments from a former financial advisor convicted of fraud. But these were not isolated scandals. Zuma has been implicated and suspected in various corruption schemes dating back to the early 2000s… He became seasoned at fighting court battles, in many cases seeing charges dropped, reinstated, and then dropped again.

The situation is a reminder that fraud and corruption still permeate the highest levels of government in many – even most – countries. Indeed, Transparency International’s most recent Corruption Perceptions Index scored South Africa a 43 out of 100 (Transparency.org, titled “Corruption perceptions index 2017”, 2018), noting that the country “continues to stagnate” along with other African countries in the fight against corruption.

It’s troubling news when so many countries and their citizens are trying to make inroads against fraud and corruption, only to see those efforts thwarted by the very leaders they elected. Bribery is still one of the biggest scourges affecting economies today. In fact, Transparency International (titled “Corruption statistics”, 2018) reports that “more than 40 percent of employees at board and senior manager level said that sales or cost numbers had been manipulated by their company.”

But bribery and corruption eventually end in ruin, as former President Zuma’s case underscores. At ABAC Center of Excellence, we understand how critical it is for any organisation to get its integrity due diligence and compliance measures in proper order and create a zero-tolerance environment for corruption and fraud. A proactive way to do that is to engage ABAC Certification, a special program administered by CRI Group and its ABAC Center of Excellence.

ISO 37001:2016 for your organisation

ABAC Certification’s ISO 37001:2016 certifies that your organisation has implemented reasonable and proportionate measures to prevent bribery. These measures involve top-level leadership, training, bribery risk assessment, third-party risk management, integrity due diligence, financial and commercial controls, reporting, audit and investigation.

The ISO 37001 ABMS training and certification help your company address bribery in all its forms, including:

• In the public, private and not-for-profit sectors
• By the organisation
• By the organisation’s personnel acting on the organisation’s behalf or for its benefit
• By the organisation’s business associates acting on the organisation’s behalf or for its benefit
• Of the organisation
• Of the organisation’s personnel in relation to the organisation’s activities
• Of the organisation’s business associates in relation to the organisation’s activities
• Direct and indirect bribery (e.g. a bribe offered or accepted through or by a third party)

ISO 37001:2016 takes into account a compendium of international best-practices, enabling your organisations to apply and implement uniform anti-bribery measures irrespective of the various countries in which they operate. Help turn the tide against bribery in your country, and your industry.

Who is CRI Group?

Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,

In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.

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Manage business intelligence and identify risks

Gathering intelligence isn’t just the stuff of spy movies. It’s also an important part of the business world – and when conducted legally, ethically and effectively, it is a critical tool for any organisation seeking to be successful in their industry or field.

Business investigations are about more than just identifying risk factors or weaknesses. They also reveal opportunities, from emerging commercial markets to potential new partnerships and acquisitions. At CRI® Group, our business intelligence revolves around giving you the information and the edge you need to make smart, insightful decisions that help grow your business.

Consider this: How quickly is the business world-changing in the face of technology and our interconnected world? What is your organisation doing to stay ahead of this curve and position yourself to take advantage of opportunities as they develop? In this article, we’ll talk about how business intelligence can help you grow your business while also avoiding some serious pitfalls.

Market research & analysis: Your key to information

CRI® Group’s market research & analysis experts gather the facts you need to make critical decisions, from entering new markets or industries to partnering with other organisations. Our service is based on getting you accurate information on a timely basis, interpreting and communicating it in a way that makes it easy to integrate it into your business planning.

For example, our CRI® Group’s agents put their investigative skills to work for you by helping you identify and analyse the following factors in your organisation’s market:

• Unmet needs. What gap can your organisation help fill?
• Consumer behaviour and business trends. How can your organisation take advantage?
• Brand awareness and identity. Is your organisation known and respected?
• Commercial viability and potential for success. What’s holding you back?

CRI® Group’s experts also know business trends and market changes and will guide you through the process of effectively communicating your brand and marketing your product through times of transition.

Commercial investigations: Know what you’re getting into

Mergers, partnerships and acquisitions represent another exciting area of potential growth for your organisation. But never go into such major engagements blind. CRI® Group’s comprehensive and thorough commercial investigation services involve a review of all relevant information concerning virtually any business on the planet to ascertain past business dealings, criminal records, executive stability and suspect associations.

Before you engage with another entity, CRI Group’s experts focus on the other organisation’s industry experience, its financial condition, knowledge of applicable laws and regulations, reputation, and the scope and effectiveness of its operations and controls. Our commercial investigations can reveal:

• Details of the organisation’s business and operations
• The organisation’s financial condition and reputation
• Any past or present litigation involving the organisation
• Background checks of the organisation’s key principals
• Reference checks, including peer businesses and industry groups
• Certifications, quality controls and continuous improvement initiatives
• The organisation’s experience in implementing and delivering on the proposed scope of services
• The organisation’s culture, vision and business style
• The organisation’s internal controls, information systems, security, confidentiality and contingency planning documents
• Any existing working relationships to gauge the reliance on subcontractors
• Adequacy of insurance coverage
• Marketing and customer service practices

In business, you need every piece of information available in order to position your organisation for success. With the right mix of market research and analysis and commercial investigations, opportunities will be clearer, and engagements become more secure. Contact CRI® Group today to learn how our business intelligence services can help.

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Investigative research reveals opportunities

Having the critical information you need can mean the difference between success and failure in business. When it comes to investigative research, trained experts can uncover facts that help you make the right decisions; and save your organisation from making costly mistakes. CRI® Group has trained investigators positioned worldwide who can help provide a range of investigative research services. When used as a tool of effective due diligence, investigative research can provide an immediate advantage and be a proven benefit for an organisation in any industry. In this article, we’ll discuss a few ways investigative research can help uncover previously unknown weaknesses.

Finding fraud

Any organisation is susceptible to fraud. To make matters worse, corporate fraud is often a complex crime, requiring a high degree of investigative expertise to ensure that evidence is gathered and handled correctly, interviews are conducted effectively, and laws are carefully followed in the investigation.

CRI® Group has conducted financial investigations for companies worldwide to uncover a variety of criminal activity, including:

• Corporate and accounting fraud
• Asset misappropriation
• Data manipulation or data theft
• Internal & external corruption
• Embezzlement
• Kickback schemes
• Expense manipulation
• Procurement fraud
• Third-party fraud
• IP Infringement
• Insurance fraud

The worst type of fraud scheme is the one you don’t know about. Statistics say that a typical fraud lasts as long as 18 months before it is discovered. With proper investigative research, you can uncover fraud sooner – and hopefully prevent the next one.

Discovering IP Theft

Intellectual property (IP) theft is a serious threat to any organisation. Unfortunately, trying to counteract it can be a slow and expensive process. Using proper investigative research by an expert provider like CRI Group can help uncover cases of IP theft and help you begin the process of securing your property.

Did you know how many types of IP theft are out there? In today’s high-tech world, your organisation can’t afford not to protect its IP assets. Through IP infringement investigations, our experts have helped uncover the following:

• Trade secret breaches
• Data breaches and IP leaks
• Patent investigations
• Theft of proprietary customer data
• Copyright abuse
• Unauthorised use of trademarks
• Counterfeit & pirated products
• Threats to brand integrity and reputation
• Brand imitation & product copying

Uncovering conflicts of interest

Conflicts of interest can cause serious harm and weaken your organisation. They can impact your bottom line, such as when an executive awards business to a colleague or friend at higher prices or partners with an unethical or disreputable third party. Investigative research provides extensive due diligence, looking deep into partnerships and vendors to uncover potential conflicts of interest.

Some of the scenarios CRI® Group’s experts have discovered:

• Criminal conduct and background issues
• Hidden assets
• Shell companies
• Unethical partnerships
• Bid-rigging
• Hidden financial interests among executives or management

Investigative research is critical in helping your organisation stay on top of any issues before spiral out of control. And as an effective tool for risk management, it helps you put preventative measures in place for the future. In business, the more you know the facts, the better positioned you will be. Contact CRI® Group to learn more about how investigative research can help your organisation today.

Who is CRI® Group?

Based in London, CRI® Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, 

Filed under: Anti-Bribery Anti-Corruption Solution, Compliance Solution, Investigative Solution, ISO 37001, Resources by admin
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Former auditor blows the whistle on Ernst & Young

Another egregious case of alleged corruption has rocked the fraud world. A whistleblower accuses Ernst & Young, one of the venerated “Big Four” accounting firms, of “unlawful, unprofessional, and unethical” behaviour for its audit of a Dubai gold company. The gold company, Kiloti, is in turn accused of money laundering and buying gold from conflict zones.

According to the article, titled “Whistleblower claims accountants turned a blind eye to Dubai firm he says painted 5 tons of gold to look like silver” (Business Insider, 2018), the fired former auditor filed documents in high court detailing the accusations. The article notes:

The court documents allege the audit found Kaloti had imported five tons of gold bars from Morocco painted silver, to avoid Moroccan export restrictions on gold, and that cash transactions totalling more than $5 billion made by the company were not reported to the Dubai authorities.

It is also alleged that about 57 tons of Sudanese gold was imported without due diligence checks done to establish whether it had come from a conflict zone, and that Kaloti did business with several organisations listed by US authorities as fronts for terrorism and organised crime.

The case illustrates several truths about corruption today:

Money laundering is still a serious, widespread problem

Anti-money laundering experts help clients avoid these risks, because the negative impacts of money laundering are so significant for any organisation. They include:

• Damaged corporate reputations and brand devaluation
• Eroding employee moral
• Potential consumer boycotts
• Negative investor perceptions
• Possible legal action
• Fines and potential jail terms for directors

Whistleblowers still face repercussions

In this case, it appears the EY auditor was terminated by bringing forth these bombshell allegations. CRI Group counsels clients to encourage fraud reporting, rather than punish it. The best case is to provide an anonymous reporting system, and to respond thoroughly to any tips of corruption, bribery and fraud. Remember, your employees are your first line of defence against fraud. If they aren’t willing to come forward for fear of retribution, fraud and corruption can continue unabated for years.

The UK Bribery Act is in force here

According to the article, the whistleblower and his lawyers allege that EY is in violation of the Bribery Act “because the firm retained Kaloti as a client and continued its good relations with Dubai authorities,” in spite of the alleged known or suspected money laundering.

This is why CRI’s ABAC Center of Excellence places a huge emphasis on helping clients stay diligent and in compliance with all anti-bribery and AML laws and regulations.

ISO 37001:2016 certifies that your organisation has implemented reasonable and proportionate measures to prevent bribery. These measures involve top-level leadership, training, bribery risk assessment, due diligence adequacy, financial and commercial controls, reporting, audit and investigation.

The 3PRM-Qualified™ training and 3PRM-Certified™ certification process for ISO 37001:2016 helps your company address bribery in all its forms, including:

• In the public, private and not-for-profit sectors
• By the organisation
• By the organisation’s personnel acting on the organisation’s behalf or for its benefit
• By the organisation’s business associates acting on the organisation’s behalf or for its benefit
• Of the organisation
• Of the organisation’s personnel in relation to the organisation’s activities
• Of the organisation’s business associates in relation to the organisation’s activities
• Direct and indirect bribery (e.g. a bribe offered or accepted through or by a third party)

Contact ABAC today and find out how we can help your organisation stay better protected from the negative effects of money laundering and bribery, and remain in compliance with all applicable laws and regulations.

ISO 37001:2016 Anti-Bribery Management System certification is offered under CRI Group’s ABAC® Centre of Excellence, an independent certification body established for Anti-Bribery Management System training and certification, ISO 37301 Compliance Management Systems and Risk Management System certification. The program will be tailored to your organisation’s needs and requirements. For assistance in developing and implementing a fraud prevention strategy, contact ABAC today or get a FREE QUOTE now!

Who is CRI Group?

Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,

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Petrobras to $422 million for corruption

The world’s largest builder of offshore oil rigs will pay $422 million in penalties after entering a guilty plea for bribery charges connected with the Petroleo Brasileiro (Petrobras) scandal. The company made illicit payments to both Petrobras officials and government representatives for years.

According to an article in Bloomberg, titled “Keppel Offshore to Pay $422 Million to End Bribery Probe” (2017), Keppel Offshore’s bribery scheme lasted for more than a decade. The payments ran afoul of the Foreign Corrupt Practices Act (FCPA), resulting in the investigation.

The Bloomberg article includes a contrite statement from the company, in part:

“We regret and are deeply disappointed by the actions that we now know to have taken place at the group’s offshore and marine business in Brazil from around 2001 to 2014,” Keppel Corp. Chairman Lee Boon Yang said in an earlier statement. “Any perception that illegal payments can be condoned, if they are made by agents, is wrong and will not be tolerated.”

The action comes as a part of a multimillion-dollar bribery scandal that rocked Petrobras in 2015, leading to investor lawsuit and disgraced government officials. Corruption, bribery and fraud are serious issues in Brazil, along with many other countries around the world that are rushing enact new laws and tools to fight them, while enhancing efforts to enforce rules that are already on the books. Along with the FCPA, the UK Bribery Act and other regulations aim to criminalise corruption across international borders and stem the impact of such illicit acts.

For ABAC Center of Excellence, helping clients navigate the complicated waters of compliance and changing laws is one of our highest priorities – along with helping them stay protected from fraud and corruption. That’s why our CRI’s Certification program offered through the ABAC Center of Excellence offers cutting-edge training and resources for companies to be proactive in their anti-corruption measures.

ISO 37001:2016 Anti-Bribery Management System Certification

ABAC Center of Excellence is a provider of the ISO 37001:2016 Anti-Bribery Management System Certification, which confers many benefits including the following:

• Certification adds a distinct level of credibility to the organisation’s management systems and must be completed by a qualified, independent third-party.
• Ensures that the organisation is implementing a viable anti-bribery management program utilising widely accepted controls and systems.
• Provides assurance to management, investors, business associates, personnel and other stakeholders that the organisation is actively pursuing internationally recognised and accepted processes to prevent bribery and corruption.
• Protects the organisation, its assets, shareholders and directors from the effects of bribery.
• Provides acceptable evidence to prosecutors or courts that the organisation has taken reasonable steps to prevent bribery and corruption.

Don’t wait for bribery and corruption to affect your business. Contact the ABAC Center of Excellence today and learn how CRI’s Certification – and ISO 37001:2016 Certification – can help your organisation be proactive and protected from risk.

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Appointment of Data Protection Officer under GDPR

There is the growing misconception surrounding the need for appointing a Data Protection Officer (DPO) under GDPR which is effective on 25th May 2018. The role of DPO is critical for correct implementation of the newly drafted regulation. Relating to this, the organisation needs to ask itself four main questions before appointing a DPO which are:

1. Do they even need to appoint a DPO?
2. Should they need a DPO anyway for safe measures of compliance?
3. Can the role of DPO be outsourced?
4. Will the DPO be personally liable?
5. When should a DPO be appointed?

I will start by answering the first question. According to article 37(1), GDPR requires data controllers and processors to designate a DPO in any case where:

• The processing is carried out by a public authority or body;
• The ‘core activities’ of the controller/ processor consist of processing operations which ‘require regular and systematic monitoring of data subjects on a large scale’; or
• The core activities of the controller/ processor consist of processing on a large scale of ‘special categories of data’ or personal data relating to criminal convictions and offences.

As per the definition private sector companies will not need to appoint a DPO. Majority of the private companies do not engage in monitoring of personal data, therefore in their course of administration they will not need a DPO. For ready and seamless implementation of the three criteria stated above guidance of Article 29 of Working Party Guidelines on DPO’s issued in 2016 and then 2017 can be sought so that correct measures are taken.

The second question of whether DPO is needed anyway for safe measure of compliance can be answered by making use of Article 37(5) which basically lays down the requirements and puts an organisation under obligation to appoint someone which has adequate knowledge of data protection law and practices, in short, the qualification required for appointment of DPO. Generally, there may be someone who will be fulfilling the role of DPO to be required to meet the standard under GDPR for compliance under Article5(2). The Guidelines also suggest that the knowledge must commensurate with experience, complexity and sensitivity of data with expertise in European data protection laws and with in-depth GDPR knowledge.

It is important to note that the actual role of DPO will be different from that of a normal employee or a contractor in that case as DPO are independent species not bound by the administration and are to operate freely out of their will. This means that they cannot be assigned task or instructed to do tasks assigned by the CEO or the central administration. The level of impartiality needs to be maintained separately from the organisation so there is no corruption and bias in the process of compliance structure when adhering to the GDPR regulation.  In line with this the DPO’s employment status is protected under Article 38(3) of the GDPR, which means they cannot be dismissed or be sanctioned by the organisation from performing or not performing tasks. Therefore, the appointment of a DPO will be a critical juncture in the implementation of GDPR as this will determine the future of compliance standards set and met in the organisation.

Can the role of DPO be outsourced? This is answered under the Article 37(6) of the GDPR which makes it simplistically clear that DPO can be an employee or a contractor. Giving the concerns and apprehensions raised in the above paragraph, many experts in the field of compliance are of the opinion such role needs to be outsourced, rather than being in-house. However, there is no straightforward answer and depends on the requirement and load of the organisation compliance setup. The DPO needs to be involved as per the regulation in a “proper and timely manner, in all issues which relate to the protection of personal data”. The Guidelines state that controllers and processors must develop data processing guidelines or programmes that set out when can the DPO be consulted. If this method is conducted, organisations can perform much productively and meet their compliance goals.

Is DPO personally liable? The Working Party Guidelines state that DPO will not be personally liable in case of noncompliance with GDPR. However, the GDPR text is silent on the issue of liability and the text does not say much and is in fact silent on this. DPO’s will need to be cautious regardless.

Organisations need to decide on the appointment of the DPO and who will be the best one for their need. For this they must conduct their background screening through tools such as EmploySmart™ and finalise candidate fit for this role so that it sits well with the newly identified governance structure of the organisation. Using appropriate background checks will ensure that Data Protection Officers skills are identified before the finalisation of the job. Ultimately what is a better fit for the business, will be determined by the decision-making heads of the organisation as the time is shrinking. Consensus on DPO is the need of the hour.

Who is CRI Group?

Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,

In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.

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Mexico’s Government Is Blocking Anti-Corruption

While many countries and their leaders are making strides against fraud and corruption, some national governments can’t seem to get out of their own way. Such appears to be the case right now in Mexico, where the Mexican government is accused of blocking its own anti-corruption initiatives that were launched earlier this year.

According to an article in The New York Times, “Mexico’s Government Is Blocking Its Own Anti-Corruption Drive, Commissioners Say,” members of a commission put in charge of the anti-corruption effort allege that their efforts to investigate various scandals are being thwarted by the government. As the article reports:

Marred by scandals that have embroiled his administration, his allies and even his own family, Mr. Peña Nieto agreed to the creation of a broad anti-corruption system last year that was enshrined in the Constitution, a watershed moment in Mexico.

But after nine months of pushing to examine the kind of corruption that ignited public outrage and brought the new watchdog into existence, some of its most prominent members say they have been stymied every step of the way, unable to make the most basic headway. At least one of the commissioners quoted in the article is entirely frank as to why they think the government is throwing up road blocks. And it’s more insidious than run-of-the-mill bureaucratic stalling.

“They are panicked that maybe we will go too hard and unravel something, find individuals responsible for corrupt acts,” José Octavio López said. He worked in the administration the last time Mr. Peña Nieto’s party held the presidency, in the 1990s, and is now part of the new National Anti-Corruption System.

“They are used to appointing someone they control,” Mr. López said of the government. But when officials learned that he and others on the new commission wanted to act with impartial independence, he added, “they didn’t like that.”

The fact is that corruption ranks among the worst problems around the world, affecting business, governments, economies and populations. Despite Mexico’s current problems, countries in all corners of the globe are enacting more stringent laws and regulations to try and stem the tide of criminal behavior and financial loss.

CRI Group’s experts have worked with clients at all stages of the process – from conducting due diligence and putting controls in place to protect against fraud and meet compliance requirements, to being called in after-the-fact when fraud has already occurred. Any business leader will attest that the former is a much better situation than the latter. Trying to recover lost funds, repair a damaged reputation and rebuild a business that has been devastated by fraud is a long an uphill battle.

That’s why CRI Group is designed to help organisations be proactive in preventing and detecting fraud and corruption. In 2016, the company launched ABAC® Center of Excellence (ABACGroup.com) – an independent certification body established for ISO 37001:2016 ABMS. The Center provides ISO 37001 training, and its certification services are accredited by the Emirates International Accreditation Center (EIAC).

ABAC® Center of Excellence is made up of experienced experts that have tailored many of the world’s prominent standards, and our tutors will turn you into a professional in embedding it to boost your company to its peak in performance. At ABAC® CoE, we provide you training to constantly enhance your knowledge and task your agents to improve more with following subjects:

ABAC Certification 

• ISO 37001:2016 Anti-Bribery Management System Certification
• ISO 31000:2009 Risk Management Standard
• ISO 19600:2014 Compliance Management System (CMS) Standard

ABAC Training 

• ISO 37001:2016 Lead Auditor Training
• ISO 37001:2016 Internal Auditor Training
• ISO 37001:2016 Introductory Course

At ABAC Center od Excellence, we are immensely committed to the highest ethical standards. Our goal is to enact excellence a convention for companies worldwide. Corruption and fraud aren’t going to go away. And in spite of setbacks in Mexico and some other countries, new rules and regulations are being enforced every day around the world requiring that companies demonstrate integrity, ethical behavior and compliance.

ISO 37001:2016 Anti-Bribery Management System certification is offered under CRI Group’s ABAC® Centre of Excellence, an independent certification body established for Anti-Bribery Management System training and certification, ISO 37301 Compliance Management Systems and Risk Management System certification. The program will be tailored to your organisation’s needs and requirements. For assistance in developing and implementing a fraud prevention strategy, contact ABAC today or get a FREE QUOTE now!

Who is CRI Group?

Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening,

In 2016, CRI Group launched Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.

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Rio de Janeiro law demonstrates

The time is quickly coming to an end when companies could expect to be successful in business without having a strong emphasis on compliance and ethics. The latest evidence of that is the fact that in Brazil, which has been stricken with high-profile fraud scandals in recent years, a new rule requires any companies doing business with the state of Rio de Janeiro to implement an integrity program.

This goes a clear step further than more broad regulations that require compliance programs as a factor of consideration. The Rio de Janeiro law mandates that companies have such programs in place if they contract with the state, or face legal consequences.

According to an article at Global Compliance News, “Brazil: New mandatory compliance programs between companies and Rio de Janeiro State,” the new measure has the following aims:

The law sets forth that its goal is to protect the public administration from irregularities, guarantee that the contracts are executed in compliance with the applicable laws, minimise risks, bring more transparency to contracts and improve the quality of contractual relations.

The law follows the Brazilian Anti-Bribery Law, and “mandates the existence of a compliance program in companies which enter into contracts, partnerships, concessions, or public-private partnerships, with the public administration of the state of Rio de Janeiro, in amounts higher than the legal threshold for the public tender category of competitive tender …” It applies to the following:

• Business organisations and sole proprietorships, incorporated or not, regardless of the type of organisation or the corporate model adopted.
• Foundations, associations of entities or persons.
• Foreign companies with headquarters, branch or representation in the Brazilian territory, incorporated legally or not, even if temporarily.

There is no reason to think that the State of Rio de Janeiro will be the last to institute a strict law of this nature. That is just one of the reasons why CRI Group is helping organisations around the world develop and enhance their own compliance and due diligence programs.

Our CRI Certification program provides certification and continuous training to constantly enhance your knowledge and expand your employees’ skills and understanding of third-party risk management, compliance, anti-bribery and anti-corruption methods and best practices, and helps you stay in compliance with international laws and regulations, as well as local rules such as Rio de Janeiro’s mandatory compliance requirement.

Accredited certification and training

CRI’s Certification body, ABAC Center of Excellence, provides certification and training to businesses seeking to validate or expand their existing compliance frameworks by implementing the latest in best practice due diligence processes and procedures necessary for pursuing and maintaining global third-party affiliations.

• ISO 37001:2016 Anti-Bribery Management System Certification
• ISO 31000:2009 Risk Management Standard
• ISO 19600:2014 Compliance Management Standard

ISO 37001 Training options

The ABAC Center of Excellence is made up of experienced experts that have tailored many of the world’s prominent standards and our tutors will turn you into a professional in embedding it to boost your company to its peak in performance. At ABAC Center of Excellence, we provide you training to constantly enhance your knowledge and task your agents to improve more with following subjects:

• ISO 37001:2016 Lead Auditor Training
• ISO 37001:2016 Internal Auditor Training
• ISO 37001:2016 Introductory Course
• ISO 37001:2016 Impact on Business

ISO 37001 Benefits to You

• Provides training with cutting-edge methods and best practices for your team
• Curriculum is tailored to your organisation’s needs, and on your schedule
• Increases your organisation’s reputation and transparency among stakeholders and partners

Be proactive in keeping your organisation ahead of the curve with new laws and regulations everywhere – and anywhere – you conduct business. Contact ABAC Center of Excellence today and learn how we can help.

Filed under: Anti-Bribery Anti-Corruption Solution, Industry Insights, Resources by admin
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