Mastering the Maze: How to Handle Third-Party Risk Management Regulations

It’s always risky not to pay heed to strengthening your third-party risk management process, more so given the bevy of new legislations and regulations coming up across different regions.

As much as 74% of businesses rated their third-party risk management sophistication as either poor or mediocre, according to research by Moody’s Analytics.

This is so because every successful strategy to navigate third-party risk management regulations begins with a deep understanding of these rules.

Third-party risk management (TPRM) regulations are the rules and guidelines set by regulatory authorities to ensure companies effectively manage the risks associated with their third-party relationships. These regulations vary by industry and region, but they generally require companies to have a formal TPRM program that includes risk assessment, due diligence , ongoing monitoring, and reporting.

These regulations encompass various domains -- from data privacy, like GDPR and CCPA, to anti-corruption laws such as the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act. Then there is EU’s new Corporate Sustainability Due Diligence Directive (CSDDD) and the German Supply Chain Due Diligence Act .

Understanding and complying with these regulations is crucial not only to avoid penalties but also to build trust with stakeholders. It demonstrates that the company is committed to maintaining a robust TPRM program that safeguards its operations, reputation, and financial stability.

Challenges in Implementing Third-Party Risk Management Regulations

• Understanding the regulations and translating them into actionable policies and procedures can be complex. This requires a deep understanding of the regulations, the company's operations, and the risk landscape.
• The global nature of many third-party relationships adds another layer of complexity. Companies need to comply with regulations in different jurisdictions, which may have different requirements and interpretations.
• Monitoring compliance with regulations can be resource intensive. It requires ongoing monitoring, data collection, and reporting, which can be time-consuming and costly.
• Regulations are constantly evolving, requiring companies to stay updated and adjust their TPRM program accordingly. This can be particularly challenging in sectors such as technology and finance, where regulations are frequently updated to keep pace with changes in the risk landscape.

How to Navigate Third-Party Risk Management Regulations

Developing Robust Internal Policies:

Clear, concise, and comprehensive policies are the cornerstone of compliance. These policies should include guidelines for vendor selection, monitoring, and relationship management. These guidelines should explicitly state the standards vendors must meet, the metrics used for evaluation, and the procedures to manage non-compliance.

Building a Strong Compliance Culture:

Regulations are not just the responsibility of your compliance team but should be ingrained into your organization's culture. Foster a culture that values transparency, ethical behavior, and corporate responsibility. Conduct regular training to ensure every employee, from new hires to senior management, understand these policies and their importance. An informed and involved team significantly reduces the risk of non-compliance.

Implementing a Comprehensive Vendor Evaluation Process:

A rigorous vendor evaluation process plays a significant role in managing third-party risks. Before entering any business relationships, assess vendors against your internal policies. This assessment should cover financial health, cybersecurity posture, adherence to labor laws, and data handling practices. Prioritize these aspects based on your industry.

For example, in the healthcare industry, data privacy compliance should be paramount, while in manufacturing, labor law compliance might take precedence.

Tailoring Due Diligence Efforts:

Adopt a risk-based approach to due diligence. Not all third parties present equal risks. Classify them based on the level of risk they pose and tailor your due diligence efforts accordingly. High-risk third parties, such as those in unstable regions or sectors with a high incidence of corruption, should be subject to enhanced due diligence.

Adopting Technology for Continuous Monitoring:

Third-party risk management isn't a one-and-done process. Continuous monitoring of third-party relationships is necessary to ensure ongoing compliance. Invest in technology that enables real-time monitoring and generates alerts for potential issues. This proactive approach helps to prevent issues before they escalate into serious violations.

Up to 70% of the respondent companies in the Moody’s Analytics research said they are increasing their investment in third-party risk management.

Also Read: Third-Party Risk Management Guide

Conclusion

Mastering third-party risk management regulations is no small feat, but with a strategic and proactive approach, it is entirely achievable.

Understanding the regulatory landscape, developing strong internal policies, fostering a compliance culture, conducting thorough vendor evaluations, tailoring due diligence efforts, and investing in technology for continuous monitoring are key elements of this strategy.

With these measures in place, procurement executives can ensure compliance, avoid penalties, and foster a reputation for integrity and ethical conduct.