Understanding Global Regulatory Requirements for Third Party Risk Management

Understanding Global Regulatory Requirements for Third Party Risk Management

By: Beaconer, Sep 3, 2024

Understanding Global Regulatory Requirements for Third Party Risk Management

Nowadays, companies are deeply integrated and frequently depend on intermediaries to improve processes and develop novelty. As crucial as these partnerships are for growth, they also bring unique risks we have not historically faced, especially when third parties need to meet international regulations.

Mitigating these risks entails knowledge of the regulatory framework in different legal systems in the sister organizations. This blog post further discusses why managing third party risk is so crucial, examines some of the fundamental regulatory regimes worldwide, and outlines practical recommendations for adhering to them.

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The Importance of Third Party Risk Management

When venturing into international markets, businesses participate in contracts with third party suppliers, vendors, and partners. Although such associations are strategic for expansion and business functionality, they pose threats to organizational image, stability, and lawful compliance. Third party risks can be from external sources, including cyber-attacks, violation of rules and regulations, failure in operational processes, and malicious activities.

Key Risks Associated with Third Parties

  1. Data Security Risks: In some cases, these third parties must have access to certain data, and this makes them vulnerable to hacking.
  2. Compliance Risks: Failure to adhere to the laws of a particular country or international law by the third party can have implications for the law of the contracting organization.
  3. Reputational Risks: Unethical or non-compliant third parties might be detrimental to their business partners as it reduces customer faith in firms.
  4. Operational Risks: Outsourcing also has drawbacks, including the fact that output is heavily dependent on the vendor’s performance.

Key Global Regulatory Frameworks for Third Party Risk Management

Various countries and states have developed rules regarding the management of third party risks in companies. Many of these regulations entail the establishment and enforcement of effective TPRM solutions in organizations and make them responsible for the behaviors of third parties. undefined

General Data Protection Regulation (GDPR) – European Union

The GDPR is among the premier data protection laws adopted worldwide. It requires organizations to ensure third parties handling or processing the personal data of EU citizens meet data protection requirements. This includes entering into a data processing agreement and performing periodic checks to ensure compliance. Failure to adhere may lead to significant penalties, explaining why Third Party risk management programs must be robust and efficient in organizations.

California Consumer Privacy Act (CCPA) – United States

Like the CCPA, the GDPR requires companies to safeguard personal information, particularly that of California residents. To this end, organizations must maintain the CCPA standards regarding this data with third party vendors. This includes third party assessments, clauses in contracts, and guaranteeing that third party vendors have adequate protection as the organization.

Financial Industry Regulatory Authority (FINRA) – United States

FINRA lays down the rules of operation for brokerage firms and exchange markets in the U. S. It mandates that financial institutions implement third or fourth party risk management programs to identify the risks posed by third party vendors. Organizations must confirm and make sure that their vendors are in legal conformity with FINRA rules and regulations, especially with regard to information technology, with emphasis on cybersecurity, data protection, and AML.

The Bank of England’s PRA Rulebook – United Kingdom

Currently, the regulation for the management of risks that are associated with outsourcing and third parties has been provided in the Prudential Regulation Authority (PRA) Rulebook for the financial institutions operating in the UK. Entities have a professional responsibility to carry out proper due diligence of these third parties and guarantee the existence of proper controls. This also involves evaluation of third parties’ performance and guaranteeing conformance to the appropriate laws as well.

The Monetary Authority of Singapore (MAS) Guidelines on Outsourcing

MAS outlines standard provisions that should be followed by the financial institutions located in Singapore to regulate outsourcing risks. These guidelines entail the assessment of third party business partners in a bid to determine whether they have sound controls that help them reduce risks such as data loss, system breakdown, and compliance concerns.

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Best Practices for Managing Third Party Risks

Hence, to mitigate third party risks, appropriate strategies must be developed with the help of continuous compliance with the international standards adopted in different countries. Here are some best practices that organizations should adopt:

Conduct Thorough Due Diligence

It is recommended that prior to entering into any relations with a third party vendor, the organization carry out a risk analysis of the third party. This comprises assessing the vendor for its solvency, legal compliance, data security measures, and general ethical credentials. Research enables organizations to realize that there is a potential risk and decide whether to conduct business with a specific seller.

Implement Robust Contracts and Service Level Agreements (SLAs)

These two legal documents are very useful when it comes to mitigating third party risk claims. Contracts must specify the vendor’s obligation regarding legal compliance requirements, data security measures, and service delivery. Vendor-specified Key Performance Indicators and penalties for failure to meet agreed-upon standards should be part of SLAs.

Regularly Monitor and Audit Third Parties

Regular audits and continuous monitoring remain key to ensuring that third party vendors comply with regulatory needs and contractual obligations. Companies should establish proper monitoring of the framework, including performance evaluations, on-time reviews, and on-site audits. This can help identify possible issues at the onset, enabling on-time remediation.

Establish a Vendor Risk Management Program

VRM, or TPRM support services, offers a well-structured approach to the effective management of third party risks. Reportedly, the global market size of Vendor Risk Management was estimated at $9.22 billion in 2023 and is projected to reach 58.71 billion by 2036 end. It comprises identifying and categorizing vendors based on the level of risks involved, conducting regular risk assessments, and implementing the best risk mitigation strategies. A thorough VRM approach would aid companies in focusing their efforts on effectively allocating resources.

Stay Updated with Regulatory Changes

The regulations governing third party risk management are constantly evolving. Companies should remain updated with key regulatory changes, ensuring that the TPRM programs match the requirements. This involves revising the contracts, boosting the monitoring practices, and updating the risk evaluations.

Conclusion

Comprehending the worldwide legislative mandates for third party risk mitigation is imperative for enterprises functioning in the contemporary globalized landscape. By doing this, the company not only shields itself from possible legal and financial fallout but also builds consumer and stakeholder trust and reputation.

Author Bio

Nagaraj Kuppuswamy

Nagaraj Kuppuswamy is the Co-founder and CEO of Beaconer, an esteemed enterprise specializing in managed third-party risk using the cloud native AI based solution. With an extensive portfolio of accolades and industry certifications, Nagaraj stands out as a seasoned expert, boasting over 16 years of dedicated involvement in the field of Cybersecurity. Throughout the course of their career, he has predominantly focused on elevating the realm of third-party risk assessment.

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