O que é compliance? | Indústria de A a Z (Ep. #31)

Summary

This video explains the concept of compliance in the corporate world, emphasizing its importance for maintaining ethical and legal standards. The term 'compliance' refers to aligning with rules and regulations, helping companies avoid misconduct, fraud, and legal risks. The video covers tools like ethical codes, risk assessments, and internal investigations. It also highlights the significance of global anti-corruption laws and regulations such as the FCPA and Brazil's anti-corruption law. As businesses increasingly adopt compliance practices, it's clear that compliance is essential for operational integrity, competitiveness, and reducing corporate risks.

Takeaways

• 😀 Compliance means adhering to rules and regulations, and is essential in the corporate world.
• 😀 The lack of compliance can risk a company's reputation and internal stability, even leading to legal issues.
• 😀 A major component of compliance is ensuring that employees follow the company's code of ethics and conduct.
• 😀 Key compliance tools include risk assessments, internal investigations, and having proper reporting channels for misconduct.
• 😀 Due diligence is crucial when selecting suppliers, to ensure no irregularities or compliance risks are present.
• 😀 In Brazil, the Anti-Corruption Law (Law 12.846) was a major turning point in corporate compliance practices, introduced in 2013.
• 😀 The U.S. Foreign Corrupt Practices Act (FCPA), created after the Watergate scandal, affects companies globally, not just American ones.
• 😀 Compliance helps organizations remain competitive by reducing legal risks and operational costs.
• 😀 In 2021, 7 out of 10 business owners surveyed stated that compliance is essential for corporate success.
• 😀 Around 49% of Brazilian companies have dedicated compliance departments or professionals.
• 😀 Compliance is linked with Environmental, Social, and Governance (ESG) practices, promoting responsible corporate conduct.

Q & A

What is the meaning of 'compliance' in the corporate world?

In the corporate world, compliance refers to the adherence to laws, regulations, ethical standards, and internal policies to ensure that businesses operate responsibly and avoid legal issues.

Why is compliance so important in companies?

Compliance is crucial because it prevents misconduct, unethical behavior, and legal violations, thereby protecting a company's reputation, ensuring smooth operations, and fostering a safe work environment.

What tools are commonly used in compliance programs?

Common tools in compliance programs include a code of ethics, risk assessments, internal investigations, reporting channels for whistleblowers, and due diligence when selecting suppliers.

What is the meaning of 'due diligence' in compliance?

'Due diligence' refers to the process of thoroughly vetting and researching potential business partners, such as suppliers, to ensure they adhere to ethical and legal standards before entering into a contract.

How does compliance affect a company's reputation?

A strong compliance program helps maintain a positive reputation by ensuring that a company operates ethically and follows laws, while failure to comply can lead to scandals, legal penalties, and a damaged public image.

What is the significance of the FCPA (Foreign Corrupt Practices Act)?

The FCPA is a U.S. law that prohibits companies from bribing foreign officials to gain business advantages. It affects not only American companies but also global companies that operate in international markets.

How does the Brazilian anticorruption law (Lei 12.846) relate to compliance?

Brazil's Lei 12.846, enacted in 2013, holds companies accountable for corrupt actions, both in their dealings with public officials and in general business practices, thus encouraging corporate compliance and transparency.

What role does compliance play in the ESG (Environmental, Social, Governance) framework?

Compliance plays a significant role in ESG practices by ensuring that companies adhere to environmental, social, and governance standards, thus supporting sustainable and ethical business operations.

What was the impact of the Watergate scandal on U.S. corporate regulations?

The Watergate scandal led to the creation of the Foreign Corrupt Practices Act (FCPA), which established stricter rules on corporate behavior, particularly regarding bribery and corruption in foreign dealings.

How did international treaties like the OECD and the UN Convention affect compliance practices?

International treaties such as the OECD and the UN Convention against Corruption set global standards for combating corruption, which encouraged countries to adopt more robust compliance laws and frameworks in both public and private sectors.