We are in an era of enhanced regulatory scrutiny, increasing fines and increasing cooperation between authorities. Regulatory pressure has been building on organizations around the world for some time and we can expect this to continue. Thomson Reuters looked at compliance trends for the year ahead, and one trend that stood out was the swing towards personal liability by authorities.
This focus on personal liability means that there is an increase in personal risk for senior executives, those who are in a position of responsibility which meant that they ‘should have known’. There is therefore increased emphasis on senior individuals’ ability to identify, manage and mitigate their own personal regulatory risks. Many compliance officers are also reportedly feeling vulnerable.
Thomson Reuters has gained insight and views from a wide range of expert sources across the financial services industry through its global events and as part of a series of surveys. In all, well in excess of 2,000 risk and compliance practitioners have contributed their views to the Thomson Reuters analysis on personal liability.
The regulatory focus on accountability and introduction of new regimes appears to be exacerbated by an apparent lack of oversight or awareness from senior managers. This is reinforced by half (49 percent) of participants in the personal liability survey reporting that senior managers do not ‘really know what is going on in their business’.
The widespread expectation that personal liability is set to increase was emphasized by results of voting at the Thomson Reuters New York customer summit where 94 percent of practitioners expected the personal liability of compliance officers to increase in the next year (64 percent expected a significant increase). In London the question was asked as to whose job related personal liability was likely to increase most with a resounding 59 percent responding with the compliance officer.
We explore this theme in our podcast: ‘Global trends in anti-money laundering in 2016’