ICSA Jersey Conference 2019 - Updated presentation slides

Building Board Resilience
ICSA Jersey Conference 2019
Thursday 2 May, Royal Yacht Hotel
@ICSA_News
#JerseyConf19

Welcome and introduction
Robert Le Corre FCIS, Chair, ICSA Jersey

Jersey Financial Services Commission
Martin Moloney, Director General, Jersey
Financial Services Commission

"any kind of criminal conduct relating to money or to financial
services or markets, including any offence involving:
(a) fraud or dishonesty; or
(b) misconduct in, or misuse of information relating to, a
financial market; or
(c) handling the proceeds of crime; or
(d) the financing of terrorism."
FINANCIAL CRIME – AN
UPDATE
2
What is Financial Crime?
UK Financial Conduct Authority

UPDATE
3
When things go wrong…

A Brazilian engineering company, Odebrecht, paid US$788 million in
bribes, some of which flowed through United States banks to 12
countries between 2001 and 2016, through offshore accounts for
shell companies, and in 2010, bought a bank (Meinl Bank Antigua)
to facilitate these payments.
In Odebrecht’s plea agreement with United States and Swiss
authorities:
“[B]y virtue of this acquisition, other members of the conspiracy,
including senior politicians from multiple countries receiving bribe
payments, could open bank accounts and receive transfers without
the risk of raising attention. By acquiring the bank, members of the
conspiracy, including Odebrecht Employee 4 and others, wilfully
facilitated the illegal payment scheme.”
UPDATE
4
Odebrecht (2017)
"The largest foreign bribery case in history"

A small Estonian branch of Danske Bank moved €200bn out of
Russia, Azerbaijan and Latvia
• Inadequate transaction monitoring
• Inadequate CDD
• Failing to establish who was in control of some of its clients
• Inadequate AML resources and reliance on old AML procedures
which Danske assumed were sufficient for handling these
transactions
• The regulator was not informed of this state of affairs until early
2018 (despite occurring in 2007)
UPDATE
5
Danske Bank (Sep 2018)

• 21 Partner London firm
• Failed to take any steps to ascertain, from publicly available
information or otherwise, whether his clients were PEPs or linked
to proceeds of crime.
• Accepted instruction from one party on behalf of a second party,
without determining whether the second party had the authority
to do so, a major breach of CDD rules.
• Failed to engage in ongoing monitoring of the account and
related transactions to see if they changed the initial risk
assessment
UPDATE
6
Child & Child (Dec 2018)

– Moneyval Report on Jersey (2015)
"a continuing number of ML investigations, prosecutions and
convictions in Jersey courts, some of these involving 3rd party
laundering…These cases clearly demonstrate the commitment of
the Jersey authorities, and such results are to be commended and
built upon.
– Mutual Evaluation Report of the Cayman Islands (March 2019)
"While the jurisdiction is focused on taking the financial benefit
out of crime, the investigations and prosecution of ML in the
Cayman Islands are primarily domestic minor predicate offences
which, given the shortcomings associated with the NRA exercise,
may not be fully commensurate with its risk profile."
UPDATE
7
More prosecutions on the way?

1. New tax rules on substance
2. The creation of a central AML ''utility''
3. New technologies
4. Public Registers of Beneficial ownership
5. 6th AML Directive
UPDATE
8
What else is on the horizon?

Taxation (Companies – Economic Substance) (Jersey) Law 200-
• If a business falls within the scope of this law, and is tax resident
in one of the three Crown Dependencies, it must be able to
prove that it has substance by showing that:
• it is directed and managed on the Island
• conducting core income generating activities on the island
• has adequate people, premises and expenditure on the island
• "adequate" is to be determined by a review of the nature and
activities of the business.
UPDATE
9
1. Substance

Allows Governments and financial institutions to pool and access
customer data
• Piggy-backing of CDD
• The UAE already has a system like this using a compulsory ''smart
card'' whereby a person can open a bank account by providing
their card and verify their identification with their fingerprint
• Various companies (the ID register) operating in this space
UPDATE
10
2. A central AML ''utility?

Mobile scanning
• Customer sends the bank a photo of their passport and a video
selfie (which shows them blinking to show they are a real person)
• Bank uses the selfies video and facial recognition software to
verify the match with the passport
Blockchain
• Single, verified chain of KYC data, not owned by any single party.
• Unregulated, work in progress?
UPDATE
11
3. Fintech CDD?

• Ensures the integrity of a jurisdiction's tax system.
• Prevents money laundering and terrorist financing.
• Aids law enforcement.
• Plays a central role in transparency.
UPDATE
12
4. Beneficial Ownership
Why is it important?

"Hiding in Plain Sight" (2017)
"TCSPs will register these companies to UK addresses, often nothing
more than mailboxes. This has created ‘company factories’, where
thousands of companies can be registered to unoccupied buildings with
little to suggest any meaningful business occurs. We found half of the
766 questionable companies we identified were registered to only 8
separate addresses – in one instance a run-down building, next to a bank
on Potters Bar High Street."
"G20 Leaders or Laggards" (April 2018)
The UK Overseas Territories and Crown Dependencies are labelled as a
"problem" due to the operation of "a legal system that creates a veil of
secrecy to obscure the identity of those establishing companies, usually
for the benefit and use of people or companies that are not resident
there."
UPDATE
13
Beneficial Ownership in Jersey
Per Transparency International

UPDATE
14
Making BO information publicly
available
For Against
Mitigates risk Violation of privacy
Integrity of system Could create risk
Single point of contact Cost
Access Verification required
Deterrent of criminal activity No evidence
Hinders tax evasion OECD's CRS Standards

1. Central public register of beneficial ownership information.
2. Introduce mechanisms to ensure that at least some verification
of beneficial ownership information takes place.
3. Do not proceed if the beneficial owner cannot be identified.
4. Regular money laundering risk assessments
5. Prohibit nominee shareholders.
6. Registration of trusts operating in their country.
UPDATE
15
G20 Leaders or Laggards - Transparency
International (April 2018)

June 1991 1st AMLD
Dec 2001 2nd ALMD
Nov 2005 3rd AMLD
June 2017 4th AMLD
July 2018 5th AMLD
Dec 2018 6th AMLD (by 2020 although UK opted out)
UPDATE
16
5. 6th AML Directive

UPDATE
17
Questions?
David Cadin
Managing Partner
T +44 (0)1534 814701
E david.cadin@bedellcristin.com

The road ahead for ICSA
Simon Osborne FCIS, Chief Executive, ICSA

Networking coffee break
@ICSA_News
#GuernseyConf19

Board Evaluation
Peter Swabey, FCIS
Policy and Research Director, ICSA
May 2019

What is the main purpose of board evaluation?
1: To comply with the UK Corporate Governance Code.
2: To identify ways in which the board’s effectiveness might be increased.
3: To demonstrate to stakeholders that the board takes its responsibilities seriously.
4: To provide assurance to stakeholders that the board is and will continue to be effective.

A brief history
1992: The ‘Cadbury’ Code said that the duties of non-executive directors included
“reviewing the performance of the board”.
2003: A recommendation for a “formal and rigorous” annual evaluation of the
performance of the board, committees and directors was introduced to the Code.
Companies are expected to report how it had been conducted, but no requirement to
use external reviewers.
2010: The Code recommended that FTSE 350 companies should have “externally
facilitated” reviews at least every three years.
2011: FRC’s ‘Guidance on Board Effectiveness’ made recommendations on the
scope of the board evaluation.
In parallel, PRA/ FCA have promoted board evaluation in the financial services
sector.

2018 UK Corporate Governance Code (1)
Principle L
“Annual evaluation of the board should consider its composition, diversity and how
effectively members work together to achieve objectives. Individual evaluation should
demonstrate whether each director continues to contribute effectively.”
‘Comply or Explain’ Provisions
21. There should be a formal and rigorous annual evaluation of the performance of the
board, its committees, the chair and individual directors. The chair should consider
having a regular externally facilitated board evaluation. In FTSE 350 companies this
should happen at least every three years. The external evaluator should be identified in
the annual report and a statement made about any other connection it has with the
company or individual directors.

2018 UK Corporate Governance Code (2)
‘Comply or Explain’ Provisions (continued)
22. The chair should act on the results of the evaluation by recognising the strengths and
addressing any weaknesses of the board. Each director should engage with the process
and take appropriate action when development needs have been identified.
23. The annual report should describe the work of the nomination committee, including…
how the board evaluation has been conducted, the nature and extent of an external
evaluator’s contact with the board and individual directors, the outcomes and actions taken,
and how it has or will influence board composition.
Guidance on Board Effectiveness (2018):
More detail on the scope and process of board evaluation.

Use of external reviewers (1)
Source: Annual Review of Corporate Governance and Reporting; Financial Reporting Council (October 2018)

Use of external reviwers (2)
“There were 32 external board evaluators active across the FTSE 350. They include
dedicated board evaluators, one-person firms, larger organisations, academics, and one
search company…
Four organisations undertake 63% of all board evaluations; two-thirds of these are
completed by just two firms…
One organisation completes 30% of all evaluations.”
“There is little evidence that assessment methods are evolving; this is a cause for
concern as it suggests that evaluations might not be bringing truly fresh perspectives.”
“Just 41% of FTSE 350 companies provide good or detailed explanations of how their
board, committees and directors are annually evaluated.”
Source: Corporate Governance Review 2018; Grant Thornton (October 2018)

Areas of concern
• The quality and quantity of independent board reviewers.
• The robustness of their methodologies.
• Potential conflicts of interest.
• The willingness of companies to allow reviewers to carry out a genuinely independent
review, and to act on the findings.
• The usefulness of public disclosures to shareholders, regulators and others.

Carillion – 2016 Annual Report
Corporate Governance report (p56) - Board and Committee performance evaluation
“The Board undertakes a formal review of its effectiveness and that of its Committees on
an annual basis. The 2016 performance evaluation was conducted by Linstock Limited,
an independent corporate advisory firm, which the Board has used for a number of years
to undertake the annual evaluation.”
“The 2016 evaluation confirmed that the Board remained highly effective with its
performance having further improved during the year.”
“Some of the key strengths highlighted by the 2016 evaluation included … the Board’s
approach to risk management and internal control …The evaluation also confirmed that
the Board’s performance and effectiveness had further improved during 2016.”

Carillion – 2016 Annual Report
Chairman’s Introduction to Corporate Governance (p49)
“The annual review of Board effectiveness is an important process for helping to identify
key areas for future improvement or focus. The 2016 review was led by myself and
facilitated by Linstock Limited, an independent corporate advisory firm.”

The Government’s request to ICSA
“The Government will take steps in partnership with stakeholders to strengthen standards
for independent board evaluations and consider also whether shareholders should have a
role in the appointment of an external evaluator. Independent reviews should add fresh
perspective and new ways of thinking to boards and can be particularly useful where there
is a new chairman or there is a known problem around the board, or there is an external
perception that the board is ineffective.
The Government invites ICSA: The Governance Institute to convene a group
including representatives from the investment community and companies to identify
further ways of improving the quality and effectiveness of board evaluations,
including the development of a code of practice for external board evaluations.”
Source: ‘Insolvency and Corporate Governance: Government response’ (August 2018)

ICSA Review: Questions to consider
• Is a code of conduct for board evaluators really what’s needed?
• Is there really a problem with external board evaluation or just an expectations gap?
• If there is a problem, does the fault lie mainly with companies or reviewers?
• If there is an expectations gap, can it be narrowed by more robust processes or more
useful disclosures?
• How can you make external board evaluation more robust without increasing costs for
companies or reducing competition between service providers?
• How can you be sure that disclosures are reliable?

ICSA Review: Possible outcomes
The ICSA is required to submit a report and recommendations to the Government. It might
include:
• A code of practice for providers of board evaluation services.
• Suggested arrangements for monitoring the implementation and impact of the code.
• Voluntary principles to be followed by companies when engaging external reviewers.
• Guidance for listed companies on the disclosure requirements in the UK Corporate
Governance Code.
Consultation is expected to begin in early May.

Thought leadership from ICSA
Thank you

In partnership with:
Is Your Board
Getting the Right Information?

Research – Challenges to Effective Board Reporting
icsa.org.uk/boardreporting

Average length of board packs by annual turnover

Average length of board packs by sector

Most common board pack challenges by annual turnover

Most common board pack challenges by sector

55% of respondents said
“I do not have a clear mandate”

ICSA Jersey Conference 2019 - Updated presentation slides

Three new tools. One mandate for change.
1.Calculator
BoardReportingCalculator.com
2.Assessment
assessyourboardpack.com
3.Guidance

On average, £4.3m is spent
producing board papers each year

64% of respondents feel their board papers don’t help the
board have a focused/productive conversation, classifying
their pack as ‘weak/poor’

1. Calculator – What is the hidden cost of your board reporting?
BoardReportingCalculator.com

2. Assessment – Is your board pack hitting the mark?
assessyourboardpack.com (also available offline)

3. Guidance – How can you close the gap?

Twelve key questions
1. Is the board clear about how it wishes to divide its time
between strategy, operational performance and governance
and compliance matters?
2. Is the board clear about which decisions it needs to take and
the criteria for determining when other matters are significant
enough to be brought to their attention?
3. Do the forward meeting plan and individual agendas reflect
the board’s priorities?
4. Are responsibilities for commissioning, writing, reviewing and
collating the board pack clear?

5. Are authors properly briefed on why the board wants the
paper, what information it needs and how it should be
presented?
6. Do the agenda and individual papers make clear what action
or input is needed from the board?
7. Do papers set out all the relevant considerations and
implications of which the board should be aware?
8. Do you have or need standard formats for different types of
board papers?

9. Is training and support available to authors?
10.Is the board pack easy to navigate and readily accessible for
board members?
11.Are the methods by which the board pack is stored and
distributed secure?
12.Does the board give feedback on the clarity and usefulness of
the papers it receives?

This is just the beginning…
Keep in touch:
Come visit our stand

Boardroom Dynamics
Dr Jeremy Cross
ICSA Guernsey/Jersey Conference 2019
jeremy@bailiwickconsulting.co.uk

Bailiwick Consulting Boardroom Dynamics – May 2018 jeremy@bailiwickconsulting.co.uk
Contents
1.  Why boardroom dynamics?
2.  Defining boardroom dynamics
3.  Your boardroom dynamics challenges
4.  The ABCDE of boardroom dynamics
5.  A board meeting pre-flight checklist

1. Why boardroom dynamics?
•  Corporate failure (even when companies ticked all the boxes)

“Any Chairman who is
described as charismatic
immediately rings alarm
bells for me. Charisma is
very close to narcissism so
the psychological need to
be the centre of attention
comes into play” (Cross,
2013)

If incompetence is not having enough of some important characteristic, for
example conscientiousness, then derailment is usually having too much of a
characteristic.
•  S: Special (believes he or she is special and unique)
•  P: Preoccupied with fantasies (of unlimited success, power, brilliance, etc.)
•  E: Entitlement
•  C: Conceited (grandiose sense of self-importance)
•  I: Interpersonal exploitation
•  A: Arrogant (haughty)
•  L: Lacks empathy

•  Evolution of governance codes

‘…it is remarkable that there is
practically no guidance in the
Code on the main drivers of, and
factors affecting, boardroom
behaviours… Encouraging best
practice boardroom behaviours,
are critical aspects of corporate
governance, but seem currently
to be a neglected area’.

•  Shift in governance research and practice
‘The gap between the contributions of theory and what practitioners are interested in
seems to be widening… Both agency and stewardship studies typically do not reflect the
dynamics of governance – the interplay of power, conflict and ideology’. (Bob Tricker)

•  Shift in governance research and practice
•  Interest in human/behavioural factors

2. What is boardroom dynamics?
noun
‘The theory and application of the behavioural aspects of board functioning’
(Cross, 2019)

Board
demographics
Do directors have
capacity,
capability and
are they well
connected?
Board
structures
Does the board
and committee’s
have appropriate
configuration
and are they
compliant?
Board
attributes
Do directors
display
competence,
commitment and
character?
Board
dynamics
Does the board
model a culture
of cohesion and
challenge?
Technical – ‘on paper’
BoardIndividual
Behavioural – ‘in practice’
11 C’s model
of corporate
governance
(Cross, 2019)

“The presence of expert members may actually decrease team effectiveness if
members are not helped to use the experts’ special talents”
(Wooley et al, 2008)
‘Reading the mind in the eyes’
https://socialintelligence.labinthewild.org

‘Leadership is a potent combination of strategy and character. But if you must be
without one, be without the strategy’.
General Norman Schwarzkopf, leader of the coalition forces in the Gulf War
Professor Roger Steare, the Corporate Philosopher in Residence and Professor
of Organisational Ethics at Cass Business School.

‘Governments and business leaders who build a cage of laws, regulations and
internal processes become high risk, dysfunctional, mindless, fear driven,
bureaucratic, totalitarian communities, dominated and exploited by narrow elites’.
So what can boards do?
‘It may also be beneficial for boards to explain the behavioural tone which is
established in the way it engages with shareholders and the management team
and in the actions it takes. This can be seen as a statement of who we are and
what we stand for. In this context, boards may wish to explain what management
style and behavioural norms they encourage and what behaviours they will not
tolerate’.
Steare (2012)

2. What is boardroom dynamics?
noun
‘The theory and application of the behavioural aspects of board functioning’
adjective
‘The interactions between board members individually and collectively and how these
influence, and are influenced by, their wider stakeholder system’.
(Cross, 2019)

Chapter 3:
Board
demographics
Chapter 2:
Board
structures
Chapter 3:
Board
attributes
Board dynamics
C4: Board cohesion
and challenge
C5: Decision making
C6: Stakeholder
conversations
C7: Board culture
C8: Diversity
C9: Board
environment
Technical
BoardIndividual
Behavioural

3. Your boardroom dynamics challenges
Board dynamics
C4: Board cohesion and
challenge
C5: Decision making
C6: Stakeholder
conversations
C7: Board culture
C8: Diversity
C9: Board environment
What kinds of boardroom
dynamics-related issues do you
find the most challenging?

4. Boardroom dynamics ABCDE
Some key evidence-based summarising principles of how to develop high
performing boardroom dynamics include:
AASK WITH
HUMILITY
DON’T
advocate with
ego
BBUILD
RELATIONSHIPS
DON’T block
relationships
CCHALLENGE
THE ISSUE
DON’T clash
with the person
DDECIDE WITH
EVIDENCE
Dictate with
bias
EEVALUATE
DYNAMICS
Evaluate
structures

5. A board meeting pre-flight checklist
1. Set meeting date and co-create (initially with chairman but also all directors) the meeting
goal/purpose/theme focus and agenda
5. Circulate the confirmed agenda and timings (ideally morning, 3-5 hours with pre-meeting
coffee time and breaks), along with board material, in good time prior to the meeting
7. Arrange appropriate complimentary refreshments
9. Start of meeting: start on time even if attendees have not arrived; ensure refreshments can
be self-served before/during the meeting (for feelings of ownership and so as not to distract
others); complete a meeting agreement on the tasks and behavioural ground rules (including
ethics and technology use)
11. End before or on time (having reviewed meeting agreements)

www.icsa.org.uk/shop/books/updated-qualifying-programme/
boardroom-dynamics
23

Thank you
Dr Jeremy Cross
ICSA Jersey/Guernsey Conference 2019
jeremy@bailiwickconsulting.co.uk

An Introduction to Coaching Skills for
Governance Professionals
Lesley Ward

Why does using coaching skills work?
• Solutions focused
• Individual finds own solutions
• Stretching
• Future looking
• Positive
• Helps individuals understand own strengths and how to use
them
• Change is difficult – supports the building of new habits

IDENTIFY
GOALS
WHERE AM I
NOW?
EXPLORE
ALTERNATIVES
TAKE
ACTION
REFLECT
ACHIEVE
GOALS
ENERGY!INSIGHTS
How does it work?

GROW Model
G OAL What do you want?
R EALITY Where are you now?
O PTIONS What could you do?
W ILL What will you do?
GROW Model
John Whitmore

Using coaching well
• Ask powerful questions to raise awareness and promote
responsibility
• Allow silences
• Listen carefully
• Check understanding/clarifying
• Don’t assume
• Be prepared to abandon your own agenda
• Be open minded and see situations from their perspective
• Willing to adopt a different approach

Goal questions
The purpose of goal questions are to :-
• agree the topic of discussion/the goal for the session as well as short and
long term goals
• establish why the goal is important for them to encourage commitment to
action
“What would you like to change?”
“Where would you like to be at the end of this discussion/next week/next month/next year
“What end result are you looking for?”
“Why is this important to you/the company?”
“How long have you been thinking about it?”
“What difference would it make?”

Reality questions
In order to review the current situation
“What is happening at the moment?”
“How do you see things at the moment/what is your view of the current situation?”
“What is working/worked in the past?”
“What isn’t working?”
“What feedback have you had?”

Options questions
In order to explore the different options available
“What could you do to change the situation?”
“Who might be able to help?”
“What opportunities do you have to learn and practice?”
“What else could you do?”
“What are the advantages and disadvantages of each option?”
“If that option won’t work, what will work?”

Will questions (action questions)
In order to agree specific actions
“What action are you going to take?”
“What are the next steps?”
“Precisely what will you do, when?”
“What support do you need?”
“How can I best support you to achieve this action”

Let’s try it…….
In pairs:-
1 x coachee
1 x coach
“What do you most want to change as a
result of being here today”
10 minutes each

Using coaching skills at work
Governance
Professionals have a
uniquely challenging
role!

Using coaching skills at work
• Managing upwards
• Difficult conversations
• To help your team become high performing and able to
think for themselves
• To help you work through dilemmas or to process new
information

Duncan S Smith FCIM
CIPP/E
iCompli® Ltd.
What are the RISK and
OPPORTUNITIES
presented by emerging
technologies?

@icompli
This is the title
This is the title
• 2018 John Hancock
stops underwriting
traditional life insurance
• Only sells interactive
policies that track fitness
and health data through
wearable tech
No Fitbit, No Insurance.

@icompli
This is the title
This is the title
• Steam – Science –
Digital – Cyber-physical
systems
• the exponential rise of big
data, artificial intelligence
and connectivity
The 4th Industrial
Revolution.

@icompli
‘Exponential’ - Maths 101
4
Sinclair Johnson 2016
Exponential
gets faster
and faster

@icompli
5
No longer ‘just a Telco’, now
a Data Company competing
with Google and Facebook
Verizon collects browsing,
location, interests and other
personal data for marketing
purposes.

MARKETING
Technology is
reshaping sectors

@icompli
7
Feed inferences back in to input
data for subsequent analysis
INFERENCES
ACTIONS
ANALYTICS
PERSONAL
DATA
Opaque or hidden
from users
Actions affect
subsequent behaviour

@icompli
8
INFERENCES
ACTIONS
ANALYTICS
• Anti discrimination law
and pricing algorithms
• Consumer protection
law and pricing
algorithms
• GDPR and non-material
damage and distress
• Reputational damage
• Industry codes of
practice

@icompli
http://www.pnas.org/content/110/15/5802.figures-only
PNAS vol. 110 no. 15 > Michal Kosinski,
5802–5805, doi: 10.1073/pnas.1218772110
• Basic digital records
of human behaviour
• Can automatically
and accurately
predict personal
attributes
• Attributes people
assume to be private

@icompli
Apply a little Magic Sauce
https://applymagicsauce.com/prediction

@icompli
• Integrated with a
RealSense™ camera
• real-time consumer
behaviour/demographic
reports
• Facial recognition
identifying age, gender
and location
https://www.aaeon.com

@icompli
One of the first clues for type
2 diabetes may be a small
amount of bleeding in the
retina
Certain types of
bleeding in the retina
can signal leukemia
the dilation level of the
eyes is considered to be a
key marker of illicit drug
use

@icompli
Extrovert or Introvert?
"The End of Privacy", Dr. Michal Kosinski

@icompli
This is the title
This is the title
• Technology, algorithm?
• Bias, significant effects,
legal effects?
Wealth screening
services

@icompli
The ‘skill gap’
19
• See the
opportunity
• Manage the
risk

@icompli
This is the title
This is the title
• Seizing Opportunity and
Seeing Threat
• Building Information
Governance Frameworks
My world of Data and
Privacy.

@icompli
21
‘Information
Governance Steering
Groups’
SIRO
Implements the
strategy
Legal
CIO
Enterprise vision,
protecting information
assets and systems
Data Protection
Officer
Font of knowledge,
GDPR go-to-person
Heads of Dept.
Data Flows, supply
chains and
partnerships
Information Asset
Owners
Data Flow detail and
use-cases
Reports to the
Board

@icompli
Who ‘sweats’ the detail?
• GDPR applies to profile creation even if you don’t do any
decision-making.
• Profiling has to FAIR and TRANSPARENT
– Discriminating, Understood, logic explained, bought to their
attention?
• Must have a LAWFUL basis for profiling
– Consent, legitimate interest?
• Must advertise and facilitate an ‘opt-out of profiling’
mechanism

@icompli
Is your profiling fair? Safeguards!
• Your statistics will be challenged
• ‘appropriate technical and organisational measures’ to
spot inaccuracies and minimise the risk of errors in
profiling
• DO NOT discriminate on the basis of racial or ethnic origin,
political opinion, religion or beliefs, trade union membership,
genetic or health status or sexual orientation’
24

@icompli
Significant effect?
• Does the automatic
decision making (based
on profiling) required to
show this ad present a
problem?
• Significant or legal
effects?

@icompli
This is the title
• ‘Visionary’
• Data ‘wrangler’
• InfoSec
• IGF e.g. the rise of the Chief
Privacy Officer and DPO
developing a privacy strategy
Acquiring expertise to
LEAD.

@icompli
This is the title
This is the title
1. Retained subject experts
(DPO)
2. Millennials ‘paired’ with
senior leadership team
3. NED appointments
4. Board briefings – short,
sharp, ‘searching’
Do this!

@icompli
iCompli® Limited
‘Developing your Privacy
Strategy
Protecting your reputation’
www.icompli.co.uk

Thank you
Lesley Ward
Email: lward@icsa.org.uk
Tel: 07852 323322

ICSA Jersey Conference 2019 - Updated presentation slides

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