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The Regulatory Race: 4 Strategies for Financial Institutions to Stay Ahead of Compliance Challenges

By Livingstone Clarke, DTCC Director, Risk Policy & Advocacy, Operational & Technology Risk, External Engagements | 4 minute read | November 12, 2024

Financial institutions are continuously managing changes within the regulatory landscape. However, with the right strategic approach, institutions can potentially mitigate the challenges associated with ensuring compliance and reduce the burden on business operations.

For financial institutions, complying with the constant stream of new and updated cyber and resilience regulations can introduce several challenges. Cyber and resilience regulations are continually being developed or updated, and institutions must stay informed about these changes to ensure the best possible compliance outcomes.

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Implementation Challenges

Since many institutions must track numerous regulations across multiple jurisdictions, compliance can become a time-consuming and resource-intensive task. Firms also must consider the potential impacts of new rulemaking on their clients and third-party service providers.

The interpretation of some regulatory requirements can be its own barrier for implementation. Cyber and resilience regulations are highly technical and can be challenging to understand, let alone comply with. This complexity can lead to confusion and costly errors, which can have severe consequences for the firm and its customers.

In addition, implementing new regulations can also be costly for financial institutions. Compliance with new regulations can require significant investments in IT infrastructure, changes to internal frameworks and hiring additional resources. These costs can be burdensome, especially for smaller institutions with capital limitations restricting allocations toward compliance efforts.

Strategies to Stay Ahead

To combat these challenges, the following outlines four principles that financial institutions can implement to help stay ahead of new regulations and mitigate the risk of non-compliance.

  1. Proactively Monitor Regulatory Development
  2. Being informed of the latest and relevant regulatory developments is a great way to stay ahead. Firms should proactively monitor the information releases from their relevant financial authorities on examination priorities or pending regulations that could be applicable to the institution.

    Keeping your institution informed about the latest regulatory changes may involve subscribing to industry newsletters, attending relevant symposiums and public/private workshops, or consulting with external regulatory experts who offer guidance. These resources can serve as a valuable early indicator of the potential impact of new regulations on an institution and help provide additional lead time for the institution to formulate a pragmatic implementation strategy.

  3. Validate cyber and resiliency risk tolerance regularly
  4. Regulatory bodies now insist on transparency and accountability. Once a proposed regulatory change is identified, conduct an impact analysis to understand how the change will impact operations, processes, products, services and compliance requirements.

    Risk assessment is a key component because your institution should identify, assess and manage potential risks to effectively comply with regulations and standards. The assessment will provide the opportunity to define and agree about what risk is acceptable for your institution. Additionally, it is recommended to review periodically the effectiveness of the control framework against your risk tolerance. Regular testing ensures that controls function as intended.

  5. Build a Strong Compliance Culture
  6. This involves ensuring that all employees understand the importance of compliance, how it applies to an employee's job function and who to contact with questions. To reinforce this message, firms can leverage existing policies and procedures that enable compliance and train employees on the firm's regulatory landscape.

    This approach helps foster a culture that assures compliance obligations remain a top priority for all employees across the financial institution.

  7. Engage with Trade Associations and Industry Groups
  8. These organizations often play a critical role in shaping regulatory policy and can provide valuable insights into the potential impacts of new rules. They can also offer opportunities for firms to share their perspectives with peer organizations and financial authorities, which can inform the policy outcomes that are driven across the sector.

    Organizations such as the Bank Policy Institute (BPI), the Securities Industry and Financial Markets Association (SIFMA) and the Financial Service Sector Coordinating Council (FSSCC) are just a few industry groups that provide this access.

Finding the Right Approach

While implementing new regulations in the financial industry can be challenging for firms, identifying the right approach, staying informed about the regulatory landscape, building a robust organizational compliance culture, investing in technology and automation and seeking external advice are keys to ongoing success. Financial institutions should also explore ways to advocate for policies that are in the best interest of the institution and the broader financial sector.

There is no right or wrong way in how financial institutions get involved in shaping regulations, so be innovative in your approach. By adopting any, or all these strategies, financial institutions can help assure compliance and protect themselves, their customers, counterparties and clients from cyber and resilience risks.

Livingstone Clarke Headshot
Livingstone Clarke

DTCC Director, Risk Policy & Advocacy, Operational & Technology Risk, External Engagements

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