When it comes to corporate compliance, this applies to the rules, regulations and practices an organization puts into place for compliance, this of course according to both external regulations and internal policies. On the other hand regulatory compliance applies to the rules, regulations and practices an organization puts into place for compliance, this only according to external regulations. We can see how both are very similar, and the main difference between them is whether their policies come from internal or external regulations.

There are two main types of compliance that denote where the framework is coming from: corporate and regulatory. Both consist of a framework of rules, regulations, and practices to follow

We can say that compliance is the process of comply with legal and regulatory requirements, industry standards, and community expectations. A business is compliant when it is operating in conformance with legal and regulatory requirements, industry standards, and community expectations.

Regulatory compliance can be a daunting task for any business, but it’s essential for operating legally and avoiding penalties, fines, or legal action. In this blog post, we’ll break down what regulatory compliance is and provide examples of similar regulations internationally.

Regulatory compliance refers to the process by which a company adheres to the complex rules, policies, and procedures that regulate business practices in a particular jurisdiction. This can include compliance with federal, state, and local laws, as well as industry—specific regulations. Compliance with these laws and regulations is often required in order to operate legally and avoid penalties, fines, or legal action.

To ensure compliance, businesses may need to implement policies, procedures, and controls, and conduct regular audits or reviews to ensure that they are in compliance. It’s also important for organizations to stay informed about changes in laws and regulations that may affect their operations.

Here are some examples of regulations that organizations may need to be compliant with:

  • Sarbanes—Oxley Act of 2002 (United States). The Sarbanes—Oxley Act was enacted in response to the high—profile Enron and WorldCom financial scandals to protect shareholders and the public from accounting errors and fraudulent practices. Among other provisions, the law sets guidelines on storing and retaining business records in IT systems. Similar legislation in other countries includes Germany’s Deutscher Corporate Governance Kodex, and Australia’s Corporate Law Economic Reform Program Act 2004.
  • Can Spam Act of 2003 (United States). The Can Spam Act requires businesses to label commercial emails as advertising, use legitimate return email addresses, provide recipients with opt—out options, and process opt—out requests within 10 business days.
  • Health Insurance Portability and Accountability Act (HIPAA) of 1996 (United States). HIPAA Title II includes an administrative simplification section that mandates standardization of electronic health records systems and includes security mechanisms designed to protect data privacy and patient confidentiality.
  • Dodd—Frank Act (United States). Passed in 2010, this act aims to reduce federal dependence on banks by subjecting them, to regulations that enforce transparency and accountability to protect customers.
  • Payment Card Industry Data Security Standard (PCI DSS) (United States). PCI DSS is a set of policies and procedures created by Visa, MasterCard, Discover and American Express to ensure the security of credit, debit, and cash card transactions.
  • General Data Protection Regulation (GDPR) (European Union). GDPR is legislation that went into effect in the European Union in 2018 that updated and unified data privacy laws. The purpose of GDPR is to protect individuals and the data that describes them, and to ensure organizations that collect this data do so responsibly.
  • Data Privacy Act (DPA) ( Philippines) The Data Privacy Act of 2012 is a law in the Philippines that regulates the collection, use, and storage of personal information. It is designed to protect the right of individuals to privacy and data protection.
  • Personal Data Protection Act (PDPA) (Singapore) The Personal Data Protection Act (PDPA) is a data privacy law that regulates the collection, use, and disclosure of personal data. The PDPA was introduced in 2012 and came into full effect in 2014.

As a result, multinational organizations and companies that are looking to expand must be cognizant of the regulatory compliance requirements of each country they operate within. For example, GDPR applies to all organizations that are based outside the European Union, as long as they also operate in the EU.

As we can see, compliance can be a complex and ever-changing landscape. But by staying informed about the regulations that apply to your business and implementing policies, procedures, and controls, you can ensure compliance and avoid penalties, fines, or legal action.

Citation –

Reducing the Risk of Policy Failure: Challenges for Regulatory … – OECD. https://www.oecd.org/gov/regulatory-policy/46466287.pdf.

Cole, Ben. “What Is Regulatory Compliance? – Definition from Techtarget.com.” CIO, TechTarget, 9 June 2022, https://www.techtarget.com/searchcio/definition/regulatory-compliance.

“What Is Regulatory Compliance and Why Is It Important?” PowerDMS, https://www.powerdms.com/policy-learning-center/what-is-regulatory-compliance-and-why-is-it-important.

“Data Protection under GDPR.” Your Europe, 7 June 2022, https://europa.eu/youreurope/business/dealing-with-customers/data-protection/data-protection-gdpr/index_en.htm.

MTC VENTURE

We empower companies to expand their reach and impact by connecting them with the right technology, resources, and partners in Latin America.
We understand that entering a new market can be challenging, and we are committed to providing our clients with the support, legal compliance and expertise they need to succeed in the fast-growing Latin American market.

MTC VENTURE

MTC venture is a US-based company founded by Latin American conglomerates with the sole purpose of helping innovative companies expand their business into the Latin American market.

The Latin American market, also known as LATAM, is made up of 20 countries and territories in Central America, South America, and the Caribbean. With a population of approximately 629 million people and a combined GDP of around $5.5 trillion, it is a large and diverse market with different cultures, languages, and business practices.

LATAM has a rapidly expanding consumer market, making it an attractive destination for companies looking to expand their business. The region is home to a growing middle class, and the economies of the countries in the region are growing at a fast rate.

We believe that technology plays a crucial role in driving economic growth and development, and our mission is to bridge the technology gap between the US and Latin America. With a deep understanding of the local market and a vast network of contacts and partnerships, we provide a comprehensive range of services to help our clients successfully enter and expand in the region.

LEGAL COMPLIANCE

Some of the key areas of legal compliance that companies should be aware of when expanding into Latin America include:

Each country in the region has its own set of labor laws that govern issues such as minimum wage, working hours, and employee benefits. Companies must ensure that they are in compliance with these laws to avoid penalties or legal action.

Tax laws in Latin America can be complex and vary greatly from country to country. Companies must ensure that they are in compliance with local tax laws and regulations to avoid penalties or legal action.

Environmental laws in the region are designed to protect the environment and natural resources. Companies must ensure that they are in compliance with local environmental laws and regulations to avoid penalties or legal action.

Companies must ensure that they are in compliance with local intellectual property laws and regulations to protect their products, services, and brands from infringement or unauthorized use.

Each country in the region has its own set of corporate governance laws and regulations. Companies must ensure that they are in compliance with these laws and regulations to protect their shareholders and avoid penalties or legal action.

The regulations on data protection and privacy laws are becoming increasingly strict in Latin America and companies must ensure they are in compliance with these regulations.

International Laws or agreements that may apply to your operations and intellectual property laws.

It’s important to note that laws and regulations in the region are subject to change and it’s important to stay informed and up-to-date with these changes. It’s also important to have a good understanding of the legal and cultural environment in the country where the company is operating. It’s also advisable to have a legal advisor or a law firm that can provide guidance and support to ensure compliance with the regulations.