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Utilizing regulatory
information
for business advantage
Niklas Koskimies
Partner
9.11.2016
© Eurofacts
Corporate Social
Responsibility
• Standards are the measure stick of quality
• Legal monitoring is tedious, prone to errors
• The new versions are stricter – harder to achieve
• Continuous improvement - cannot be satisfied what you have
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
• Partly doing things right, partly doing the right things
• Avoiding business risks, avoiding image risks
• Keeping business compliant – keeping business legal
• Adapting to political and social pressure
Operative Regulatory Monitoring
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
Old School vs. New School
• Now the whole staff is responsible for
achieving the goals
• In good old 2000 you had an
Excel to list the requirements
• In good old 2000 you had
quality manager to do the
work
• In good old 2000 your audits
concentrated on errors on
lists
• Now you need an application and
constant achievability
• Now they talk about processes and
people
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
Legal Information as a Service
• It is not about lists anymore – content first
• Sources are numerous
• System also for soft law
• E.g. industrial standards, insurance companies,
distribution contracts, labelling
• Tendency to regulate more instead of less
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
Legal Landscape analyses
• Where are we coming from?
• Where are we now?
• What is required from us?
• Are there room for malicious or favourable interpretations?
• Who is pulling the ropes?
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
• Identification of key elements (essential requirements)
• Understanding obligations to the industry
• Assessing the impacts to the value chain
• Impacts to new entries or substitutes
• …and don’t forget your customers.
Risk assessment
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
Trending #regulation #interpretation
• Legal base and regulatory targets
• Advancements on those targets
• Development on the agendas
• Recent cases
• (Political pressure)
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
Opportunities and Threats
• Identify the most essential
• Be precise and on the point
• Call them by a name
• Adapt the strategy
• Survive and excel
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
• If business environment changes, business changes, its value
changes
• Regulation might have positive and negative impacts
• Uncertainty increases the perceived risk
• Tougher requirements raise initial investment costs
– but might lead higher income due less competition.
• New measurement or reporting obligations raise the running
costs
Quantifying the Qualitative – micro
perspective
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
Quantifying the Qualitative – macro
perspective
• Economic Development
• Impact on consumption
• Impact on investments
• Impact on income
• Other markets
• Legal effectiveness
• Achieving its goals
• Efficiency in doing so
NIKLAS KOSKIMIES 9.11.2016
© Eurofacts
NIKLAS KOSKIMIES 9.11.2016
Niklas Koskimies
Partner, Regulatory Affairs
niklas.koskimies@eurofacts.fi
+358 50 563 6467
© Eurofacts

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Utilizing regulatory information for business advantage

  • 1. Utilizing regulatory information for business advantage Niklas Koskimies Partner 9.11.2016 © Eurofacts
  • 2. Corporate Social Responsibility • Standards are the measure stick of quality • Legal monitoring is tedious, prone to errors • The new versions are stricter – harder to achieve • Continuous improvement - cannot be satisfied what you have NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 3. • Partly doing things right, partly doing the right things • Avoiding business risks, avoiding image risks • Keeping business compliant – keeping business legal • Adapting to political and social pressure Operative Regulatory Monitoring NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 4. Old School vs. New School • Now the whole staff is responsible for achieving the goals • In good old 2000 you had an Excel to list the requirements • In good old 2000 you had quality manager to do the work • In good old 2000 your audits concentrated on errors on lists • Now you need an application and constant achievability • Now they talk about processes and people NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 5. Legal Information as a Service • It is not about lists anymore – content first • Sources are numerous • System also for soft law • E.g. industrial standards, insurance companies, distribution contracts, labelling • Tendency to regulate more instead of less NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 6. Legal Landscape analyses • Where are we coming from? • Where are we now? • What is required from us? • Are there room for malicious or favourable interpretations? • Who is pulling the ropes? NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 7. • Identification of key elements (essential requirements) • Understanding obligations to the industry • Assessing the impacts to the value chain • Impacts to new entries or substitutes • …and don’t forget your customers. Risk assessment NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 8. Trending #regulation #interpretation • Legal base and regulatory targets • Advancements on those targets • Development on the agendas • Recent cases • (Political pressure) NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 9. Opportunities and Threats • Identify the most essential • Be precise and on the point • Call them by a name • Adapt the strategy • Survive and excel NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 10. • If business environment changes, business changes, its value changes • Regulation might have positive and negative impacts • Uncertainty increases the perceived risk • Tougher requirements raise initial investment costs – but might lead higher income due less competition. • New measurement or reporting obligations raise the running costs Quantifying the Qualitative – micro perspective NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 11. Quantifying the Qualitative – macro perspective • Economic Development • Impact on consumption • Impact on investments • Impact on income • Other markets • Legal effectiveness • Achieving its goals • Efficiency in doing so NIKLAS KOSKIMIES 9.11.2016 © Eurofacts
  • 12. NIKLAS KOSKIMIES 9.11.2016 Niklas Koskimies Partner, Regulatory Affairs niklas.koskimies@eurofacts.fi +358 50 563 6467 © Eurofacts

Editor's Notes

  1. Honourable minister, dear customers, friends and colleagues, ladies and gentlemen. I was asked to introduce how regulatory information is – and should be – utilized in a business context. Well, I know something about it, being in a business for almost a nine years. It boils down to three issues: operative risk management, strategic threats and opportunities and impacts to business value (as part of overall analysis of effectiveness of the legislation.
  2. Firstly I discuss about operative dimension. According to Corporate Social Responsibility Networks study 55 percent of all companies that considered themselves as responsible Claimed that most difficult thing achieving their goals Was legal monitoring. That is a paradox… Legal compatibility is not responsible business as such, it is mandatory. To demonstrate this many companies have standard obligations to done this properly.
  3. Operative legal monitoring is about avoiding business risks: Keeping the products legal, keeping the processes legal. Manifestation of mistakes are rarely court cases, but loosing business to others, or risking a company image. Illegal activities are as bad as they sound.
  4. This is nothing new… Standard obligations to business and processes have been with us for a long time. How these obligations are received have changed. Old way of doing things is not enough. Back in the old days appointed quality manager solely was responsible to fulfil these obligations – but that’s not in the spirit of quality systems, is it? Now we need to be sure that organization understands the requirements and is capable acting on it accordingly.
  5. The world is not becoming any simpler, On a contrary more complex. Legislators are active on many levels, and regulation is in more detail. And requirements are not a privilege of legislators alone, insurance companies, distributors, NGOs and many more are setting their own agenda for companies to fulfil. As a service this aims to take relevant content in the focus. Trained eye - with experience - is always more efficient than in addition to other duties
  6. Secondly, I want to talk about strategic aspects of regulation. As trends shape up the future business environment as they always changed. Legal or political analysis is often neglected or overlooked. Some say that legislation and business are on a different worlds of their own, but that is, frankly, short sighted. New RED directive almost ruined a business of a Finnish customer, while interpretations of effective and efficient use of radio spectrum were overemphasized by the authorities. Sometimes regulation lags behind the technical advancements, sometimes technical advancements lack behind the political reality.
  7. One should not forgot the impacts to whole value chain. Obligations might be on your competition, new entries, customers or suppliers. As well as it might be a burden to fulfil new requirements, it also hinders the competition thus enabling better margins. Sometimes though tougher requirements mean that whole industry will suffer and substitutes gain marketshares.
  8. The key thing is to understand the legal base – where the regulatory targets come from. Understanding the processes helps to predict the speed how fast the regulation is coming and how much time you and your competition has time to react. Also public and political pressure push legislation and its interpretation forward.
  9. The old saying that: What you cannot see, cannot hurt you! Doesn’t apply. One has to be able to pinpoint the most essential risks and try her best to adapt to the change. Sometimes even drastic measures are needed to be able to survive. More time you have, less expensive it is. Foresight is better than ever so strong hindsight.
  10. Thirdly I want to discuss about value dimension of all this. If indeed environment changes, it has to mean, that business has to change and it certainly means that its value changes as well. As I discussed previously regulation might have both positive and negative impacts on business. It is not always a bad thing. When there are new threats, there are also opportunities to be exploited. With decent amount of expertize it is possible to calculate and quite accurately estimate the changes. Magnitude and direction first, if necessary in more detail, well grounded numeric values as well.
  11. From operative legal monitoring to strategic risks assessments To value analyses of those impacts. It is evident that this has macroeconomic consequences on the society as well Every action has an equal counteraction. If prices go up, consumption goes down. This increases or decreases willingness to invest. Every regulation has its aims and goals. Comparative analyses on other markets can really well demonstrate the effectiveness of the regulation.
  12. All in all the regulatory affairs is a way to understand the environment. If the need is operative risk management, it can be dealt with tailored monitoring services. If the need is strategic threats and opportunities analysis, it can be a joint project to determine logical next steps. If the need is numeric investment value analysis, it can be done alongside of economic factors. If the need is to understand the effectiveness of regulation in achieving its goals, we make an comparative analysis for you. Understanding the legal environment is only way to determine where you want to go and where you need to be heard. Thank you.