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© Operational Excellence Consulting. All rights reserved.
© Operational Excellence Consulting. All rights reserved.
ISO 37301:2021
Compliance Management Systems
© Operational Excellence Consulting. All rights reserved. 2
© Operational Excellence Consulting. All rights reserved. 2
Learning Objectives
Provide
background
knowledge of
ISO 37301
Gain an
overview of the
ISO 37301
structure
Understand the
ISO 37301
certification
process
Describe the
audit approach
and learn useful
tips on handling
an audit session
NOTE: This is a PARTIAL PREVIEW. To
download the complete presentation, please
visit: https://www.oeconsulting.com.sg
© Operational Excellence Consulting. All rights reserved. 3
Contents
2
3
4
ISO 37301 Structure
ISO 37301 Certification
Handling an Audit Session
1 Overview of ISO 37301
© Operational Excellence Consulting. All rights reserved. 4
Introduction to Compliance Management
§ A Compliance Management System (CMS) is a set of processes
to make sure that an organization operates in accordance with all
applicable laws, regulations and codes of conduct
§ Due to the ever-changing nature of laws and regulations across
countries and regions, keeping up to date with the applicable
regulations is a never-ending task
§ An effective CMS enables you to determine the relevant documents,
to ensure compliance across the organization and to track and
improve compliance
© Operational Excellence Consulting. All rights reserved. 5
What is Compliance?
Meeting all the needs or expectations that are
stated, generally implied or obligatory that
an organization has to comply with or
chooses to voluntarily comply with.
© Operational Excellence Consulting. All rights reserved. 6
Compliance Management
Why
Compliance
Management?
© Operational Excellence Consulting. All rights reserved. 7
Real Life Cases of Non-compliances
Facebook to pay $650 million in 2021
to settle a class action lawsuit over the
use of facial recognition software for its
“tagging” feature involving photographs
without consent, which was prohibited
under Illinois privacy law.
HSBC to pay a $1.9 billion fine to
regulators for a lack of adequate
control processes in compliance and
anti-money laundering in 2012.
Mattel to pay $2.3 million in civil
penalties for violating a federal lead
paint ban that resulted in the recall of
millions of its Barbie, Dora and other
popular-branded toys in 2007.
French regulatory body Commission
Nationale de L’informatique et des
Libertés (CNIL) imposed a GDPR fine
of €50 million in 2019 against Google
for lack of transparency and valid
consent.
© Operational Excellence Consulting. All rights reserved. 8
What is ISO 37301?
§ ISO 37301:2021 specifies
requirements and provides
guidelines for establishing,
developing, implementing,
evaluating, maintaining and
improving an effective
Compliance Management
System (CMS) within an
organization
§ Published in April 2021
§ Replaced ISO 19600:2014
§ A certification model
© Operational Excellence Consulting. All rights reserved. 9
What is the Purpose of ISO 37301?
§ Provides a framework to assist in
the implementation of specific
compliance-related requirements
in any management system
§ Defines requirements and
provides guidance for establishing,
developing, implementing,
evaluating, maintaining and
improving an effective compliance
management system in
organizations
© Operational Excellence Consulting. All rights reserved. 10
Who is ISO 37301 For?
§ Applies to all types of
organizations regardless of
the type, size and nature of
the activity
§ Covers any organization
from the public, private or
non-profit sector
© Operational Excellence Consulting. All rights reserved. 11
With the publication of ISO 37301 in April 2021, the
ISO 19600 is withdrawn and becomes obsolete.
What is the Difference Between ISO 37301 and ISO
19600?
ISO 19600
§ Published in 2014
§ Type B Management System
Standards
§ Only a set of guidelines
§ Not for certification
ISO 37301
§ Published in April 2021
§ Type A Management System
Standards
§ Specifies requirements and
provides guidelines
§ A certification standard
© Operational Excellence Consulting. All rights reserved. 12
What Benefits Can ISO 37301 Provide?
§ Developing a culture of
compliance
§ Addressing and overcoming
compliance issues
§ Protecting the organization’s
reputation
§ Preventing and detecting
unethical conduct
§ Improving the organization’s
sustainability
§ Building customer trust and
loyalty
© Operational Excellence Consulting. All rights reserved. 13
Overview of Annex L
§ Although Annex L is a framework for a generic management system,
it requires the addition of discipline-specific requirements to make a
fully functional standard
Annex L
High-level
structure
Identical core
text
Common
definition
© Operational Excellence Consulting. All rights reserved. 14
HLS: The Same Core Elements
Environment
ISO 14001
Food Safety
ISO 22000
Quality Management
ISO 9001
Occupational
Health & Safety
ISO 45001
THE SAME
CORE
ELEMENTS
ISO 37301 can be combined with existing management system standards
(e.g. ISO 9001) and generic guidelines (e.g. ISO 31000).
© Operational Excellence Consulting. All rights reserved. 15
ISO 37301 is Based on the ISO High-Level Structure
(HLS) for Management System Standards (MSS)
1. Scope
2. Normative References
3. Terms & Definitions
4. Context of the Organization
5. Leadership
6. Planning
7. Support
8. Operation
9. Performance Evaluation
10. Improvement
© Operational Excellence Consulting. All rights reserved. 16
The Plan-Do-Check-Act (PDCA) Process Model
Implement the processes
of the CMS
Establish objectives,
programs and processes
necessary to deliver
results in accordance with
the organization’s CMS
policy
Monitor and measure
activities and processes
with regard to the CMS
policy and objectives,
and report the results
Take actions to
continually improve the
CMS performance to
achieve the intended
outcomes
Plan
Do
Act
Check
© Operational Excellence Consulting. All rights reserved. 17
Elements of a Compliance Management System
Source: Based on ISO 37301:2021
PRINCIPLES
INTEGRITY | GOOD GOVERNANCE | PROPORTIONALITY | TRANSPARENCY | ACCOUNTABILITY |
SUSTAINABILITY
OBJECTIVES
INTEGRITY | CULTURE | CONFORMITY | REPUTATION | VALUE | ETHICS
ORGANIZATION & ITS CONTEXT
LEGAL | SOCIAL | CULTURAL | DIGITALIZATION | FINANCE | STRUCTURE | ENVIRONMENT |
INTERESTED PARTIES
COMMITMENT AT ALL
LEVELS
DETERMINING THE SCOPE
COMPLIANCE POLICY
ROLES & RESPONSIBILITIES
OBLIGATIONS & RISKS
SUPPORT
COMPETENCE & AWARENESS
COMMUNICATION & TRAINING
OPERATION
CONTROLS & PROCEDURES
DOCUMENTATION
INTERNAL AUDIT
MANAGEMENT REVIEW
MONITORING & MEASUREMENT
RAISING AWARENESS
INVESTIGATION PROCESS
MANAGING NONCOMPLIANCE
CONTINUAL IMPROVEMENT
CHECK DO
PLAN
ACT
LEADERSHIP
GOVERNANCE
CULTURE
LEADERSHIP
GOVERNANCE
CULTURE
© Operational Excellence Consulting. All rights reserved. 18
ISO 37301 Key Clause Structure (4-10)
PLAN DO CHECK ACT
4. Context of the
organization
5. Leadership 6. Planning 7. Support 8. Operation 9. Performance
evaluation
10. Improvement
4.1 Understanding the
organization and its
context
5.1 Leadership and
Commitment
6.1 Actions to address
risks and opportunities
7.1 Resources 8.1 Operational planning
and control
9.1 Monitoring,
measurement, analysis
and evaluation
10.1 Continual
improvement
4.2 Understanding the
needs and expectations
of interested parties
5.2 Compliance policy 6.2 Compliance
objectives and how to
achieve them
7.2 Competence 8.2 Establishing controls
and procedures
9.2 Internal audit 10.2 Nonconformity and
corrective action
4.3 Determining the
scope of the compliance
management system
5.3 Roles,
responsibilities
and authorities
6.3 Planning of changes 7.3 Awareness 8.3 Raising concerns 9.3 Management review
4.4 Compliance
management system
(CMS)
7.4 Communication 8.4 Investigation
processes
4.5 Compliance
obligations
7.5 Documented
information
4.6 Compliance risk
assessment
© Operational Excellence Consulting. All rights reserved. 19
Becoming ISO 37301 Certified
§ The certification body examines the
CMS for conformity to the ISO
37301:2021 standard
§ The CMS audit is a compliance audit
§ Certification means the organization
has a documented CMS that is fully
implemented and meets ISO
37301:2021 requirements
§ After the successful completion of the
certification audit, you will receive a
certificate which is valid for three years
§ To maintain your certification, annual
surveillance audits are required
© Operational Excellence Consulting. All rights reserved. 20
ISO 37301 Certification Process
Implementation of
Compliance
Management
System
Conduct Internal
Audit and Review
Result by Top
Management
Selection of a
Certification Body
Stage 1 Audit
Stage 2 Audit
Confirmation of
Registration
Continual
Improvement and
Surveillance Audits
© Operational Excellence Consulting. All rights reserved. 21
Audit Findings
Minor Non-conformity
Observation
Major Non-conformity
© Operational Excellence Consulting. All rights reserved. 22
How to Handle the Audit Session?
§ Do not panic
§ Ask and clarify
§ Admit obvious non-conformities
§ Offer evidence and explain
patiently
§ Take note of improvement
areas highlighted by the auditor
§ Show internal audit report,
when necessary
© Operational Excellence Consulting. All rights reserved. 23
Auditee’s Conduct
§ Polite
§ Professional
§ Positive / Receptive
§ Sincere
§ Commitment
§ Formal but not overly serious
© Operational Excellence Consulting. All rights reserved. 24
Interacting with Auditors
§ Be honest and open
§ Recognize they may be experts
§ Realize they may not be subject matter
experts
§ Understand the purpose of the meeting and
review related records prior to interviews
§ Turn mobile phones to silent mode
© Operational Excellence Consulting. All rights reserved. 25
Interacting with Auditors
§ Assume auditors are familiar with your
organization’s CMS
§ Challenge auditors
§ Show more competence in ISO 37301
§ Argue internally
§ Express unfairness
§ Ask for solution
§ Fix non-conformities on the spot
© Operational Excellence Consulting. All rights reserved. 26
Operational Excellence Consulting is a management training and consulting
firm that assists organizations in improving business performance and
effectiveness. Based in Singapore, the firm’s mission is to create business
value for organizations through innovative design and operational excellence
management training and consulting solutions. For more information, please
visit www.oeconsulting.com.sg

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ISO 37301:2021 (Compliance Management Systems) Awareness Training

  • 1. © Operational Excellence Consulting. All rights reserved. © Operational Excellence Consulting. All rights reserved. ISO 37301:2021 Compliance Management Systems
  • 2. © Operational Excellence Consulting. All rights reserved. 2 © Operational Excellence Consulting. All rights reserved. 2 Learning Objectives Provide background knowledge of ISO 37301 Gain an overview of the ISO 37301 structure Understand the ISO 37301 certification process Describe the audit approach and learn useful tips on handling an audit session NOTE: This is a PARTIAL PREVIEW. To download the complete presentation, please visit: https://www.oeconsulting.com.sg
  • 3. © Operational Excellence Consulting. All rights reserved. 3 Contents 2 3 4 ISO 37301 Structure ISO 37301 Certification Handling an Audit Session 1 Overview of ISO 37301
  • 4. © Operational Excellence Consulting. All rights reserved. 4 Introduction to Compliance Management § A Compliance Management System (CMS) is a set of processes to make sure that an organization operates in accordance with all applicable laws, regulations and codes of conduct § Due to the ever-changing nature of laws and regulations across countries and regions, keeping up to date with the applicable regulations is a never-ending task § An effective CMS enables you to determine the relevant documents, to ensure compliance across the organization and to track and improve compliance
  • 5. © Operational Excellence Consulting. All rights reserved. 5 What is Compliance? Meeting all the needs or expectations that are stated, generally implied or obligatory that an organization has to comply with or chooses to voluntarily comply with.
  • 6. © Operational Excellence Consulting. All rights reserved. 6 Compliance Management Why Compliance Management?
  • 7. © Operational Excellence Consulting. All rights reserved. 7 Real Life Cases of Non-compliances Facebook to pay $650 million in 2021 to settle a class action lawsuit over the use of facial recognition software for its “tagging” feature involving photographs without consent, which was prohibited under Illinois privacy law. HSBC to pay a $1.9 billion fine to regulators for a lack of adequate control processes in compliance and anti-money laundering in 2012. Mattel to pay $2.3 million in civil penalties for violating a federal lead paint ban that resulted in the recall of millions of its Barbie, Dora and other popular-branded toys in 2007. French regulatory body Commission Nationale de L’informatique et des Libertés (CNIL) imposed a GDPR fine of €50 million in 2019 against Google for lack of transparency and valid consent.
  • 8. © Operational Excellence Consulting. All rights reserved. 8 What is ISO 37301? § ISO 37301:2021 specifies requirements and provides guidelines for establishing, developing, implementing, evaluating, maintaining and improving an effective Compliance Management System (CMS) within an organization § Published in April 2021 § Replaced ISO 19600:2014 § A certification model
  • 9. © Operational Excellence Consulting. All rights reserved. 9 What is the Purpose of ISO 37301? § Provides a framework to assist in the implementation of specific compliance-related requirements in any management system § Defines requirements and provides guidance for establishing, developing, implementing, evaluating, maintaining and improving an effective compliance management system in organizations
  • 10. © Operational Excellence Consulting. All rights reserved. 10 Who is ISO 37301 For? § Applies to all types of organizations regardless of the type, size and nature of the activity § Covers any organization from the public, private or non-profit sector
  • 11. © Operational Excellence Consulting. All rights reserved. 11 With the publication of ISO 37301 in April 2021, the ISO 19600 is withdrawn and becomes obsolete. What is the Difference Between ISO 37301 and ISO 19600? ISO 19600 § Published in 2014 § Type B Management System Standards § Only a set of guidelines § Not for certification ISO 37301 § Published in April 2021 § Type A Management System Standards § Specifies requirements and provides guidelines § A certification standard
  • 12. © Operational Excellence Consulting. All rights reserved. 12 What Benefits Can ISO 37301 Provide? § Developing a culture of compliance § Addressing and overcoming compliance issues § Protecting the organization’s reputation § Preventing and detecting unethical conduct § Improving the organization’s sustainability § Building customer trust and loyalty
  • 13. © Operational Excellence Consulting. All rights reserved. 13 Overview of Annex L § Although Annex L is a framework for a generic management system, it requires the addition of discipline-specific requirements to make a fully functional standard Annex L High-level structure Identical core text Common definition
  • 14. © Operational Excellence Consulting. All rights reserved. 14 HLS: The Same Core Elements Environment ISO 14001 Food Safety ISO 22000 Quality Management ISO 9001 Occupational Health & Safety ISO 45001 THE SAME CORE ELEMENTS ISO 37301 can be combined with existing management system standards (e.g. ISO 9001) and generic guidelines (e.g. ISO 31000).
  • 15. © Operational Excellence Consulting. All rights reserved. 15 ISO 37301 is Based on the ISO High-Level Structure (HLS) for Management System Standards (MSS) 1. Scope 2. Normative References 3. Terms & Definitions 4. Context of the Organization 5. Leadership 6. Planning 7. Support 8. Operation 9. Performance Evaluation 10. Improvement
  • 16. © Operational Excellence Consulting. All rights reserved. 16 The Plan-Do-Check-Act (PDCA) Process Model Implement the processes of the CMS Establish objectives, programs and processes necessary to deliver results in accordance with the organization’s CMS policy Monitor and measure activities and processes with regard to the CMS policy and objectives, and report the results Take actions to continually improve the CMS performance to achieve the intended outcomes Plan Do Act Check
  • 17. © Operational Excellence Consulting. All rights reserved. 17 Elements of a Compliance Management System Source: Based on ISO 37301:2021 PRINCIPLES INTEGRITY | GOOD GOVERNANCE | PROPORTIONALITY | TRANSPARENCY | ACCOUNTABILITY | SUSTAINABILITY OBJECTIVES INTEGRITY | CULTURE | CONFORMITY | REPUTATION | VALUE | ETHICS ORGANIZATION & ITS CONTEXT LEGAL | SOCIAL | CULTURAL | DIGITALIZATION | FINANCE | STRUCTURE | ENVIRONMENT | INTERESTED PARTIES COMMITMENT AT ALL LEVELS DETERMINING THE SCOPE COMPLIANCE POLICY ROLES & RESPONSIBILITIES OBLIGATIONS & RISKS SUPPORT COMPETENCE & AWARENESS COMMUNICATION & TRAINING OPERATION CONTROLS & PROCEDURES DOCUMENTATION INTERNAL AUDIT MANAGEMENT REVIEW MONITORING & MEASUREMENT RAISING AWARENESS INVESTIGATION PROCESS MANAGING NONCOMPLIANCE CONTINUAL IMPROVEMENT CHECK DO PLAN ACT LEADERSHIP GOVERNANCE CULTURE LEADERSHIP GOVERNANCE CULTURE
  • 18. © Operational Excellence Consulting. All rights reserved. 18 ISO 37301 Key Clause Structure (4-10) PLAN DO CHECK ACT 4. Context of the organization 5. Leadership 6. Planning 7. Support 8. Operation 9. Performance evaluation 10. Improvement 4.1 Understanding the organization and its context 5.1 Leadership and Commitment 6.1 Actions to address risks and opportunities 7.1 Resources 8.1 Operational planning and control 9.1 Monitoring, measurement, analysis and evaluation 10.1 Continual improvement 4.2 Understanding the needs and expectations of interested parties 5.2 Compliance policy 6.2 Compliance objectives and how to achieve them 7.2 Competence 8.2 Establishing controls and procedures 9.2 Internal audit 10.2 Nonconformity and corrective action 4.3 Determining the scope of the compliance management system 5.3 Roles, responsibilities and authorities 6.3 Planning of changes 7.3 Awareness 8.3 Raising concerns 9.3 Management review 4.4 Compliance management system (CMS) 7.4 Communication 8.4 Investigation processes 4.5 Compliance obligations 7.5 Documented information 4.6 Compliance risk assessment
  • 19. © Operational Excellence Consulting. All rights reserved. 19 Becoming ISO 37301 Certified § The certification body examines the CMS for conformity to the ISO 37301:2021 standard § The CMS audit is a compliance audit § Certification means the organization has a documented CMS that is fully implemented and meets ISO 37301:2021 requirements § After the successful completion of the certification audit, you will receive a certificate which is valid for three years § To maintain your certification, annual surveillance audits are required
  • 20. © Operational Excellence Consulting. All rights reserved. 20 ISO 37301 Certification Process Implementation of Compliance Management System Conduct Internal Audit and Review Result by Top Management Selection of a Certification Body Stage 1 Audit Stage 2 Audit Confirmation of Registration Continual Improvement and Surveillance Audits
  • 21. © Operational Excellence Consulting. All rights reserved. 21 Audit Findings Minor Non-conformity Observation Major Non-conformity
  • 22. © Operational Excellence Consulting. All rights reserved. 22 How to Handle the Audit Session? § Do not panic § Ask and clarify § Admit obvious non-conformities § Offer evidence and explain patiently § Take note of improvement areas highlighted by the auditor § Show internal audit report, when necessary
  • 23. © Operational Excellence Consulting. All rights reserved. 23 Auditee’s Conduct § Polite § Professional § Positive / Receptive § Sincere § Commitment § Formal but not overly serious
  • 24. © Operational Excellence Consulting. All rights reserved. 24 Interacting with Auditors § Be honest and open § Recognize they may be experts § Realize they may not be subject matter experts § Understand the purpose of the meeting and review related records prior to interviews § Turn mobile phones to silent mode
  • 25. © Operational Excellence Consulting. All rights reserved. 25 Interacting with Auditors § Assume auditors are familiar with your organization’s CMS § Challenge auditors § Show more competence in ISO 37301 § Argue internally § Express unfairness § Ask for solution § Fix non-conformities on the spot
  • 26. © Operational Excellence Consulting. All rights reserved. 26 Operational Excellence Consulting is a management training and consulting firm that assists organizations in improving business performance and effectiveness. Based in Singapore, the firm’s mission is to create business value for organizations through innovative design and operational excellence management training and consulting solutions. For more information, please visit www.oeconsulting.com.sg