Third-Party Risk Management in a Regulatory Environment

The interconnected world with interdependencies has created the perfect recipe for corporate success with networking and adaptability. In this context, almost all the conglomerates have moved away from the concept of being self-reliant into being mutually reliant on interconnectedness. It means a company relies on external entities or organizations to fulfill certain functions or provide specific goods or services critical to its operations. The external entities could include suppliers, vendors, contractors, technology providers, or regulatory bodies. These interdependencies can create opportunities such as enhancing the efficiency and capabilities of the organization. It is no secret integrating external parties also risks creating vulnerabilities if not managed effectively. Third-party risk management, an integral part of organizational resilience, is the tool available to navigate the above scenario.

It is essential to understand the concept of third-party risk management and carefully manage their relationships with third parties to ensure smooth operations and mitigate potential disruptions. Third-party risk management assesses and mitigates the risks of engaging suppliers, external vendors, contractors, technology providers, or regulatory bodies. It involves evaluating the potential impact of these third parties on an organization’s operations, information security, compliance, and reputation. Key steps in third-party risk management include identification and documenting all third parties, risk assessment and due diligence, contractual agreements, ongoing monitoring and establishing risk mitigation strategies, incident response, exit strategies, documentation and reporting, and review and improvement. It’s crucial for businesses to effectively manage third-party risks to protect themselves from potential vulnerabilities and disruptions in their supply chains or business processes. Third-party risk management steps are as follows:

• Identification: Identify third parties related to firm-specific operations and document their services, products, and support.

• Risk assessment and due diligence: Conduct a thorough risk assessment of potential third-party vendors before engaging them. This assessment should include evaluating their security controls, data protection practices, financial stability, regulatory compliance, and overall reputation. Due diligence should be an ongoing process throughout the vendor relationship.

• Vendor selection and contractual agreements: Carefully select vendors based on their ability to meet your organization’s security and compliance requirements. Establish contractual agreements outlining the vendor’s responsibilities, security obligations, data handling procedures, incident response protocols, and liability in case of breaches or non-compliance.

• Security and compliance requirements: Define and communicate your organization’s security and compliance requirements to third-party vendors. These requirements should align with industry standards, regulations, and best practices. Consider conducting periodic audits or assessments to ensure vendors are meeting these requirements.

• Data protection and privacy: Clearly define how sensitive information should be handled, stored, transmitted, and disposed of by third-party vendors. Implement data protection measures such as encryption, access controls, and monitoring to safeguard sensitive data. Ensure compliance with privacy regulations.

• Ongoing monitoring and auditing: Monitor third-party vendors’ activities and performance to identify potential risks or compliance gaps. Establish periodic audits to assess their adherence to contractual obligations and regulatory requirements. Develop incident response and escalation procedures to address security breaches or compliance issues promptly.

• Business continuity and incident response: Evaluate the third-party vendor’s business continuity and disaster recovery plans to ensure they can effectively respond to and recover from security incidents or disruptions. Collaborate on incident response planning, including communication channels, notification procedures, and coordinated actions to minimize the impact of incidents.

• Training and awareness: Provide training and awareness programs for employees, including those involved in vendor management, to educate them about third-party risk management, security best practices, and the importance of protecting sensitive information. Foster a culture of security and accountability throughout the organization.

• Continuous improvement: Regularly review and update your third-party risk management program to adapt to evolving risks, emerging technologies, and regulatory changes. Stay informed about industry trends, emerging threats, and best practices in third-party risk management.

Third-party risk management is a crucial process for organizations operating in information-sensitive environments and varies by industry, location, and magnitude of business transactions. In some cases, third-party vendors, suppliers, service providers, or any external entities may access an organization’s sensitive information based on the nature of contractual agreements. These risks may lead to data breaches, regulatory non-compliance, reputational damage, or operational disruptions. There are some common principles and examples many organizations need to consider. Below are some of the key regulatory considerations:

• Know your vendor requirement: Regulations often require companies to understand their third-party vendors thoroughly. Knowing your vendor includes collecting detailed information about the vendor’s financial stability, security practices, and business operations. In this context, Europe’s General Data Protection Regulation (GDPR) requires organizations to ensure third-party processors meet data protection and security standards. In the case of healthcare, the Health Insurance Portability and Accountability Act (HIPPA) in the U.S. sets strict standards for healthcare organizations and their business associates, including third-party vendors, to protect patients’ health information.

• Compliance with anti-bribery laws: U.S. regulations like the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act require companies to ensure their their-party relationships do not involve bribery or corruption.

• Supply chain and environmental regulations: Industries with complex supply chains may need to comply with fair labor standards and environmental regulations.

• Financial regulations: Financial institutions often have specific regulations governing third-party relationships to ensure financial stability and security. To ensure financial stability and security, banks may have to comply with regulations like the Dodd-Frank Wall Street Reform and Consumer Protection Act, which includes third-party risk management provisions.

• Continuous monitoring: Many regulations emphasize the importance of ongoing monitoring of third-party relationships to identify and address risks promptly. One such regulation is the Payment Card Industry Data Security Standards (PCI DSS). The PCI DSS is an essential standard requiring organizations to assess and monitor third-party service providers regularly.

• Documentation and reporting: Regulations often require companies to maintain detailed records of third-party relationships to identify and report on compliance efforts. The European Union’s Markets in Financial Instruments Directive (MiFID II) mandates financial firms to keep records of their transactions with third-party brokers.

• Business continuity and disaster recovery: Regulations require organizations to assess the resilience of their third-party vendors and ensure they have business continuity and disaster recovery plans. The Federal Financial Institutions Examination Council (FFIEC) guidelines in the U.S. require financial institutions to include third-party service providers in their business continuity plans.

• Outsourcing guidelines: Some regulatory bodies issue specific guidelines on outsourcing, detailing expectations and requirements for organizations when engaging third-party service providers. The Office of the Comptroller of the Currency (OCC) in the U.S. provides guidelines for third-party risk management for banks and financial institutions.

• International organization for standardization: ISO 27001 is an international standard for information security management. It emphasizes the need for organizations to assess risks associated with third-party relationships, establish controls, and ensure compliance with security requirements.

• The Digital Operational Resilience Act (DORA)-Regulation (EU) 2022/2554: The Digital Operational Resilience Act (Regulation (EU) 2022/2554 solves an important problem in the EU financial regulation. After introduction of DORA, they must also follow the rules for the protection, detection, containment, recovery, and repair capabilities against information and communication technology (ICT) related incidents. DORA explicitly refers to ICT risks and sets rules on ICT risk management, incident reporting, operational resilience testing, and ICT third-party risk monitoring.

• Network and Information Security 2 Directive (NIS 2) (EU) 2022/2555: This directive aims to get the EU up to speed and establish a higher level of cybersecurity and resilience within organizations of the EU. According to Article 20 (governance) of NIS 2, the management bodies of essential and important entities must approve those entities’ cybersecurity risk management measures, oversee their implementation, and be held liable for infringement.

The above examples illustrate the diverse range of regulatory requirements organizations may encounter when managing third-party relationships. This exemplifies the necessity of continual monitoring and staying informed about industry-specific regulations and enactments to ensure compliance and proactively manage risks.

In addition to the above, third-party risk management comes with its own set of challenges. Here are some common challenges and ways to overcome them:

In summary, understanding third-party risk management is a matter of risk mitigation and a strategic necessity in today’s business environment. Maintaining a risk-reward balance in a competitive landscape is a critical aspect of strategic decision-making for organizations. It involves assessing and managing risks while pursuing opportunities to achieve a competitive advantage. Effective third-party risk management practices safeguard the organization’s operations, finances, reputation, and regulatory compliance, helping to ensure its continued success and growth. Organizations can better understand and manage the complexities by breaking down third-party risk management processes into segments. Finally, it can strengthen organizational resilience and maintain the trust of its customers, partners, and stakeholders in an ever-changing business landscape.

ABOUT THE AUTHOR

Suminda Jayasundera

Suminda Jayasundera is a former military officer with the rank of lieutenant colonel. During his illustrious military career, Jayasundera held many important appointments, including a tour of duty in the United Nations. After his military career, he entered the corporate sector where he excelled in crisis management, global security management, and business continuity management. Jayasundera holds a master’s degree in defense management. He is also a graduate of Army Command & General Staff College in Ft. Leavenworth, Kan. He acquired further education from the New Jersey Institute of Technology in emergency management and business continuity, and the Federal Emergency Management Agency. Jayasundera holds certifications in business continuity management and cybersecurity.