The problem

Regulatory-change risk rarely arises only because an organisation failed to hear about a new rule. More often, the change was known but never converted into assigned responsibilities, decisions, documents and operating controls. A legal team may understand the amendment while contracts, policies and systems remain unchanged.

A management framework

  1. Monitor. Identify the official sources and regulators relevant to the business, and record publication, commencement and status.
  2. Classify. Distinguish enacted law, regulation, decision, circular, guidance and consultation draft: they do not have the same legal effect.
  3. Assess impact. Identify affected entities, processes, contracts, policies, data and people.
  4. Assign ownership. Give each action an owner, deadline, approver and verifiable outcome.
  5. Implement. Change documents, systems, training and controls, not merely the legal memorandum describing the rule.
  6. Evidence and review. Retain decisions and compliance evidence, then test the effectiveness of implementation after an appropriate period.

Questions to ask

  • When does the instrument take effect, and are there transitional provisions?
  • Who and what within the organisation is actually affected?
  • Does the change require board or committee approval, or an update to a contract, policy or system?
  • What evidence would demonstrate compliance to the competent authority?
  • When should the instrument or regulator’s practice be checked again?

Official sources

See the sources listed with this article.