Fairwords Weekly: Personal Devices and Preserving Ephemeral Communications, Behavioral Risk Management, and Netflix-Style Compliance Training
June 1, 2023
“We asked, ‘How can we spark excitement and enthusiasm and engagement from our employees [about compliance]? It would be a great win, we thought, if we could not only deliver the content but actually get folks even a little excited about why it matters.”
– Jennifer Newstead, Chief Legal Officer, Meta Platforms
This week, listen to a legal and technology expert panel discussion exploring the regulatory response to developments on personal devices and messaging. Consider how the U.S. Securities and Exchange Commission (SEC) and Department of Justice (DOJ) are addressing the issue of impermanent electronic communications and recordkeeping—and get a step-by-step guide to Practical Behavioral Risk Management. Finally, learn about Meta’s unique approach to compliance by creating a Netflix-style training video series designed to spark excitement and enthusiasm among employees while delivering important compliance content.
Behavioral Risk Management (BRM) is a new paradigm that recognizes the crucial role of human behavior in organizational outcomes. This approach utilizes behavioral science insights to enhance risk identification, mitigation, and organizational resilience. A step-by-step practical guide for ethics and compliance (E&C) professionals has been developed to implement BRM successfully. The guide emphasizes the need to assess behaviors and their underlying drivers, zoom in on subcultures within the organization, create a behavioral risk map, start with small behavioral interventions, select the proper intervention based on drivers, and apply behavioral insights to compliance programs. In addition, the guide aims to help E&C practitioners leverage the power of behavioral science in their efforts by providing insights, tools, and strategies.
Meta Platforms took a unique approach to compliance training by creating an entertaining and engaging Netflix-style series featuring recurring characters and intriguing plot twists. The videos received an unexpectedly positive response from employees, with viral memes and impromptu watch parties replacing the usual groans and ignored emails. The company’s legal department aimed to spark excitement and enthusiasm among employees while delivering important compliance content. The initiative was motivated, in part, by a 2019 settlement with the Federal Trade Commission over data privacy concerns. The videos form part of Meta’s broader vision for legal and compliance, focusing on cultural change and innovation while ensuring adherence to regulations. The success of the training series is measured by its content-rich nature, engaging storyline, and resonance with real-life scenarios faced by employees.