DOJ’s 2024 Edits to the ECCP: Data Analytics to Find Risks and Measure Effectiveness

Principal Deputy Assistant Attorney General Nicole Argentieri gave top billing to artificial intelligence when she announced recent changes to the Evaluation of Corporate Compliance Programs (2024 Edits). Getting into the weeds, however, a larger proportion of the 2024 Edits relate to how companies use more straightforward data collection and analytics to monitor, optimize and improve their compliance programs. In this second article of our series analyzing the 2024 Edits, we examine the new questions added that implicate how data is used in a compliance program to identify and mitigate risks, as well as how data analytics can be used to see how well the compliance program is working, providing value and improving company culture. The first article focused on the changes related to artificial intelligence; the third and final article will take a look at new language related to whistleblowers, compliance resources and incorporating lessons learned. See “Thoughts From DOJ Experts on Using Data Analytics to Strengthen Compliance Programs” (May 22, 2024).

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