Balancing Innovation and Compliance in Banking

Walking the Tightrope:
Balancing Innovation and Compliance in Banking

We all need banks – irrespective of whether we have less money, some or a lot of money. Without banks, a lot of money-related activities would not be possible. Because of this reason, banking is a heavily regulated business industry, with stringent requirements and a list of protocols that need to be followed to maintain the liquidity of funds, financial reporting, cybersecurity, continuity and perpetuity of business operations and so much more. 
As you can understand, the banking system has to manage a plethora of services and operations to provide to the end consumers – bank customers. This requires the management of compliance which can be quite challenging, as failing to comply could potentially lead to monetary penalties, operating restrictions, bad reputation, and even lawsuits! 
To serve customers better and stay afloat in this sector industry,  banks are required to conduct regular compliance risk assessments to identify, review, evaluate, and subsequently mitigate the creeping risks.
Compliance

Compliance Management in Banking Systems

Compliance management comes from compliance risk – which essentially refers to the risk of legal or regulatory action, financial loss, and the risk of a tarnished reputation that could arise if a bank fails to comply with laws, regulations, and standards set by the industry. A few examples include risks related to anti-money laundering (AML), know-your-customer requirements (KYC), customer protection, etc.
How do banks manage such compliance risks? It takes stringent action and implementation of policies and procedures to ensure that they comply with these. Banks also manage compliance risk by ensuring regular monitoring and testing to check and address any additional compliance issues. 
You see, a bank is considered ‘good’ if it has a well-developed compliance management system – complete with an effective risk control system. The bank must establish and communicate the compliance framework to employees, the BOD, and the senior management. By following protocol via the grapevine, a bank can successfully improve the effectiveness of compliance management programs.

Common Compliance Risks for Banks:

  • Data Privacy and Cybersecurity: Data security and privacy practices assure that your bank will protect the customers’ personal information whilst performing any transactions. Cybersecurity is meant to protect banks on a much broader level by managing electronic processes from being disrupted by unauthorized party access.  The absence of robust cybersecurity laws and processes, and internal controls exposes the bank to various risks, thus making them vulnerable to fraud and ultimately lawsuits. This is why the banking system must follow compliance management to avoid risks to data privacy and cybersecurity. 
  • Anti-Money Laundering(AML) risks and violations: AML deals with regulations, processes, and technological solutions that help mitigate money laundering activities, by keeping illegal funds from contaminating the legitimate financial flow. Banks that don’t comply and are found guilty of such violations will have to bear the brunt by facing strict legal consequences. Therefore, compliance with AML regulations is a top priority for all banks. 
  • Customer Due Diligence (CDD) risks and failures: A working bank must authenticate its customer’s identities, and have note of their business activities and financial transactions – the failure of which would lead to exposure of various risks. This is known as Customer Due Diligence failure. Wrong information about customers and their verification, poor records, and lack of customer transaction monitoring are some examples and causes of CDD non-compliance. 

Managing Compliance Risk with Operations Management

Operations Manageent
Operations management in the banking system refers to a preventive discipline framework that proactively monitors, manages, and controls the risks faced by banks. ORM (Operational Risk Management) involves processes like evaluation of the bank’s risk profile and level, mitigation strategies for such risks, and risk-adjusted capital requisites.
It also includes tools that might improve the monitoring processes, and help the bank identify the most significant risks – before things get too late. 
Thus, operations management consists of an intricate framework of risk management processes, procedures, etc. that are meant to focus on the compliance, financial, and reputational risks related to the bank’s operations. 
The framework involves major elements like risk assessment, risk management policies, monitoring of risks, communicating the risk, governing and administering these risks, and finally risk elimination. 
This of course goes without saying that no two banks follow this exact hierarchy – as they each have their assessment framework but the gist remains more or less the same for all.

Steps to follow in an Operational Risk Management Process:

  • The first step is to understand that compliance, financial, and other types of risks do exist – and the identification of such risks. This is typically done via a risk assessment procedure that analyzes the potential risks to figure out which ones pose the greatest risk to the bank, and which ones can be mitigated, etc. A risk category is determined in such assessment for instance, operational and financial category risks are the most significant. Upon identification, the banking system and its management team have to decipher how to respond to such risks via a risk management plan. 
  • The second step is to determine the preventive measures to reduce identified risks – this is usually done via risk mitigation and management controls which are present in a risk management plan. Examples of such controls include screening applicants for fraud, securing assets from theft, and implementing policies for preventing fraud. 
  • The third step is to implement the measures that are necessary to reduce the identified risks – this is, of course, performed with the use of control processes which are meant to reduce the adverse impact of a compliance, financial, and reputational risk. 
  • The fourth step is to measure the efficacy of the risk mitigation efforts and processes which had been implemented. This is done using control measurements that are meant to determine the effectiveness of a control process. Specifically, control measurements can be divided into process and outcome measurements; the former is used to understand the efficacy of internal controls (detecting fraud within the organization), and the latter is used to determine the efficacy of external controls (detecting and preventing fraud outside the organization). 
  • The final step is to communicate the results of the management controls to higher authority i.e., senior management. This enables them to quickly identify the highest-positive impact of the control measurements, and prioritize the development of new controls.

How do Banks balance compliance and innovation simultaneously?

With recent changes, innovations, and advances in the banking industry, it is important to maintain harmony with both compliance and operations management on one side and also gear up to prepare and accept new changes, advancements, and innovations on the other side. 
In the digital and tech age, customers expect their banks to keep up with the new trends to get a more personalized experience. Younger generations want better, faster services whilst knowing that their personal information remains personal. Banks use insights from customer behavior and preferences which help create customized products, and services designed to meet the customers’ wants and needs. 
Banks have to stay afloat by managing innovation whilst also improving risk management, fraud detection, and regulatory compliance simultaneously. 
It is a no-brainer that banks have to ultimately shift from a traditional mindset and embrace new approaches to create a data-driven culture, which requires capital investment in new technologies, better infrastructure, and of course, a hunger for committing to experimentation. 
To keep up with innovation, banks must foster a new-found culture wherein employees are encouraged to experiment with cutting-edge ideas and approaches and of course, learn from their failures. 
In the delicate balance between compliance and innovation, banks have to maintain harmony. They have to adopt a risk-based approach, and they need to focus on the most significant risks that are affecting the industry, and subsequently prioritize the compliance efforts accordingly. 
In simple words, banks have to invest in newer technologies and data infrastructure to help comply with regulations more efficiently.

Conclusion

The banking industry is walking on a tightrope – advances in technology, constant innovation, and cut-throat competition have created new opportunities but at the same time, banks must maintain compliance risk management at all times which poses a challenge for banks to strike an equitable balance between both sides. 
The industry needs to be efficient, reliable, and modern all at the same time – if it wants to remain competitive with a good reputation in the market. Thus, banks have to strive to create a favorable and desirable environment by being efficient, reliable, and customer-centric; this can be attained by adopting a risk-based compliance approach, investing in technologies, and constantly staying updated.

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