Transcript Document
GE’s Binding Corporate Rules: Achievements, Challenges and Solutions Nuala O’Connor Kelly Chief Privacy Leader General Electric Company Nuala.o’[email protected] Six Businesses, Each with a Number of Business Units Aligned for Growth Infrastructure Commercial Finance Industrial Healthcare NBC Universal GE Money 2/ Ulrika Dellrud 2006-10-24 Meeting Global Challenges Population / Resource Technology Knowledge Global Conflict & Institutional Demography Management Innovation Flows Integration Security Governance Personalized Renewables H Turbine Healthcare Nuclear Engine Philanthropy Water/Desal Evolution Locomotive Clean Coal Global Research Centers Services in WTO/FTAs NBCU Healthcare Energy Financial Services Container Transparenc y in Security Governance Explosive (Corp/Govt) Detection Compliance Rigor Corporate Citizenship Mobilizing capital and resources. . . Bringing solutions through our customers. . . Leading with governments to find solutions. . . 3/ Ulrika Dellrud 2006-10-24 A global company with operations in over 100 countries and 300,000+ employees 95,000+ employees in EMEA 4/ Ulrika Dellrud 2006-10-24 The GE difference . . . Leadership commitment to integrity A culture of compliance supported by world-class systems: • Policies • Education & Training •Communications • Auditing & Control 5/ Ulrika Dellrud 2006-10-24 GE Policies are the Foundation of GE’s Integrity 14 policies, including on privacy, outline GE’s core legal and ethical responsibilities GE’s global workforce commits to comply: • New employees receive a copy of The Spirit and Letter handbook and acknowledge that they are required to comply with its policies • Employees re-acknowledge commitment to S&L every 18 months • Failure to comply can lead to termination of employment GE and controlled affiliates are also bound: “Subsidiaries and other controlled affiliates throughout the world must adopt and follow corresponding policies. A controlled affiliate is a subsidiary or other entity in which GE owns, directly or indirectly, more than 50% of the voting rights, or in which the power to control the entity is possessed by or on behalf of GE.” 6/ Ulrika Dellrud 2006-10-24 BCRs Incorporated into GE Policy in 2003 Fair Employment Practices Policy (GE Spirit & Letter) Requires respect for “the privacy rights of employees by using, maintaining and transferring their personal data in accordance with applicable Company guidelines and procedures.” GE Employment Data Protection Standards (Binding Corporate Rules) Protects “Employment Data,” defined as “any information about an identified or identifiable person that is obtained in the context of the person’s working relationship with a GE entity.” 7/ Ulrika Dellrud 2006-10-24 Today, GE’s BCRs Continue to Provide Strong, Global Data Protection Key Principles: • Adduces adequate safeguards globally - a high, EUlike standard globally - plus stricter local laws prevail • Key protections – Transparency and fairness – Purpose limitation – Data quality – Security – Rights of access, rectification, objection – Protections for onward transfer • Enforcement – Internal controls and audits – Reporting channels for suspected violations – Cooperation with Data Protection Authorities (DPA) – Data subject right to seek remedy in home country – Communication and training 8/ Ulrika Dellrud 2006-10-24 Binding Corporate Rules: An Effective Compliance Approach for BCRs GE + Consistent with GE’s compliance structure and practices + + + + + + Binding on GE entities and employees Harmonized global guidelines ensure a consistent, strong protection Policies are alive and visible to our employees Language is user-friendly and has been translated into many local languages for data handlers and employees around the world Company assumes responsibility for providing adequate safeguards for data Strong support for a privacy compliant culture from GE senior management Contracts: – Complex administration with thousands of entities – Complex language; not visible to data handlers or employees Safe Harbor: – Covers only EU to U.S. transfers – Does not cover GE’s financial services businesses 9/ Ulrika Dellrud 2006-10-24 BCR Approval Process 10 / Ulrika Dellrud 2006-10-24 BCR Approval Process: Prior to Coordinated Process GE sought recognition of its Standards as a BCR in each country; adopted by German DPAs in July 2003 Lessons Learned: Challenges for companies: Gaining individual approval by 28 EU/EEA countries was timeconsuming Minor modifications suggested by individual DPAs triggered significant work: re-training of data handlers; revision of operating procedures; renegotiation with prior-approving DPAs Challenges for DPAs: Hard for DPAs to review BCRs and supporting documentation from many different companies 11 / Ulrika Dellrud 2006-10-24 BCR Approval Process: Coordinated Process GE worked with UKIC as “lead authority” for coordinated approval of BCR (mid-2004 through present). As one of the first companies to undertake the BCR approval process, GE worked side-by-side with DPAs in a number of countries to facilitate approval. Lessons Learned: Significant effort required by Lead Authority (and UKIC was excellent!) Working collaboratively and transparently with DPA staff and commissioners was effective; in-person meetings essential – but the process took substantial time for GE, the UKIC and all DPAs GE resources (HR, Legal, Privacy, Compliance, Audit teams) heavily involved in demonstrating strong controls Process can work! GE has approvals in 13 countries; pending in 13 more 12 / Ulrika Dellrud 2006-10-24 Managing Practical Implementation Regionally & Globally 13 / Ulrika Dellrud 2006-10-24 GE Privacy Structure Policy Compliance Review Board (PCRB) GE General Counsel Chief Privacy Leader • Policy development • Practice facilitator Corporate • Employment Data Privacy Committee • Global Privacy Council • Corp Audit & Compliance Team Poles • US Privacy Leaders • European Privacy Leaders • Asian Privacy Leaders Businesses • Chief Privacy Leaders • Data Protection Review Boards • Senior HR/IT Leaders 14 / Ulrika Dellrud 2006-10-24 A strong structure ensures daily compliance GE’s Policy Governance Structure Board of Directors Audit Committee • Regular updates Policy Compliance Review Board (PCRB) • Senior GE officers • Policy oversight • Business reviews Legal Organization • lawyers in Europe & globally • Dedicated compliance leader in each business Independent Auditors • Report to BOD Audit Committee • auditors in Europe & globally Global Ombudsperson Network • Intake and resolve concerns • Monitor trends/cases 15 / Ulrika Dellrud 2006-10-24 GE’s policies are visible and user friendly Report Concerns & Access Resources Hotlinks 26 Languages 13 Policies in simple, reader-friendly language 16 / Ulrika Dellrud 2006-10-24 Data handlers are trained on their obligations Training and Communication: For Data Handlersauthorized individuals who process employment data • Human Resources • Information Technology • Managers • Legal • Sourcing Messages via: • On-line courses • Live training • Web articles 17 / Ulrika Dellrud 2006-10-24 Substantial guidance is provided to data handlers • Business self-audit checklists • Data protection FAQs • Country toolkits • Country experts • Links to external sites • Privacy reviews before new systems are implemented 18 / Ulrika Dellrud 2006-10-24 BCRs Benefit Companies and DPAs! Benefits for companies: Unified, global standard In-house policy driven by/tailored to a company’s unique culture or business/compliance processes More ability to communicate rules, values to employees (better than contracts or safe harbor) Benefits for DPAs: Simplified approval process for BCR Fewer unique data processing approvals, if activity covered by BCR Better awareness of data protection rights on part of individual Increased and clarified role for DPAs in enforcing/approving BCRs of global companies 19 / Ulrika Dellrud 2006-10-24