The laws and regulations that shape corporate compliance programs are subject to regular changes, which is why savvy professionals working in this area must be up-to-date on corporate compliance trends. Excellent corporate compliance programs are essential to protect against risk—both reputational risk and the interests of employees, shareholders, and the business.
Learn more about the current state of corporate compliance law and how it affects the day-to-day work of the business professionals responsible for writing, evaluating, and maintaining corporate compliance programs.
Emerging Trends Reshaping Corporate Compliance
Trump Administration Actions
The new administration has signaled its intention to pause, and review, a number of areas in corporate compliance. Only three weeks after Inauguration Day, an Executive Order was issued pausing enforcement actions under the Foreign Corrupt Practices Act (FCPA).1 Over the next 6–12 months, the Department of Justice (DOJ) will review and revisit the extensive guidance it has offered to individuals and organizations over the past nearly 50 years on their legal obligations and best practices in combating the bribery of foreign officials.
However, this review should not lead organizations to conclude that it is “open season” to bribe. The DOJ is maintaining a number of ongoing prosecutions, and an ecosystem of national and multilateral agreements have grown up over the past decades that largely mirror the FCPA anti-corruption rules.
Similarly, in early March 2025, the Treasury Department announced the suspension of application of the Corporate Transparency Act (CTA), which went into effect on January 1, 2025 after a long phase-in period.2 The CTA required companies to disclose their ownership structure, including making updated filings when ownership changed.
Artificial Intelligence and Emerging Technologies
One area of interest continues to be the implications of artificial intelligence (AI) and emerging technologies in compliance programs. The DOJ’s latest Evaluation of Corporate Compliance Programs document, updated in September 2024, though now under review by the new Administration, emphasizes the need for transparency and accountability in AI decision-making processes. Recent updates suggest organizations should establish robust frameworks to ensure AI and other technologies comply with legal and ethical standards, minimizing risks associated with bias and data misuse.3
Whistleblower Protections
Laws surrounding whistleblower protections, such as the Dodd-Frank Act, are crucial in fostering environments where employees feel safe to report unethical practices. To improve the discovery and prosecution of corporate crime, the DOJ’s Criminal Division has created a Corporate Whistleblower Awards Pilot Program.4 This move makes it clear that companies need to consider enacting robust protections for whistleblowers into compliance programs.
To cultivate a speak-up culture, companies should establish anonymous reporting channels, provide regular training on company policies, and ensure non-retaliation policies are strictly enforced. Encouraging open dialogue and protecting whistleblowers are best practices that can prevent corporate scandals and promote ethical conduct across the organization.
Due Diligence for Third-Party Vendors
Business operations are often bolstered by complex technologies and strategies that call for engagement with third-party vendors or contractors. The US places responsibility on the company engaging the vendor to know whether or not the third-party is on any restricted lists, which governments use to enforce regulatory interests. The DOJ advises continuous due diligence in this area.5
Third-party vendors/contractors can be found in all areas of the business, and the scrutiny of government regulatory agencies extends to all these areas, as well. Implementing comprehensive due diligence processes for third-party vendors is crucial. Organizations can start by conducting thorough background checks and regularly monitoring vendors’ compliance with applicable laws and standards. One notable example of third-party compliance failure is the 2019 scandal involving a major telecommunications company that faced hefty fines due to a vendor’s non-compliance with data protection laws. This underscores the importance of meticulous due diligence in safeguarding corporate integrity.
Diversity, Equity, and Inclusion; and Environmental, Social, and Governance
Diversity, equity, and inclusion (DEI) compliance and environmental, social, and governance (ESG) reporting, generally grouped into the area of Corporate Social Responsibility (CSR), grew in importance over the past decade. On Inauguration Day, January 20, 2025, the Trump Administration announced the end of what it called “illegal” DEI programs.6 Many programs companies have put in place are being re-examined, revised, and/or rebranded. The end state for DEI, ESG, and CSR is not clear, and there will no doubt be both administrative rulemaking and court cases that help define it over the coming several years.
How Compliance Trends Are Changing Business Operations
These emerging compliance trends are significantly impacting business operations. With the integration of AI, companies are reevaluating their compliance frameworks to incorporate ethical AI usage and ensure transparency and fairness in decision-making processes. Data digitization necessitates that businesses enhance their cybersecurity protocols, prioritizing data privacy and compliance with international regulations.
Whistleblower protections are transforming company cultures by encouraging transparency and accountability, ultimately leading to more ethical business practices. Additionally, efforts in DEI compliance are prompting organizations to reassess their hiring and workplace policies, fostering a more inclusive culture that values diverse perspectives.
These compliance trends are not just influencing policy but are also shaping the very culture of businesses, ensuring that they are equipped to adapt to a rapidly evolving regulatory landscape. How can corporate compliance professionals stay ahead to keep their organizations on the straight and narrow?
Compliance professionals need to be doubly vigilant in the current uncertain circumstances. U.S. executive actions and pronouncements may conflict with an organization’s obligations under the laws of other countries in which it does business. These conflicts have always existed; for example, the European Union directives on processing personal data go far beyond what the US protects, but while safe harbors and agreements to be able to walk the line between them have evolved, it’s not clear whether the current widening gaps can be bridged.
Reaching out to experts as necessary can go a long way in clarifying any ambiguous regulations. Or, even better, getting the legal education to work through these complex laws and regulations will help to position professionals as subject matter experts in their own organizations.
Looking internally, corporate compliance professionals can leverage the resources they already have at their disposal to run more effective compliance programs. Compliance affects everyone in the organization, so professionals responsible for a compliance program should not be shy about asking for assistance from colleagues. Build relationships with people working in key areas of the business. For example, IT professionals do a lot of heavy lifting when it comes to compliance, especially with the increased usage of AI tools in the workplace.
Fostering healthy working relationships has always been a key to success in business. Through regular conversations with individuals and groups, corporate compliance professionals can glean important information that can go a long way in identifying risk, allowing for early problem mitigation.
Technology and the Future of Compliance
Technology is at the forefront of transforming compliance processes and monitoring systems. Emerging tools and platforms are revolutionizing how companies manage compliance. For instance, machine learning algorithms are being utilized to analyze data patterns and identify potential compliance risks more efficiently. Blockchain technology is enhancing transparency and traceability in record-keeping, offering a reliable solution for audit trails.
Advanced compliance management systems are automating routine tasks, allowing compliance officers to focus on strategic decision-making. These platforms offer real-time data analytics, enabling companies to swiftly adapt to regulatory changes and pre-emptively address compliance issues.7
As technology continues to evolve, it is providing new opportunities for businesses to optimize their compliance programs, ensuring they are both robust and adaptable to the future landscape of corporate governance.
Position Yourself as a Corporate Compliance Leader With Pitt Law
The law influences almost every professional decision for employees working in corporate environments, which is why the University of Pittsburgh School of Law decided to design a Master of Studies in Law (MSL) program with a special focus on corporate compliance law. The Online MSL with a Corporate Compliance specialization and the stand-alone Online Corporate Compliance Certificate offer those without a JD degree the opportunity to learn the legal skills needed to get ahead in the world of corporate compliance. Set yourself apart as a leader in business. Small class sizes and individualized attention will set you up for success during your program and beyond.
As you prepare to apply for Pitt Law’s Online Master of Studies in Law (MSL) program or one of our graduate certificate programs (also offered online), know that our admissions outreach advisors are always on standby to answer your questions, clarify admissions requirements, and discuss what this degree can do for you. Schedule a call today.
- Retrieved on February 7, 2025, from www.whitehouse.gov/presidential-actions/2025/02/pausing-foreign-corrupt-practices-act-enforcement-to-further-american-economic-and-national-security/
- Retrieved on February 7, 2025, from home.treasury.gov/news/press-releases/sb0038
- Retrieved on February 7, 2025, from justice.gov/criminal/criminal-fraud/page/file/937501/dl
- Retrieved on February 7, 2025, from justice.gov/criminal/criminal-division-corporate-whistleblower-awards-pilot-program
- Retrieved February 7, 2025, from lrn.com/blog/the-dojs-2024-guidance-strengthening-corporate-compliance-with-ongoing-third-party-due-diligence
- Retrieved on February 7, 2025, from www.whitehouse.gov/presidential-actions/2025/01/ending-radical-and-wasteful-government-dei-programs-and-preferencing/
- Retrieved on February 7, 2025, from sprinto.com/blog/compliance-monitoring-tool/