Checklist of Actions to Take and Issues to Consider When Navigating Data Privacy and Anti-Corruption Issues

Investigating a potential FCPA violation almost invariably entails cross-border discovery because U.S. companies need data housed overseas.  While trying to please U.S. regulators in obtaining information relevant to suspected bribes both in the context of internal investigations and due diligence of another company, however, companies often find themselves at the risk of violating the strong data privacy laws enacted in many countries across the globe.  To minimize conflicts, companies must educate themselves about data privacy, plan ahead and act strategically.  This checklist can serve as a guide to help companies comply with data privacy laws when conducting cross-border anti-corruption or other investigations, and when engaging in common compliance activities.  The checklist highlights data privacy issues that companies should consider and actions they should take prior to the development of an FCPA issue, during an investigation and during due diligence.  For more on the interaction between data privacy and anti-corruption laws, see The FCPA Report’s Data Privacy Series: "Conflicting Compliance Obligations: How to Navigate Data Privacy Laws While Performing Internal Investigations and Promoting FCPA Compliance in the E.U. (Part One of Three),” The FCPA Report, Vol. 2, No. 1 (Jan. 9, 2013); Part Two Of Three, Vol. 2, No. 2 (Jan. 23, 2013); Part Three of Three, Vol. 2, No. 3 (Feb. 6, 2013).

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