Third-party risk management (TPRM) is the process of identifying, assessing, and mitigating the risks associated with outsourcing business activities or functions to external entities. TPRM is influenced by various regulations that aim to protect the interests of customers, stakeholders, and regulators from the potential harm caused by third-party failures or misconduct. These regulations may vary depending on the industry, jurisdiction, and nature of the third-party relationship. Therefore, it is important for organizations to update their inventory of regulations that impact their TPRM program during their annual risk assessment, and prioritize the regulations that are most relevant and critical for their business objectives and risk appetite.
The optimal approach to prioritizing the regulations is to identify the applicable regulations that require an extension of specific obligations to service providers. This means that the organization should focus on the regulations that impose certain requirements or expectations on the organization and its third-party partners, such as data protection, security, compliance, reporting, auditing, or performance standards. These regulations may also specify the roles and responsibilities of the organization and the service provider, the scope and frequency of due diligence and monitoring activities, the contractual clauses and terms, and the remediation and termination procedures. By identifying these regulations, the organization can ensure that its TPRM program is aligned with the regulatory expectations and obligations, and that it can effectively manage and mitigate the risks associated with its third-party relationships.
Some examples of regulations that require an extension of specific obligations to service providers are:
The General Data Protection Regulation (GDPR): This is a European Union regulation that governs the collection, processing, and transfer of personal data of individuals in the EU. The GDPR requires organizations to implement appropriate technical and organizational measures to protect the personal data, and to only engage with service providers that can provide sufficient guarantees of data protection. The GDPR also requires organizations to enter into written contracts with their service providers that specify the subject matter, duration, nature, and purpose of the data processing, as well as the rights and obligations of both parties. The GDPR also imposes strict notification and reporting requirements in case of data breaches or violations.
The Health Insurance Portability and Accountability Act (HIPAA): This is a US federal law that regulates the privacy and security of health information of individuals. The HIPAA requires covered entities, such as health care providers, health plans, and health care clearinghouses, to safeguard the health information of their patients, and to only disclose or share it with authorized parties. The HIPAA also requires covered entities to enter into business associate agreements with their service providers that handle or access the health information on their behalf. These agreements must specify the permitted and required uses and disclosures of the health information, the safeguards and measures to protect the health information, and the reporting and notification obligations in case of breaches or incidents.
The Sarbanes-Oxley Act (SOX): This is a US federal law that aims to improve the accuracy and reliability of corporate financial reporting and disclosure. The SOX requires public companies to establish and maintain internal controls over their financial reporting processes, and to assess and report on the effectiveness of these controls. The SOX also requires public companies to ensure that their external auditors are independent and qualified, and to disclose any material weaknesses or deficiencies in their internal controls. The SOX also applies to the service providers that perform or support the financial reporting functions of the public companies, such as accounting firms, information technology vendors, or consultants. The SOX requires public companies to evaluate and monitor the internal controls of their service providers, and to include them in their scope of audit and reporting.
References:
Third-Party Risk Management and Mitigation | Gartner
Best Practices to Jumpstart Third-Party Risk Management Program
Third-party risk management best practices and why they matter
GDPR and Third-Party Risk Management
HIPAA Compliance for Business Associates and Third-Party Service Providers
SOX Compliance Requirements for Third-Party Service Providers
