offshore outsourcing - dealing with compliance issues ken d. nguyen, pmp, cissp, cism, mcse svp...

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Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. [email protected]

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Page 1: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

Offshore Outsourcing - Dealing with Compliance Issues

Ken D. Nguyen, PMP, CISSP, CISM, MCSESVP & CTO

SourceSentry, [email protected]

Page 2: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Agenda

Compliance Landscape

Current & Pending (Federal & State) Bills

Corporate Governance

Binding Corporate Rules (BCR)

Vendor Governance

Q/A

Page 3: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

The Compliance Landscape

* Meta Group, Inc. 2004

Page 4: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

SOX Implications on Outsourcing

Regulatory clarification lagging: 2H04 is too late for many

What about Sec 409 and PCAOB Audit No 2?

Sarbanes-Oxley (SOX) does not differentiate between insourced and outsourced processes

SAS 70 audits: Good enough?

The Compliance Landscape

Page 5: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

What You Still Need to be thinking about for HIPAA Service Providers Contracts on the whole

Individual rights issues – Are we rally supposed to check with every business associate?

What do they want you to do with the Security Rule?

Monitoring issues – an emerging issue for everyone

The Compliance Landscape

Page 6: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

US Patriot Act

Information Sharing

Anti-Money Laundering Program– Section 352(a)

Suspicious Activity Reporting

Customer Identification Program– Section 326

Concerns about US companies violating privacy law of other countries

The Compliance Landscape

Page 7: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Basel II Basel II includes three mutually reinforcing pillars:

– Pillar 1: Minimum Capital RequirementPillar 2: Supervisory Review Process

– Pillar 3: Market Discipline

Offshoring Outsourcing affects Pillar 1 particular the Operational Risk aspect

Regulatory review practices will spread to bank’s key suppliers, third-party outsourcing service providers, offshore processing services, and providers of key systems and tools

US Federal Reserve expects only the top 11 US banks to comply - although a further 10 or more are expected to opt in.

The Compliance Landscape

Page 8: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

State of New Offshore Legislation

42 separate bills introduced in 22 states addressing state contracting and the use of foreign labor

Another 13 bills in 12 states requiring individuals to identify themselves, their location, and the company they work for

Other bills prohibit financial data from leaving the U.S.

Changes to tax policy “Buy Home State” provisions

The Compliance Landscape

Page 9: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Federal Bills S. 2090 – (WARN Act) – Same as federal plant closure laws

– Notice to be given before operations go offshore, – Make trade adjustment assistance available to workers

S. 1873 – Call centers to ID location of call S. 2094 – No Federal contracts to offshore providers S. 2143, S. 2157 and H.R. 3881 would extend trade adjustment

assistance for displaced workers S. 2148 – Similar to S. 2094 S. 2312 – Consent from customers for transferring personal, medical or

financial data (H. Clinton) S1232 – Safeguarding Americans From Exporting Identification Data Act

(SAFE-ID) S1637 - (Senator Dodd Amendment) Senate has already passed

Amendment to prohibit companies from fulfilling federal contracts using offshore outsourced labor

The Compliance Landscape

Page 10: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

State Bills – For Example California AB 1829 - Prohibits state agency or local government

from contracting out services unless the company certifies that all work will be performed solely by workers in the US

AB 3021 - Requires CA employers to determine the amount of offshore outsourcing they do by reporting the number of workers employed outside CA

AB 2517 - Requires call center employees to give (honest) disclosure of their location

SB 888 - Prevents offshore transmittal of info "important to homeland security” (broad definition)

SB 1492 - Prevents medical records from being shipped overseas, unless prior consent received from individual

The Compliance Landscape

Page 11: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Other Challenges Security of Information Potential Liability under US/EU Privacy/Data

Laws Poor IP Rights Regimes in Developing

Countries

Enforcing Judgments Abroad Jurisdictional Challenges Enforcing Damages and Limitations of

Liability No Uniformity

Overlapping Laws and Conflicts Conflict between US and Local Laws Overlapping regulations and ambiguities

The Compliance Landscape

Page 12: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Impact of Compliance

Impact regulations will have on the likelihood to outsource IT in the interests of compliance or to outsource business process/functions

* Meta Group, Inc. 2004

Page 13: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Crafting a Corporate Governance

Corporate Governance Framework

Organizations must develop global and integrated corporate governance strategies, practices, and processes

COBIT, COSO, BizSentry, others?

COBIT - Control Objectives for

Information and related Technology

COSO - Committee of Sponsoring

Organizations

FRAP - Facilitated Risk Assessment

Process

CRAMM - The CCTA’s (Central

Computer and Telecommunications

Agency) Risk Analysis and Management

Method

OCTAVE - Operationally Critical

Threat, Asset, and Vulnerability

Evaluation

ITIL – IT Infrastructure Library

BizSentry – Offshore Outsourced Activities

Frameworks

What can be done?

Page 14: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Binding Corporate Rules

BCRs– Consistent with company’s compliance structure and

practices– Harmonized global guidelines ensure a consistent, strong

protection– Binding on company’s entities and employees– Policies are alive and visible to our employees– Language is user-friendly for data handlers and employees

Alternative - Contracts

Alternative - Safe Harbor

What can be done?

Page 15: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Establish Vendor Governance Program

Partnership / Communication

Govern by contract, then be friends

Use a dashboard: Then watch it!

Industry Solution? – SVR, BITS, etc

What can be done?

Page 16: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Use external independent assessment in the offshore location

Scrutinize regulatory compliance mandates

Integrate services sourcing and management processes within overall corporate governance framework

Don’t procrastinate…act now

Additional Recommendations

What can be done?

Page 17: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Offshoring/Outsourcing Resources Outsourcing/Offshoring Knowledge

– SourceSentry: http://www.sourcesentry.com – ISACA: http://www. isaca.org – FDIC: Offshore Outsourcing of Data Services by Insured

Institutions and Associated Consumer Privacy Risks: http://www.fdic.gov/regulations/examinations/offshore/toc.html

– IT Compliance Institute: http://www.itcinstitute.com/index.aspx

– Ponemon Institute: http://www.ponemon.org– Outsourcing Institute: http://www.outsourcing.com– Outsourcing Journal: http://www.outsourcingjournal.com– NASSCOM: http://www.nasscom.org– Philippines: http://www.outsourcephilippines.org – Global: www.witsa.org

Page 18: Offshore Outsourcing - Dealing with Compliance Issues Ken D. Nguyen, PMP, CISSP, CISM, MCSE SVP & CTO SourceSentry, Inc. knguyen@sourcesentry.com

©SourceSentry 2004

Questions

Ken D. Nguyen, PMP, CISSP, CISM, MCSE

SVP & CTO

SourceSentry, Inc.

[email protected]