Regulation & Compliance

Doing the right thing is not just good for business, it is good business. However, the huge amount of regulatory change and increasing public scrutiny means that doing good business is becoming more and more challenging.

The volume of new regulations, proposals and the pace of legislatory change in the UK and EU makes the compliance environment ambiguous and difficult to navigate. Businesses need to consider the ongoing implications of Brexit, the EU's Corporate Sustainability Reporting Directive (CSRD), the FCA's introduction of Consumer Duty, and Deposit Return Schemes (DRS), to name just a few.

As well as businesses having to meet those compliance obligations in the context of evolving financial regulations, volatility, uncertainty, complexity and ambiguity, there is a need to stay prepared for challenge from internal and external stakeholders, and potential investigations.

The multitude of factors that can result in corporate investigations is growing on a global scale. Be it at the request of regulators, social media pressure, or simply to demonstrate your organisation’s desire for transparency in respect of Sustainable Business and ESG objectives. What is clear is that companies are facing ever-increasing sustainability expectations and demands, along with the increased threat of reputational damage, and must be proactive in identifying unethical conduct before the commencement of an external investigation and public scrutiny.

Importantly, we believe that regulation can be a differentiator. It can and should help businesses to innovate, stand out and create trust with their customers, rather than simply being a cost of doing business. Trust, transparency, accountability, disclosure, comparability, good conduct and an ethical culture are all themes that are increasingly important to your clients and customers, how they choose their partners, and how regulators evaluate businesses.

However, issues do slip through the net and our team are here to help you get back on track if that is the case. In addition, we can operate as trusted advisors to help your business not simply comply with regulation, but to prosper by shaping your business to align with the aims of better customer and societal outcomes.

Our practice combines deep knowledge of the regulatory landscape, with a commercial and sectoral understanding of the challenges senior leaders face. Our team specialises in helping businesses anticipate and adapt in an ever-changing regulatory climate. We provide consultative problem-solving, together with core compliance support, to meet all of the regulatory needs of your business. Our regulatory offering is comprised of a full range of regulatory services; from ad-hoc support, ongoing services and on-off project assistance to help you to navigate the domestic and international regulatory framework.

Consumer Duty

We provide gap analysis, solution design, project planning, outcomes dashboards and regulatory assurance to ensure you are fulfilling FCA requirements. The design and development of cultural change initiatives supports behavioural change and provides evidence to the regulator on the cultural commitment to deliver good customer outcomes. More information on Consumer Duty can be found here.

Investigations

We ensure the right technologies are in place for efficient investigations delivery on potential breaches of FCA rules, economic crime (including bribery and corruption), fraud, and money laundering. We also partner with your business for effective risk management framework support including risk assessment, heat maps and compliance improvement plans.

We establish core Terms of Reference, dependent upon company objectives and regulatory requirements.
We conduct phased investigations and reporting within the corporate governance structure as investigations progress.

More information on Investigations can be found here

Senior Managers and Certification Regime (SMCR)

We conduct periodic reviews and independent assessments of SMCR and ensure controls are in place including reviewing policies and structures. We advise on the process of transitioning from a core firm to an enhanced firm and mitigate the risks of changing/inadequate SMCR controls in corporate restructuring and/or the acquisition and embedding of new business.

More information SMCR can be found here

Products and supply chain due diligence

We support our clients in their products and supply chain due diligence by establishing a risk management system, conducting regular risk analysis and embedding preventive measures (such as implementing human rights and environmental standards within supplier and producer agreements and corporate process).

We help you navigate the growing body of packaging and waste laws impacting what is used in products and their packaging and how a circular economy is maintained. We also support the launch of new products and services including how to navigate the product-specific and eco-design regulations within the EU and beyond.

Green claims and class action defence

Navigating green claims rules is becoming progressively more complex – as the EU regulates to make carbon neutral claims based on offsetting illegal and sets out an array of more prescriptive rules, the UK has left things more open. We have a framework to help you maximise your green claims at a risk profile you are comfortable with.

With shareholder activism on the rise, the growth of class actions across the US and EU, and the potential for fines of 10% of turnover in the UK on the way, the risk has never been greater. Our team has huge experience in defending class action cases across the UK and beyond as well as great experience before the advertising and consumer protection regulators.

More information on advertising and green claims can be found here

Find out more about our wider Sustainable Business & ESG advisory practice

For more information or to discuss how we can help your business, please contact a member of our Regulation & Compliance leadership team.