There is increasing pressure and regulatory scrutiny to meet demanding requirements for know your customer (KYC) and know your supplier (KYS) onboarding and monitoring, to verify that third parties are genuine, competent, and financially viable, with sustainable business practices. There is increasing pressure and regulatory scrutiny to meet demanding requirements for know your customer (KYC) and know your supplier (KYS) onboarding and monitoring, to verify that third parties are genuine, competent, and financially viable, with sustainable business practices. These regulatory requirements include:
- Canada’s OSFI B-10, covering federally regulated financial institutions
- Health Insurance Portability and Accountability Act (HIPAA) in the US
- European Union’s Digital Operational Resilience Act (DORA), setting expectations of digital operational resilience for financial entities
- European Union General Data Protection Regulation (GDPR)
- European Union Corporate Sustainability Due Diligence Directive (CSDDD)
- US Interagency guidelines for financial institutions, requiring effective information security for organizations and their service providers
- LUX Circular CSSF 22/806, which aims to provide a transparent, homogeneous and harmonized national framework for outsourcing arrangements for financial entities based in Luxembourg
- UK PRA SS2/21, covering operational resilience for UK financial institutions
- Singapore MAS guidelines for outsourcing and third party arrangements, to ensure adequate governance and sound risk management controls.
- European Banking Authority (EBA) Guidelines on outsourcing arrangements
Risks can vary across sectors. For example, automotive manufacturers are highly focused on quality across their extensive, complex supply chains, to ensure that vehicles are safe and perform consistently. Life sciences is heavily regulated, with companies having to verify the quality and safety of all ingredients and show that outsourced activities — notably laboratory testing — are carried out to required standards. Industries like energy and telecommunications, which are vital to national security, need to demonstrate operational resilience along the entire value chain. Sectors with large customer databases, such as consumer and retail, and consumer financial services, are obliged to meet strict data privacy and security demands and, increasingly, keep data within specific geographical boundaries. Meanwhile, nearly all organizations must comply with regulations on environmental, social and governance (ESG), data protection, anti-money laundering, and sanctions.
Responsibility for TPRM varies, with functions like procurement, legal, compliance, risk management, data privacy, security, and IT often dealing with different vendors. Tasks include carrying out due diligence, onboarding vendors, monitoring, performing onsite audits, developing incident reports, conducting certification searches and other activities. Procurement, in particular, has played a leading role in improving efficiency and the speed of delivery, while retaining strong risk management that matches the organization’s risk tolerance. These departments may well have their own data systems, and varying attitudes and appetite for risk, which could mean that some third parties receive less rigorous attention than others, increasing the chance of incidents, inadequate performance, or non-compliance. Procurement’s role in making high-quality buying decisions is often underutilized, presenting an opportunity for better vendor risk management. Many organizations are unable to gain a complete overview of all the risks associated with each third party, which can threaten organizational resilience.
On top of this, a fragmented approach to third party risks, all too common amongst organizations today, and frequently involving manual tasks, slows down decision-making, delays vendor onboarding and holds up operations.
Often missing is a holistic view on third-party risk across the entire ecosystem of vendors, and a consistent approach to managing these risks. There is a tendency for the various internal functions overseeing third parties to view risk purely in terms of KYC and onboarding. They may require additional perspectives to carry out appropriately thorough risk assessments, and, as a result, could neglect the ongoing management and monitoring that is essential to stay on top of potential and evolving risks.