Monthly Archives: May 2018

GDPR and non-EU Spend Analytics Providers … Mortal Peril? (GDPR Part III)

Today’s guest post is from Tony Bridger, an experienced provider of Procurement Consulting and Spend Analysis services across the Commonwealth (as well as a Lean Six Sigma Black Belt) who has been delivering value across continents for two decades. He is currently President of UK-based TrainingWorx Ltd, a provider of a wide range of Procurement and Analytic business training programs (inc. GDPR, spend analysis, project management, process improvement, etc.) and focussed short-term consulting solutions. Tony can be contacted at tony.bridger@data-trainingworx.co.uk.

While there has been much debate within EU countries around the preparation for GDPR on the 25th of May, the level of knowledge and preparation for those suppliers of analytics platforms and services outside of the EU remains largely an unknown. Controversially, our assessment is that many customers/suppliers will have ignored it and assumed that it doesn’t apply.

If your spend analysis provider is a large, well-known brand name with a global presence, it is highly likely that they will have opted for the binding corporate rules option. This is a complex and intricate process but is essentially a means of larger data service/analytics providers applying to the EU to establish the provision. The supplier applies a BCR to one of the EU Supervisory bodies (one of the 27 EU members). These are termed Lead Authorities. Once the checks have been completed and the Lead Authority is satisfied with the adequacy of the data privacy safeguards in place, the Lead Authority decision is binding across all Supervisory authorities in other European states. However, as in much European Legislation member states may have additional requirements.

Once Binding Corporate Rules (BCR) status has been achieved:

“Binding Corporate Rules (BCRs) are designed to allow multinational companies to transfer personal data from the European Economic Area (EEA) to their affiliates located outside of the EEA in compliance with the 8th data protection principle and Article 25 of Directive 95/46/EC.”

However, what of smaller providers? No so easy – and it can become rapidly more complex.

The EU has two other provisions for managing data that contains personal information – the rule of adequacy and safeguarding.

Not surprisingly (shock) all 27 EU members meet the rule of adequacy. Adequacy is simply defined around the level of protection at national level.

For other countries who are non-EU, the EU will judge this on the national rule of law; respect for human rights, fundamental freedoms and relevant legislation, both general and sectoral, including public security, Defence; National security and Criminal law. Simple enough …

Now the bad news. There are only some 11 countries globally that are deemed to meet this level of adequacy. These include Andorra, Argentina, Canada, Faroe Islands, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland and Uruguay. If your spend analysis provider lives in any of these countries – that’s fine. Happy days.

However, what if they don’t? The new Regulation is simple in objectivity. The GDPR change removes a controller’s (or data owner, we will explain controller and processor in the next few posts) previous ability to transfer personal data outside the EU where this is based only on your own assessment of the adequacy of the protection afforded to personal data. More work to do.

This brings us to the last option – safeguarding.

Safeguarding means just that – can the supplier offer sufficient safeguards with data containing personal information?

However – can the problem be eradicated and avoid GDPR regulations?

We will cover these areas in the next post. Our advice as always – find a lawyer who understands the regulations and can guide you either as a customer or supplier. If you are in doubt, get advice.

If you breach the regulations – it could get expensive.

Thanks, Tony.

Maybe You Can Be a Procurement Hero!

Everyone wants to be the corporate hero, but at the end of the day, very few people in a company get to be society’s hero, and fewer still without blowing the whistle on criminal activity (and being made the target of a well paid hitman).

But if your company is big enough, and the spend you’re responsible for is large enough, you can sometimes do the right thing for the company and the right thing for society (even if it’s a bit tough at first).

How? You get corporate buy in to use your corporate spending power for good. You get commitment that it’s not just the lowest cost, it’s the lowest sustainable cost that meets minimum ethical guidelines. You get a commitment from the C-Suite to not only do your best to follow what is becoming the law in many jurisdictions and eliminate slave, forced, and child labour from your supply chain but to do it because it’s the right thing. Then, you can also get a commitment to shift at least some supply to suppliers that are making efforts to be more sustainable (and not polluting the local water table) or corporately responsible (and making efforts to improve the quality of life of their workers or the local community). In certain categories (primarily sourced from low-cost countries), each of these options will generally be a bit more expensive in the short term than going with the lowest cost supplier, who likely underpays the workforce or destroys the local environment, but well worth the temporary cost increase.

First of all, your C-Suite won’t have to worry about criminal charges or jail. Secondly, sustainable suppliers tend to be around for the long haul and get more leaner, more productive, and more cost effective over time — especially with your investment (and work with you to contain costs when they start to rise). Third, you can market the heck out of your commitment to sustainability and corporate responsibility. While not all consumers will pay more, some will, and those that are willing are those that will stick with you. Plus, when your competition stocks out because their supplier is finally shut down for its poor practices, you won’t have any disruptions.

Now, you’re probably saying one buyer can’t make a difference, but if you are buying a multi-million, or hundred million, category for a Fortune 500 / Global 3000, that’s a lot of money and you can use it to make a huge difference. No supplier wants to lose out on that amount of money, and even current suppliers can be changed.

Plus, if you band together with peers that are part of a trading network (like the Ariba Network that does more commerce annually than Alibaba, Amazon, and eBay combined) and all make a commitment to stop buying from a certain supplier until they adopt certain minimum corporate responsibility and sustainability requirements, you can bet that supplier will turn on a dime.

The reality is that if Procurement gets a Purpose in the Global 3000, and practitioners can garner the resolve to stick to their guns, they are one of the few people who can make a difference in this corporate driven world. It won’t be easy, but is anything worth doing?

For a slightly deeper dive into Procurement With Purpose, check out the doctor‘s two-part series over on Spend Matters (Part I) and for a much deeper dive, check out the public defender‘s new paper on Procurement with a Purpose — Making a Positive Impact on Organisations, Human Rights and Communities, sponsored by Ariba.