Recent Updates to the DOJ’s Evaluation of Corporate Compliance Programs
This past September, the US Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs (ECCP). The revised guidance reflects the government’s evolving expectations regarding corporate responsibility and compliance efforts, especially concerning artificial intelligence (AI) and emerging technologies. The key updates concern: (1) risks associated with new technologies and AI, (2) leveraging data for compliance program monitoring and enhancements, and (3) whistleblower protections. These revisions, and a brief background on the ECCP, are discussed below. Background The DOJ published the ECCP in 2017 as guidance for prosecutors for the evaluation of a company’s corporate compliance program. The ECCP identified several hallmarks of an effective corporate compliance program, which were accompanied by a set of questions for each hallmark that were meant to assist prosecutors in the review of these programs. The ECCP was created only as guidance and not as rigid standa...