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Frequently Asked Questions

[vc_row][vc_column][vc_empty_space][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Consult our frequently asked questions about our expertise here” use_theme_fonts=”yes” subtitle=”Wij onderhouden de veelgestelde vragen regelmatig. Wanneer er nieuwe ontwikkelingen zijn zal deze pagina worden geüpdatet.”][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_custom_heading text=”Legal Operations” use_theme_fonts=”yes”][vc_tta_accordion c_position=”right” active_section=”1″][vc_tta_section title=”Why do we use the word “legal operation”?” tab_id=”1662019189356-c508cd31-c2b2″][vc_column_text]

We speak of “legal operation” because the function serves to organize effective business activities. In the US and UK, professionals speak of “Legal Operations”.

Every company has legal operation. Small companies often assign the legal operation to management or to an internal or external employee. Organizations with a considerable company size often have a legal department (staff) department (LD).

International professionals, like us, put the legal function at the service of effectively organizing business activities. The waves of ever new legislation and a more complex society make legal operations necessary for all organizations – regardless of company size.

Legal operations is a dynamic business function in the service of effectively organizing business activities (such as sales, personnel management and purchasing). The function relates to managing partners (customers, employees and suppliers), entering into obligations and acquiring rights; and fulfilling obligations and being able to exercise rights (contract management). See knowledge base, What is legal operations?

There are central management, registration and compliance tasks, and decentralized operational tasks at department or team level.

To effectively organize a corporate legal function, we use the MYOBI Trust Network with the smart contracting application, maintain knowledge bases, awareness and training programs and contract libraries. If desired, a company can call on our support.[/vc_column_text][/vc_tta_section][vc_tta_section title=”The trust network and the smart contracting application support the logistics of legal operation. Are there alternatives?” tab_id=”1574338209493-2bde497c-9fb4″][vc_column_text]

On the trust network, a company with an information ecosystem manages its partners (customers, employees and suppliers). Certainty about the reliability of the identity of partners and their representatives is essential for effective business. In addition, we can consider the data in the information ecosystem as a trade secret (also within the meaning of the Trade Secrets Protection Act. MYOBI organizes an electronic signature on the trust network, ensures secure processes and certifies and deposits contracts and other documents for parties. This service is necessary in order to be able to enter into obligations and to make agreements about rights to be acquired. The smart contracting application leverages the trust network and allows the company to effectively organize the corporate legal function. We manage (company-specific) contract portfolios and libraries.

The strength of organizing the corporate legal function using the smart contracting application on the trust network is the coherence of resources aimed at effectively organizing corporate activities. The targeted sharing of knowledge and experiences in the knowledge bases, webinars, awareness and training programs and through professional support provides the preconditions for a successful implementation and expansion of the corporate legal function.

There are alternatives for parts. We can think of a contract set composed by a lawyer or an electronic signature mechanism, such as ‘Docusign’. The tool is central there.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Is our service linked to the trust network and the smart contracting application?” tab_id=”1574338208492-e38519b2-252c”][vc_column_text]

No, we advise and still conduct investigations. It is not necessary for a (potential) customer to use a trust network or smart contracting.

To effectively organize a corporate legal function with business processes, supporting IT and management by employees, we have drawn up the functional specifications for the trust network and the smart contracting application, manage the contract library and take care of knowledge and change management. If desired, companies can call on the commitment of our professionals. [/vc_column_text][/vc_tta_section][vc_tta_section title=”We contribute to the Contract Board. Can we separate the contract portfolios from the trust network?” tab_id=”1574338207987-d1d0ac2b-e38b”][vc_column_text]

The Contract Board manages the TTP policy of the trust network. We can briefly describe the TTP policy as the rules of the game or the system of agreements for the users of the trust network. Within the framework of the TTP policy, MYOBI manages the trust services. We can think of the mechanism of authenticating the identities of companies and authorized representatives, electronic signature, secure business processes, authentication and depositing of documents.

The Contract Board builds and manages contract portfolios based on the TTP policy; in other words, the rules of the game of the trust network and trust services.

Seeing contract portfolios separately from the TTP policy, i.e. separating them from the rules of the game of the trust network, requires additions to the functionalities that the trust network does not provide.

So in principle yes, we can see the portfolios separately, but the effectiveness for the corporate legal function decreases sharply. Operational and pragmatic, no.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][/vc_column][vc_column width=”1/2″][vc_custom_heading text=”Risk and Compliance Management” use_theme_fonts=”yes”][vc_tta_accordion c_position=”right” active_section=”1″][vc_tta_section title=”What do we mean by the compliance operations?” tab_id=”1662019202776-4728fbda-1a3a”][vc_column_text]

There is no unambiguous definition of compliance. In the financial sector, the role of compliance officer has been elaborated and the purpose of compliance is to establish compliance with laws and regulations.

We see and provide more and more new (European) legislation with compliance arrangements. The subjects, usually the companies and the management, are responsible for organising compliance with legal and contractual obligations. They must account for the (degree of) compliance. This places the supervisory burden on the subjects.

As this legislation is pushed through with compliance arrangements, companies – regardless of size and type – will need a practical, integrated and effective approach to compliance.

We apply such a compliance approach to companies. A company that takes responsibility – and disseminates accountability – for the realisation of its own mission and vision or its policy gains the trust of its partners (customers, employees and suppliers). It strengthens her reputation.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”Is the use of MYOBI Trust Network and applications necessary for organising an integrated compliance approach?” tab_id=”1662019202797-65167dec-d60e”][vc_column_text]

No, organizing an integrated compliance approach can be organized in a traditional way. It is recommended to use the trust network to organize an effective risk and compliance management. The basis for an effective risk and compliance management is reliable company and personal data.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”What are baselines. Does this also include a framework of standards and functional and non-functional specifications for an IT system?” tab_id=”1662019202818-0a0c8823-8a02″][vc_column_text]

We describe a baseline as an overview of management objectives that a company wishes to maintain or achieve. The measures (per maturity level) are stated here, through which a company can measure whether the objective has been achieved and can make adjustments if necessary.

The baselines are based on general standards frameworks such as ISO and NEN (good practices) and legal frameworks such as the GDPR. Baselines can be made company specific by supplementing them with company objectives and contractual rights and obligations.

A baseline can also be drawn up specifically for a business activity, for example a baseline with functional and non-functional specifications for the purchase of an application in the cloud or the purchase of an IT system.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”What is the difference between the term ‘internal control’, ‘compliance’ or ‘internal control’?” tab_id=”1662019202837-413442a3-8d74″][vc_column_text]We recognize no difference:

  • Chartered accountants, charged with the audit of the financial statements, use the term ‘administrative organization and internal control’. Legislators and regulators use the term “compliance (with law)” for being responsible for organising compliance with legal and contractual obligations.
  • Operationally, as part of the effective organisation of business activities with business processes that include control measures, company employees often talk about internal control.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”Is contract management also a form of compliance?” tab_id=”1662019843404-51891df4-247d”][vc_column_text]We can regard contract management as a special form of compliance. A company makes agreements with its partner about providing a service against payment. The parties wish that the obligations are met on both sides as agreed. In terms of compliance, the partners can agree on a baseline that everyone adheres to.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][/vc_column][/vc_row][vc_row][vc_column][vc_empty_space][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_custom_heading text=”Protecting personal data” use_theme_fonts=”yes”][vc_tta_accordion c_position=”right” active_section=”1″][vc_tta_section title=”Are we completely abandoning the protection of personal data?” tab_id=”1662019214419-2821436d-348b”][vc_column_text]

No, protecting personal data is and will remain a core activity for us. We wish to serve our clients appropriately by protecting trade secrets and personal data. The reason is:

  • A better value proposition and business case for the company;
  • More clarity for the employees of the organization;
  • Management and security measures are necessary to protect both trade secrets and personal data; and

Accountability for compliance with legal and contractual data protection obligations is accordingly.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”Is it possible to prepare the strategic agenda data of the company or a business unit in collaboration with professionals from Duthler Associates?” tab_id=”1662019214442-c0a83247-4fe4″][vc_column_text]

Yes, we have a lot of experience in drawing up a strategic agenda for trade secrets and personal data.

The agenda reflects the existing maturity level and develops towards an achievable level of ambition.

Gaining an overview and insight into the effective organization of business activities forms the starting point for the agenda. A strategic agenda for trade secrets and personal data is meaningful if there is support among management and employees for the implementation of a plan of action. When elaborating the strategic agenda, knowledge and change management are necessary to create support, to make use of the implicit knowledge of employees and to estimate the change capacity of management and employees.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”What is the connection between a strategic data agenda and a privacy statement?” tab_id=”1662019214465-5ba28132-ab43″][vc_column_text]

Companies publish a privacy statement on their website and it is based on the strategic data protection agenda of the company management. The trade secret statement is an internal document that serves to demonstrate the effectiveness of trade secret security measures in the event of a breach.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”Could we see the strategic agenda data as a framework for the “digital transformation” that many companies are going through?” tab_id=”1662019214491-952ad96e-827b”][vc_column_text]

That’s how you could see it. The explicit naming of trade secrets and personal data based on the strategic agenda data approach shows what the “crown jewels” of the company are. It makes it clear that management expects adapted/increased protection for this data. The relationship between trade secrets and personal data offers the company the opportunity to combine management and security measures. That is more effective and cost efficient.

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