Trends and cases on IT and fair competition rules

Steps companies can take

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The unfair competition laws and other IT regulations directly impact manufacturing and other industries. Faced with the risk of enforcement action and/or the inability to sell into the US market and potentially other countries, enterprises are expected to take key actions.

Companies compliant with the legal IT and fair competition legislation can use their compliance as a competitive advantage over their competitors.

Education and communications programs

In many companies outside of the US, awareness of unfair competition laws and regulations is still lacking. Thus a strict internal supervision system is recommended to avoid potential legal risks. Companies need to promulgate stringent IT rules and policies to heighten their employee’s awareness of IT compliance.

Educational initiatives should both address and discourage the usage of illegal IT in business operations, highlighting the potential risk to both company as well as its individuals. Through online training, company newsletters and conferences or seminar, companies can hope to:

  • Educate employees to respect patents and intellectual properties
  • Prevent illegal or inappropriate IT behavior
  • Raise awareness of unfair competition laws and IT regulations
  • Establish corporate culture of high ethical standard and integrity

Software asset management

To ease concerns over the use of illegal IT within the enterprise, companies should take a more proactive role to ensure that infrastructure equipment and software all hold applicable licenses.

Software asset management (SAM) is a practice of implementing a series of standardized processes and procedures to ensure legal software compliance by helping companies to control costs and optimize software investment and management across the organization.

SAM key components

Enterprise risk management

Companies can also perform an enterprise risk management (ERM) program to mitigate IT-related risks. ERM can help companies identify, assess and prioritize their key business risks across the organization, including the risks related to illegal IT and IP.

Supply chain assessment

Supply chain assessment (SCA) is an important program for companies, especially those in the manufacturing industry, providing them a diagnosis of their supply chain processes from both quantitative (performance metrics) and qualitative (process maturity assessment) perspectives.

SCA also helps companies identify potential IT issues with their suppliers or business partners in the ecosystem, thus mitigating the risks of violating unfair competition laws or similar regulations.