Mention the words chief information officer (CIO) and most people
think about a classic tech geek. The guy who decides what all computers
we have on our desks. His staff members are the people we love to yell
at when our email is too slow.
Things are different now. Sarbanes-Oxley and other U.S. regulations
that emerged in the post-Enron accounting scandals require companies to
disclose more and more information to regulators, most of which is
stored digitally these days. Plus. in a merger-crazed and credit-card
happy world, increasing levels of data need to be kept confidential,
especially during sensitive business dealings like due diligence. Not an
easy task considering all the data potentially sitting out there on
email, in smart phones leaving the building and on public
instant-message files.
While auditors and regulators tend to focus on the CEO or the chief
financial officer for proof of a tight ship, it's exactly those two
executives who are turning to the CIO more and more for advice on how to
keep the house in order. The tech post is becoming more of a watchdog
role.
"All the critical information and the business information has
become digitalized. The bits and bytes have become the most valuable
company assets," says Douglas Wallace, director of systems
engineering for Latin America at Symantec, a provider of security
software. "They are just as valuable as the paper documents or even
receipts or government papers. Therefore, the role of the CIO now is to
protect all digital, data and communications."
On top of keeping information stored, the CIO must be able to
retain information should anyone ask for it. Some of that data can be
quite old; regulators now require publicly traded companies to keep it
for seven years. "If you don't have archiving software, it can
be very difficult," Wallace says.
Compliance aside, there are other threats on the horizon. Sixty
percent of the email on the Internet is spam, many of which contain
viruses and other harmful programs, Wallace says.
The CIO must define the security parameters and get everyone to
comply. Even company consultants need to 'fess up when it comes to
what's been downloaded. "Right now, seventy-five percent of
the investigations regarding [Sarbanes-Oxley] is based on email
research. This is very interesting because 80% of the company assets are
on email," Wallace says. Imagine shifting through seven years of
email from 10,000 employees looking for a suspect email. Quite a
daunting task. But Latin America, Wallace says, is holding its own.
"Right now, countries like Brazil, Mexico, Chile and Argentina, for
example, are at the same pace as the United States on requirements on
security, availability and compliance."
That makes the CIO the best friend of the CEO and the CFO. When it
comes to compliance, really close friends: The CIO is not held
accountable for company reporting in the eyes of regulators. The CEO and
CFO feel the heat there. So what they do? They make everyone else
account for his or her business. It can go down quite a ways, and
technology is the answer to doing just that--all to make sure that when
upper managers sign off, the documents are accurate and defendable.
"The CIO has to find the tools to offer the CFO to automate
systems," says Leticia Cavagna, program manager for management
visibility and control for SAP Latin America. "The CIO is the
enabler of the CFO's wishes."
Since many U.S. companies want their suppliers to abide by
Sarbanes-Oxley in some shape or form, many in Latin America are taking
note. According to Cavagna, 88% of Latin American companies when asked
about the U.S. accounting regs wanted to comply with U.S. regulations
even though they didn't have to. Of that group, 81% said the
benefits would outweigh the technological costs of adapting, Cavagna
says. Most are still big companies. But smaller companies are jumping on
the learning curve.
Quiet. Despite all the headlines about disgraced CEOs in the United
States, protecting data is not just a U.S. story. Any company that lists
equity in the United States is subject to U.S. rules wherever they are.
When companies merge, too, they need to keep quiet to meet stock market
information rules, no matter where they are. In Latin America, that
means there are three types of companies that need seriously to protect
and retain their data: Latin American subsidiaries of U.S. companies
that are publicly traded; large Latin American companies that trade in
the United States; and, lastly, privately held companies that ply the
have a vested interest in since listed information partners.
CIOs and other executives who protect data say that they find
themselves becoming more involved in the business side of company
operations, and not just on the technology issues, says Chris Day,
senior vice president of security services at Terremark, a U.S. company
that owns a network access point, or NAP, that caters to Latin America
and retains and protects data for corporations.
Today, a CIO could spend half of his time making sure technology
helps comply with all the different regulations as well as keeping
company data secure. Day says. The best way for a CIO to do just that is
to receive some sort of certification that shows compliance, like
international standards organization ratings on security. Doing so takes
care of meeting Sarbanes-Oxley requirements and any other regulations
and security compliance that a company might face in any part of the
world. "Move towards operating in best practices, then it's
not so hard," Day says. "You get a lot of what you need for
[Sarbanes-Oxley] compliance."
For some companies, though, it's not easy, and it's
especially hard for the smaller ones. They are starting from scratch and
may need to pay out consultants to get them there. "Going from zero
to full compliance can be very difficult," says Day. Even when the
company complies, the CIO must continue to keep an eye on his own
people. There have been cases where an employee does not feel
comfortable with a new system and continues to enter sensitive
data--like customer credit cards--in a spreadsheet file that ends up on
a company computer that could be easily stolen. "If you can't
protect it, you can't say you have controls," says Day.
For many Latin American companies, Sarbanes-Oxley is not the only
problem. There are domestic regulators too. Central banks and the
domestic stock market regulators want to see all the receipts these
days. Some companies must meet regional standards, too, says Jesus
Estevez, CIO for South America at PricewaterhouseCoopers, a U.S.
accounting firm. "There are other regulations besides
Sarbanes," Estevez says. "There are countries where besides
international regulations, there are local sub-requirements and
sub-regulations that need attending."
Most companies in the region have done a good job of getting
technology up to par, Estevez says. Argentina took a hit after the
economic meltdown in 2001 and early 2002, but today, tech spending is
back, he says.
For the companies that audit financial statements, sound
information technology systems are a critical component, says Steve
Hasty, lead partner in the United States for information technology at
KPMG, a global accounting and auditing firm. It's important for
companies to use technology in the controls of their business, Hasty
says, including payment systems and other applications closely tied to
financial reporting. Other systems are needed to monitor whether or not
things are going smoothly in the business. Then you need systems to
monitor the systems. Those could be different tasks for different
companies, depending on the company's size and the nature of its
particular industry, says Hasty. "One of the challenges is to
understand the requirements that you have as a company to protect
information," says Hasty.
The CIO, for instance, must know corporate policies and how to put
a system in place for departments as varied as finance and human
resources. In other words, the CIO needs to know more about what's
going on in a company-wide fashion as opposed to just the technology
side, Hasty says. Regulations change. Laws change. The company could
expand into new ventures or locations. Plus getting the system
implemented is one thing, but keeping it up to date is another.
"The CIOs need to be prepared that their technology and the
controls embedded in those technologies can meet the compliance
requirements, not only for today but be sustained in the future,"
Hasty says.
That goes for Latin America, too. Still, the region is not as
demanding as the United States is, says Carlos Lopez, an information
technology advisory partner in charge of Mexico and liaison for Latin
America at KPMG. Yet, soon, the entire region will catch up, he says.
Latin American governments and regulatory bodies are starting to demand
more disclosure from their companies as part of a global trend. Mexico
recently passed a capital markets reform bill that toughened up
accounting requirements. Brazil has rolled out the Novo Mercado, a stock
index that requires companies wanting to list on it to meet greater
disclosure requirements. "This is starting to set the tone of
corporate governance to try to align the initiative of [Sarbanes-Oxley]
in Latin America," Lopez says. "A few years from now we will
all follow these rules." That said, companies looking to comply
should do so whether they need to or not. That's more than just
getting used to disclosing more information. It means running the
business to disclose more information more easily, Lopez says.
Protection. Perhaps one of the most vulnerable pieces of
information out there on the Web are what industry experts call
personally identifiable information. Chances are, if you bought
something--especially on the Web--your credit-card number and other
sensitive data are floating around on some database.
Credit-card companies themselves can help out, in order to stamp
out identity theft. They provide programs that allow vendors to protect
credit-card information. They can also offer advice as to how a company
can protect itself from those who would harm it: Go from the outside in,
says Alfredo Perez, senior vice president for support services for
Visa's Latin American and Caribbean region. Protect the
company's network first. Then the hardware and then the
applications and then the data itself. That makes a hacker or anyone
else looking to steal data break through many more levels of security to
get to the goodies.
"The more difficult you make it, they go away," Perez
says of potential hackers. "They want the low-hanging fruit."
That's not an easy task. The CIO must continue to monitor all
systems and go through routines such as changing passwords. Plus he has
to make sure the right people have access to the right information.
"Before it wasn't a big deal, but now it's a great
deal," says Perez.
So what about the employees themselves? Do they play a part?
Absolutely says Kari Perez at Visa's corporate communications
office for Latin America and the Caribbean. "We are always getting
emails from the company asking us to be compliant," says Kari
Perez. To help out, Perez attends annual training sessions focused on
keeping the data safe. It's also part of the initial training
employees go through when they begin work at Visa, where people are
taught what programs they can and cannot run on their computers.
What happens when data gets leaked? What if someone screws up an
accounting journal? Should you panic? Not really. A well-run company
should have a plan for this sort of thing, says Kevin M. Levy, a lawyer
with the Gunster Yoakley law firm in Miami who specializes in business
law and corporate finance.
A company should have a response team ready to act in case an event
were to happen. That team should include attorneys, public relations
experts and the IT team. And having that team ready is still not enough.
"You've got to test that plan over and over and over so
you've got it down pat when something happens," Levy says.
FORREST JONES * MIAMI
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