Course Details

Regulatory and Legal Compliance in Business Continuity Management Training Course

Introduction

In today's highly regulated global landscape, Business Continuity Management (BCM) is no longer just a best practice; it is an explicit legal and regulatory obligation across numerous industries and jurisdictions. Failure to comply with these mandates can expose organizations to severe penalties, reputational damage, operational restrictions, and even criminal charges. From financial services and telecommunications to healthcare and critical infrastructure, regulatory bodies worldwide, including in Kenya, are increasingly scrutinizing an organization's ability to maintain essential operations and protect data during disruptions. Our intensive 10-day "Regulatory and Legal Compliance in Business Continuity Management" training course is meticulously designed to equip BCM professionals, legal and compliance officers, risk managers, and internal auditors with the specialized knowledge and practical strategies required to ensure their BCM programs meet and exceed statutory, regulatory, and contractual requirements, both domestically and internationally.

This comprehensive program will delve into key global and Kenyan-specific regulations that mandate BCM, including data protection acts, financial prudential guidelines, sector-specific directives, and industry standards. Participants will gain an in-depth understanding of how to interpret these requirements, map them to their BCM framework, implement robust controls, and demonstrate compliance through effective documentation, testing, and reporting. By the end of this specialized training, you will be proficient in establishing a legally sound and fully compliant BCM program that not only mitigates regulatory risk but also strengthens organizational resilience and builds stakeholder trust.

Duration

10 Days

Target Audience

The "Regulatory and Legal Compliance in Business Continuity Management" training course is essential for professionals who have a direct responsibility for ensuring compliance and mitigating legal risks within their organization's Business Continuity Management framework. This includes:

• Business Continuity Managers/Coordinators: Responsible for developing and implementing BCM programs.
• Legal & Compliance Officers: Overseeing adherence to laws, regulations, and internal policies.
• Risk Management Professionals: Integrating regulatory compliance into the broader risk framework.
• Internal and External Auditors: Assessing BCM program compliance and effectiveness.
• Data Protection Officers (DPOs) and Privacy Officers: Focused on data protection and privacy in BCM.
• Information Security Managers/CISOs: Ensuring security controls meet compliance requirements for availability.
• Senior Management: Requiring an understanding of their legal and fiduciary duties related to BCM.
• Operations Managers: Implementing compliant continuity procedures.
• Consultants: Advising organizations on regulatory BCM requirements.
• Contract Managers: Negotiating BCM clauses in third-party agreements.

Course Objectives

Upon successful completion of the "Regulatory and Legal Compliance in Business Continuity Management" training course, participants will be able to:

• Understand the global and national regulatory landscape mandating Business Continuity Management.
• Interpret key legal and regulatory requirements for BCM across various sectors.
• Map specific compliance obligations to the components of a BCM program (e.g., BIA, strategy, plans, testing).
• Develop a robust compliance framework and control mechanisms within their BCM program.
• Establish effective documentation and record-keeping practices to demonstrate compliance during audits.
• Prepare for and respond to regulatory inspections and inquiries related to BCM.
• Understand the legal implications of data protection and privacy in business continuity and disaster recovery.
• Navigate contractual obligations for BCM with third-party vendors and partners.
• Advise senior leadership on legal and regulatory risks associated with BCM non-compliance.
• Implement a continuous monitoring and improvement process for BCM regulatory adherence.

Course Modules

Module 1: The Mandate: Why Regulatory Compliance in BCM is Crucial

• Evolution of BCM from best practice to legal obligation.
• Consequences of non-compliance: fines, reputational damage, operational restrictions, legal action.
• Global trends in BCM regulation (e.g., operational resilience focus).
• Understanding the legal and ethical imperative for organizational continuity.
• The role of BCM in demonstrating due diligence and duty of care.

Module 2: International BCM Standards and Frameworks for Compliance

• Deep dive into ISO 22301: Business Continuity Management Systems – Requirements (as a foundation for compliance).
• Overview of relevant sections within ISO 27001 (Information Security Management) related to availability.
• Introduction to other relevant frameworks (e.g., NIST Cybersecurity Framework, COBIT) and their BCM implications.
• Leveraging standards to build a compliant and robust BCM program.
• The benefits of certification in demonstrating compliance.

Module 3: Data Protection and Privacy Regulations (Kenya & Global)

• Kenya Data Protection Act, 2019: Implications for BCM, data availability, integrity, and confidentiality during disruptions.
• Principles of data processing, data subject rights, and data breach notification requirements in a BCM context.
• General Data Protection Regulation (GDPR): Extraterritorial reach and its impact on organizations processing EU citizen data.
• BCM considerations for sensitive personal data and special categories of data.
• Data recovery, secure data backups, and data residency requirements for compliance.

Module 4: Financial Services Sector Regulations (Kenya & International)

• Central Bank of Kenya (CBK) Prudential Guidelines on Business Continuity Management (CBK/PG/14) and Pandemic Planning Guidance Note: Detailed review of requirements for banks and other financial institutions.
• Key aspects: governance, BIA, recovery strategies, testing, reporting.
• Basel III (Bank for International Settlements): Operational risk and resilience components.
• Financial market infrastructure resilience requirements (e.g., payment systems).
• Ensuring financial stability and market integrity during disruptions.

Module 5: Telecommunications and Critical Infrastructure Regulations (Kenya & International)

• Communications Authority of Kenya (CA) Cybersecurity Regulations, 2019: Requirements for critical information infrastructure (CII) and incident response.
• Review of specific BCM mandates for telecommunications service providers (e.g., network resilience, service availability).
• Energy and Petroleum Regulatory Authority (EPRA) & other utility regulators: Continuity of essential services (power, water, oil & gas).
• International regulations for critical infrastructure protection (e.g., NIS Directive for EU).
• Interdependencies and sector-specific resilience planning.

Module 6: Healthcare and Public Sector BCM Compliance (Kenya & Global)

• Digital Health Bill 2023 (Kenya): Focus on health data governance, privacy, security, and interoperability implications for continuity.
• Health Insurance Portability and Accountability Act (HIPAA - USA): Security and privacy rules relevant to healthcare data availability and recovery.
• Continuity of essential public services and government operations (e.g., emergency services, public health, social security).
• Legal requirements for sharing and protecting sensitive information during a crisis.
• Ethical considerations in continuity planning for vulnerable populations.

Module 7: Mapping Regulatory Requirements to BCM Program Components

• Methodologies for creating a regulatory compliance matrix for BCM.
• Aligning BCM policy and governance with legal and regulatory mandates.
• Integrating specific compliance requirements into the BIA process.
• Ensuring continuity strategies and recovery plans address regulatory obligations.
• Embedding compliance into BCM training, awareness, and exercise programs.

Module 8: Audit, Assurance & Demonstrating Compliance

• Preparing for regulatory audits and inspections of the BCM program.
• Best practices for BCM documentation, record-keeping, and evidence collection.
• Responding to regulatory inquiries and corrective action requests.
• The role of internal and external audits in providing assurance on BCM compliance.
• Developing clear and concise compliance reports for executive management and regulators.

Module 9: Legal Implications of Disruption & Non-Compliance

• Understanding potential legal liabilities arising from BCM failures (e.g., negligence, breach of contract, data privacy violations).
• Contractual obligations for BCM with third-party vendors, suppliers, and cloud service providers.
• The role of legal counsel in crisis management and post-incident review.
• Insurance implications for business interruption and cyber incidents.
• Reputational and trust implications of compliance failures.

Module 10: Emerging Regulations & Future Trends in BCM Compliance

• Monitoring the evolving regulatory landscape for BCM and operational resilience.
• Addressing new compliance challenges (e.g., AI ethics, environmental regulations, supply chain due diligence).
• The increasing focus on "operational resilience" vs. traditional BCM.
• International cooperation and harmonization of BCM regulations.
• Developing a proactive compliance strategy for future regulatory shifts.

CERTIFICATION

• Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

• Airport pick up and accommodation is arranged upon request

TERMS OF PAYMENT

• Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com