GDPR: Governance implications for regimes outside the EU

It is estimated that as of 2017 around 120 nations around the globe had legislation to protect personal data with at least another 30 in train. Many of the early regimes (dating back to the 1980s and 90s) reflect the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (1980, updated 2013). However, there are also increasing concerns that these guidelines may no longer be fit for purpose with recent issues regarding breaches of data security and privacy. The EU's General Data Protection Regulation (GDPR) (2016) implements a reformed data privacy regime. Tellingly, some of the new and pending privacy regulations elsewhere reflect the GDPR, a characteristic that suggests much about the impact of international trade. Two questions arise: first, how is the GDPR likely to affect and influence governance of organisations, not only those domiciled in the EU, but also those trading with the Union or having a presence there? Second, compared to the GDPR, what gaps are there in other existing privacy regimes and what are the implications for the governance of those organisations and their risk management strategies? This paper compares the GDPR with privacy regimes in place in New Zealand and Australia (the first of which has GDPR “approved country status” for receipt of data) and attempts to answer the questions above, thus providing a focus for empirical research. As such, the paper provides insight into the impact of the data privacy and security legislative reform, on corporate governance, strategy and risk management beyond the EU in its reach to far distant regions. © The Authors, 2018. All Rights Reserved.Proceedings of the 14th European Conference on Management, Leadership and Governance, ECMLG 201

LES DETERMINANTS «TRADITIONNELS» DE LA PERFORMANCE DES CONSEILS D'ADMINISTRATION ONT-IL ENCORE DU SENS DANS LES PME ?: UNE ETUDE EXPLORATOIRE DANS LE CONTEXTE FRANÇAIS

Soutenue par la théorie d'agence, la performance des conseils d'administration a largement été associée aux déterminants traditionnels (taille du conseil, indépendance des administrateurs et séparation des fonctions). Les théories cognitives apportent des arguments pouvant réfuter cette association. L'objectif de ce papier est de mettre en exergue l'existence d'autres types de variables impliquant la performance des CA avec un pouvoir explicatif plus important. En effet, sur un échantillon de 123 PME françaises, nous montrons que la performance du CA n'est pas tant reliée aux déterminants dits traditionnels mais plutôt à des composants relevant de variables de compétences des administrateurs ainsi que des modes de fonctionnement du CA.conseil d'administration, performance, déterminants, PME françaises

The seesaw of the governance: getting the balance right

The increased demand by institutional investors and regulators that corporate directors focus on compliance and internal auditing appears to be driven by a motivation to right the wrongs of the past rather than to create rights in the future. Managing by looking in the rear view mirror is a poor use of corporate strategy and is not supported by our research which shows that shareholders wish their directors to spend time on forward-looking strategy tasks more than on auditing. We believe the focus on compliance management may come at the expense of providing long term vision, sound strategic planning and competent leadership from the boardroom. An over-emphasis on compliance issues introduces the risk that directors spend more time and effort investigating the actions of senior executives and becoming absorbed in operational matters. This means that boards become caught up in micro-management rather than debating and formulating long term strategic plans and providing appropriate stewardship to the organization and support to the CEO and senior executives. Requirements for short term reporting exacerbate the problem by driving board executives to rely more on financial results rather than securing the viability of the organization over the long term. Whilst the increased attention to governance issues is aimed at protecting shareholders, we argue it is likely that shareholders are being exposed to even greater future risks given the limited time being spent on long term planning and strategic change. This paper explores the concept of a balance point where directors effort needs to be appropriately focused on both governance issues and providing leadership from the boardroom. It also discusses some of the leadership attributes and roles of executives in long term high performing organizations in Australasia and explores how these attributes impact positively on organizational excellence and sustainability

The walls between us : Governance for sustainability

Companies can no longer expect to engage in dubious or unethical corporate behaviour without risking their reputation and damaging, perhaps irrevocably, their market position. Irresponsible corporate behavior not only deprives shareholders of long-term returns but also ultimately imposes a cost on society as a whole. Sustainable business is about ensuring that entities contribute toward positive social, environmental, and economic outcomes. Bad business behaviour is costly for stakeholders, for markets, for society, and the economy alike. To ensure that a company behaves well, the buy-in of the leadership team is crucial. The full commitment of the board of directors, in conjunction with the senior managers of the organization, is required if an organization is to be socially responsible. In this sense, leadership does not reside with an individual (the CEO) within the organization but with all of those at the apex of corporate power and control. Effective change management requires enlightened and capable leadership to instigate and drive the process of embedding a sustainable and socially responsible corporate philosophy and culture that supports good business decision-making. A profound understanding of the requirements of such a leadership process will help corporate managers become highly effective change agents. Governance will be the main driver of this change. For the economy and financial markets to become sustainable and resilient, radical changes in corporate leadership need to take place. Integrated reporting, government regulation, and international standards will all be important factors in bringing about this change. As well as understanding the effects of corporate behavior on financial markets, such an understanding is also now imperative in relation to the social and environmental contexts

Unions in higher education - Leadership in the era of automation

Whether employee unions have a role to play in Universities (and what that role might be) has always been troubling, with views ranging from philosophical antipathy to wholesale endorsement. In some jurisdictions, levels of membership and support also have varied in response to such external factors as statutory changes to governance structures of universities, voluntary unionism, changes to the direct role of unions in furthering the statutory responsibilities of employers such as in promotion of health and safety in the workplace, and such internal factors as casualisation, centralisation of power and decision making and policies of workforce flexibility via redundancy and other strategies. An emerging “threat” that is garnering increasing levels of concern is that of automation in the higher education sphere, not only in ancillary functions such as learning management systems (LMS), information processing and provision of student support services, but also going to the root of the academic function – the education experience. This development will have fundamental implications for higher education, as for other service industries, and poses essential challenges for employee unions in terms of their relevance, governance and leadership, particularly where that automation threatens job security and careers. This paper will explore those challenges by reference to analogous developments such as MOOCs, “cookie-cutter” courses and programs, casualisation and the growth in on-line, flexible and blended delivery modes. As a review and commentary, the exploration will focus on the Australian context but to ensure broader relevance, will be grounded in political economy, reflecting the tensions that emerge between the funders of universities, both public and private, who seek higher profits, control and power, and those who see universities as a fundamental social institution. Arguably, it is in the space created by such tensions that the future for unions is located. It is a matter of determining what that future looks like. This approach permits both contextualisation of the discussion and provides opportunities for international comparisons, thereby providing a basis for future research within the context of academic leadership

Business clusters development and performance

Abstract not available

Governance and leadership implications for academic professionals in the era of technological disruption

Whether employee unions have a role to play in Universities (and what that role might be) has always been troubling, with views ranging from philosophical antipathy to wholesale endorsement. In some jurisdictions, levels of membership and support also have varied in response to such external factors as statutory changes to governance structures of universities, voluntary unionism, changes to the direct role of unions in furthering the statutory responsibilities of employers such as in promotion of health and safety in the workplace, and such internal factors as casualisation, centralisation of power and decision making and policies of workforce flexibility via redundancy and other strategies. An emerging “threat” that is garnering increasing levels of concern is that of disruptive automation in the higher education sphere, not only in ancillary functions such as learning management systems, information processing and provision of student support services, but also going to the root of the academic function—the education experience. This development will have fundamental implications for higher education, as for other service industries, and poses essential challenges for employee unions in terms of their relevance, governance and leadership, particularly where that automation threatens job security and careers. This paper will explore those challenges by reference to analogous developments such as MOOCs, “cookie-cutter” courses and programs, casualisation and the growth in on-line, flexible and blended delivery modes. As a review and commentary, the exploration will focus on the Australian context but to ensure broader relevance, will be grounded in political economy, reflecting the tensions that emerge between the funders of universities, both public and private, who seek higher profits, control and power, and those who see universities as a fundamental social institution. Arguably, it is in the space created by such tensions that the future for unions is located. It is a matter of determining what that future looks like. This approach permits both contextualisation of the discussion and provides opportunities for international comparisons, thereby providing a basis for future research within the context of academic leadership

The Board of Directors as the Corporate Conscience - The Mediating Role of the Board and Stakeholder Engagement

The underlying assumption in corporate social responsibility is that corporations have obligations not just to their shareholders, but to other stakeholders such as employees, suppliers or community groups. Such commitments raise complex questions about the changing role of the central agency of corporate governance, the board of directors, as the guardian or “conscience and critic” of the organisation it leads. The paper considers whether, as the key corporate decision-making body, boards can work as mediators on behalf of their organisations, going beyond their legal obligations to identify and prioritise a variety of potentially competing interests confronting a corporation. The study highlights the service role and tasks of the board, rather than the more usual agency role with its emphasis on non-executive monitoring and control of the organisation’s executive. The paper shows the difficulties for non-executive directors despite, or because of, the general broadening of the domain of governance. Because the service role includes initiating and formulating strategy and aiding in the acquisition of resources critical to organisational success, serious tensions underlie active stakeholder or shareholder participation on boards. Thus boards might need new structures for considering social and environmental questions, which traditionally may not have been theirs to address. If boards are to function as mediators among corporate constituents, they will require new competencies, feedback mechanisms and leadership skills to aid active engagement through collaboration, cooperation and effective communication in their interactions with their external environment