In a post published earlier this year, we highlighted the importance of proactively managing artificial intelligence (“AI”) risks as part of an effective compliance program. Specifically, we explored the key considerations for organizations to effectively navigate AI-related risks and enhance their compliance efforts. We also referenced Deputy Attorney General Lisa O. Monaco’s announcement incorporating an assessment of AI-related risks into its policy on Evaluation of Corporate Compliance Programs (“ECCP”).[1] On September 23, 2024, Principal Deputy Assistant Attorney General Nicole M. Argentieri announced that the U.S. Department of Justice (“DOJ”) updated the ECCP (“ECCP Update”) to guide federal prosecutors in analyzing how companies utilize new technologies, including AI, in their operations, and whether this use is accompanied by an appropriate assessment of the risks these technologies may present.[2] The revisions in the ECCP Update aim to “account for changing circumstances and new risks” posed by AI and other emerging technologies in compliance programs, reinforcing the DOJ’s commitment on corporate compliance in an evolving technological landscape.[3]
