DOJ updates ECCP to include AI risks, whistleblower protections

DOJ

Companies under criminal prosecution by the Department of Justice for any reason must show they have robust compliance for any artificial intelligence (AI) in use–or risk heightened prosecution–under a DOJ policy update.

Companies also must show that they have strong whistleblower protections, according to an update of the DOJ’s Evaluation of Corporate Compliance Programs (ECCP), an online guidebook about the compliance, governance, and risk assessment systems the DOJ expects companies to have.

The DOJ periodically updates the ECCP, and announced in March that it planned to include AI and whistleblower protections. In March 2023, an ECCP update provided guidance about corporate off-channel communications, among other issues.

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