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Compliance, Ethics and Expectations: Three Different Conversations

In most change initiatives, if you were to ask “who is responsible for compliance?”, there would be a clear answer. However, if you were to ask “who is responsible for ensuring what we do is ethical”, unless you are in a very narrow set of industries (research, pharmaceutical, etc) you’re likely to be met with either a blank stare or a somewhat “corporate” answer (by which I mean an ambiguous word salad answer that leaves you more confused after hearing the answer than before).

I’ve been thinking a lot about this recently, particularly as ethics seem to be as important as ever, if not more so. Thinking back on some projects I’ve worked on I wonder if a core issue here is that organisations rarely consciously define their ethical boundaries. Put differently, they don’t say what they consider to be ‘right’ and ‘wrong’, so it is left for teams to collectively navigate.

Of course, organisations have mission statements and values, and being good corporate citizens we learn them off by heart. But how often are they actually used or useful?  I suppose occasionally these might even get shoe-horned into a business case. But even then, in my experience, they don’t really help define what the organisation considers ethical.

Compliance vs Ethics

At this point you might be pondering why we even need to think about ethics. I mean, if something is legal and compliant, then that’s enough, surely? Not in my view. I’d say there are things that are legal and compliant that many people would consider unethical. But the challenge is that different people will have different views on what is and isn’t ethical… and without an organisation-level discussion or definition things can get inconsistent.

Let’s take one small, relatively insignificant example. I recently went on a short break abroad, and upon landing I received the following text message:

Read more: Compliance, Ethics and Expectations: Three Different Conversations
Welcome to Spain - it's a Go Roam in Europe destination. If you have a Voice Data Pack or Add-on you can call/ text back to the UK, and between Go Roam in Europe destinations at no extra cost. Voice calls to anywhere else cost GBP1.40/min and texts to anywhere else are 35p/SMS. If you have a Data Only Pack or Add-on, for calls/ texts back to the UK or Go Roam in Europe destinations it's 35p/min, 15p/SMS. For anywhere else it's GBP1.40/min, 35p/SMS. Usage above your Inclusive Roaming Allowance within your UK data allowance is 0.3p/MB. Usage above your UK allowance costs the same as at home - 10p/MB. If you don't have any Data Pack or Add-on it's 10p/MB for data, and for calls back to the UK or Go Roam in Europe destinations it's 35p/min, 15p/SMS. For anywhere else it's GBP1.40/min, 35p/SMS. Go Roam info at 3.uk/1ldt9. For useful info and how to avoid unexpected charges, visit 3.uk/ekiwb. All 3.uk links are free to access. To avoid paying roaming charges, switch Data Roaming off. To opt out/in to these messages text STOP/START to 330. In an emergency call 112.

19:21

Your Inclusive Roaming Allowance varies by product: VOICE DATA PACKS begin on the date of purchase and have monthly Roaming Allowances which depend on your monthly charge before any promotional discounts: GBP10.00 has 6GB if purchased post-8Sept2024 (10GB or 12GB pre-8Sept2024), GBP15.00 has 12GB, GBP20.00 has 18GB, GBP25.00 has 24GB, GBP35.00 has 30GB, GBP90.00 has 30GB, GBP199.00 has 18GB, GBP240.00 has 18GB. DATA ONLY PACKS allowances: GBP10.00 has 1GB, GBP20.00 has 1GB, GBP40.00 has 2GB, GBP60.00 has 12GB. DATA ADD-ONS roaming allowances will activate upon Data Pack data expiry or a chargeable event: 5GB

(The final sentence is cut off in the screenshot.)

At the bottom of the screen:

Sender can't accept replies. Contact them directly. Learn more

I presume this is sent to fulfil a regulatory obligation. And I assume it ticks the compliance boxes that it needs to fulfil. But is it ethical to send a message like this? Would you know, reading this text message, what the cost of data would be, or how much data you could use before incurring a charge? 

As a customer, it just confused (and slightly annoyed) me, and I just assumed that it was cheaper for them to send a ‘catch all’ text to all customers who roam abroad rather than actually work out what tariff they are on and send them the pertinent information. I might be wrong of course, but let’s assume that’s the case for the sake of this article. Would it be ethical to send confusing information to a customer to save money?

How often is compliance seen as a ‘tick box’ exercise like this, potentially (and ironically) at the expense of doing something that would be considered more ethical by the consumer?

Compliant, Ethical and Expected are Three Separate Things

There’s also a third dimension: what is expected. As a customer, I expected a clearer text message. Yes, yes, sometimes there needs to be the 10,000 word legal disclaimer that nobody reads—and that can sit in a linked document somewhere. But just tell me what things actually cost.

So, I think it’s worth considering these three dimensions in parallel:

  • What is compliant?
  • What is ethical?
  • What is expected?

Curating Conversations

This will inevitably lead to conversations about what is ethical in a set of circumstances, and sometimes how we can deliver something that meets what’s expected while also being compliant. Those conversations are good; they help ensure trade-offs are made deliberately.


They also help us have the hard discussions about what ethics even mean in a particular context. One way of visualising this is to consider that the organisation has a set of values, and the team needs to consider various options or decisions in the context of those. Which are best aligned? Which would cause unintended consequences that aren’t aligned? Who might we be excluding? Who might we be negatively impacting? Systems thinking becomes important in these discussions too.

Stay Curious

As with any situation, it’s important to stay curious and think broadly. Too often, important voices get marginalised, including those actually closest to the work. As practitioners of change, it’s crucial that we help to amplify those.


What are your views? Please add a comment below, and let’s keep the conversation flowing!

If you’ve enjoyed this article don’t forget to follow me on LinkedIn and check out BA Digest, the quarterly BA magazine.


About the author:

Adrian Reed is Principal Consultant at Blackmetric Business Solutions, an organisation that offers Business Analysis consulting and training solutions. Adrian is a keen advocate of the analysis profession, and is constantly looking for ways of promoting the value that good analysis can bring.

To find out more about the training and consulting services offered at Blackmetric, please visit www.blackmetric.com

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© Blackmetric Business Solutions, published exclusively on www.adrianreed.co.uk. May not be republished on any other site without permission.

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