How do you approach managing legal aspects during periods of instability or crisis to ensure the organisation’s resilience?

Managing legal aspects during periods of instability or crisis requires a multipronged approach that focuses on agility, collaboration and risk mitigation to ensure the organisation’s resilience. With any crisis, an assessment should be performed in order to identify the legal risks and concerns. This requires collaboration between cross-functional teams in the organisation and collection of information. The legal team should then prioritise the most urgent actions which will have the largest exposure and impact.

Collaboration and communication between the legal team and the rest of the organisation is key. The legal team is there to serve as the bridge between legal complexities and business requirements, and to maintain stability and confidence. A legal response to crisis that is well-managed and coordinated can ensure business resilience and protect the brand. Any lessons learnt should be used to enhance the organisation’s policies and processes.

Given the current geopolitical shifts and growing uncertainties around international free trade, has your company’s risk profile evolved, and are you taking measures to address these challenges?

Indeed, the risk profile has evolved in light of geopolitical uncertainties and volatility in international trade. As a global ICT company, we operate across multiple jurisdictions, which exposes us to shifting regulatory frameworks, trade restrictions and supply chain disruptions. To address these challenges, we have adopted a proactive, multi-layered approach.

We continuously monitor geopolitical developments and assess their potential impact on our operations, contractual obligations and compliance requirements. This includes scenario planning for trade restrictions, sanctions and currency fluctuations.

Further, we have strengthened our contractual frameworks to include robust force majeure and dispute resolution provisions, ensuring flexibility and resilience in cross-border transactions.

Furthermore, we have diversified business strategy so that we there is no heavy dependency on any single region.

This integrated approach enables us to safeguard business continuity and maintain stakeholder confidence amid global uncertainty.

How can general counsel foster a corporate culture that supports ESG principles and compliance across all levels of the organisation? 

The role of the general counsel has been reshaped over the past few years and will continue to do so. Beyond being the primary legal advisor, the GC should have the ability to adapt to the ever-changing legal landscape, but also be curious to constantly learn and develop beyond their legal knowledge. GCs can foster a corporate culture that embraces ESG principles and promotes compliance across the organisation.

Tone at the top is very important when setting a corporate culture, and more so when championing the organisation to embrace ESG principles and compliance. It is imperative that GCs work with leadership to articulate a clear vision and define organisational priorities that align with ESG goals. Each organisation will have its owns ESG drivers that are relevant to them.

Effective ESG initiatives require firm support from top management. GCs can play a pivotal role in educating executives on the financial, reputational, and ethical imperatives of ESG compliance, positioning it as a value driver. In this regard, the organisation should collaborate with the board to integrate ESG into corporate governance structures.

The importance of technology in ESG compliance and monitoring should not be overlooked. GCs should advocate for and oversee the adoption of tools that assist in tracking ESG metrics, manage risks and ensure reporting accuracy. These tools will streamline coordination between departments in the organisation, while the GC ensures that they bridge any gaps between internal and external stakeholders.

Fostering a corporate culture that supports ESG principles and compliance requires a multifaceted approach, where the GC serves as both a strategist and a change champion. The ESG framework should be part of the corporate culture of the organisation, with support from top management and a clear vision.