This document provides an overview of business continuity management (BCM) regulations around the world. It discusses BCM requirements in various countries and sectors such as government, healthcare, capital markets, and utilities. The research was conducted by reviewing online sources and involved analyzing BCM regulations and standards in over 30 countries. The findings indicate that many countries and sectors have implemented regulations to enhance BCM preparedness and resilience. The presentation aims to communicate this information to relevant authorities in India to help boost BCM practices through potential new regulations or guidelines.
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BCM Regulations and Learnings from across the globe..
1. Continuity & Resilience (CORE)
ISO 22301 CERTIFIED CONSULTING FIRM
Presentations by speakers at the
7th India Business & IT Resilience Summit
December 6, 2018 | Hyderabad, India
Our Contact Details:
UAE INDIA
Continuity and Resilience
Tel: +971 2 6594006
PO Box: 25722, Abu Dhabi,
United Arab Emirates
Website: www.coreconsulting.ae
Email: info@continuityandresilience.com
Continuity and Resilience
Level 15,Eros Corporate Tower
Nehru Place ,New Delhi-110019
Tel: +91 11 41055534 | Fax: ++91 11 41055535
Website: www.continuityandresilience.com
Email: info@continuityandresilience.com
2. BCM Regulations and Learnings from
across the globe
Dhiraj Lal
Executive Director, CORE
Hyderabad, Dec 6 2018
3. CONTENTS
Background 1
Research Methodology 2
Research Findings 3
Suggestions for India 4
Way Forward (open discussion) 5
SECTION
4. BACKGROUND
• While there has been some recent progress in enhancing visibility of BCM in
India, in general it is my concern that BCM in India does not currently get the
importance that it deserves
• My sense is that the BCM domain in India could get a huge boost in case
regulations or guidelines were formulated/enhanced – as is already the case in
many other countries
• This presentation looks at BCM across various countries and sectors globally
• Purpose is, to the extent possible, to find a way to communicate this
information to the powers-that-be in India. In case there are any Indian entities
which are able to issue regulations/guidelines in BCM, that could hugely
enhance the current levels of commitment towards BCM in India
• I would welcome any volunteers who may be willing to help make this happen.
5. RESEARCH METHODOLOGY
Objective To give an overview of BCM regulations over the world, classified
according to countries and sectors
Overview of
Sources
Internet based research from papers and Publications,
Discussions/Interviews
No of countries
considered
30
Functions/sector
s considered
Energy, Healthcare, Govt/Emergency Services, Financial Services
and Capital Markets - and many others
Disclaimer While every attempt has been made to ensure correctness of this
data, it is recommended that it be independently verified before
assuming it to be 100% correct. For example, new guidelines may
have been issued, some may have been withdrawn/superseded
etc.
9. GOVERNMENT/BCM
Country
Regulation/
standard
Expectation from regulation
Issuing
authority/body
USA
Continuity of Operations
(COOP) and Continuity of
Government (COG) -
Federal Preparedness
All federal executive branch departments and agencies must develop
an integrated/ overlapping continuity capability, to support National
Essential Functions. BCM should be maintained at high levels of
readiness and be operational within 12 hours. BC Plans must be able
to sustain operations for 30 days
Government of USA
USA
OSHA ‐ Occupational
Safety and Health
Administration Disaster
preparedness
. OSHA requires that all businesses with more than 10
employees have an Emergency Contingency Plan (ECP). For
business with 10 or less, a plan is not mandated, but
recommended
OSHA (Occupational
Safety & Health
Administration)
UAE
Business Continuity
Management Standard
AE/HSC/NCEMA 7000
All entities in the nation are supposed to implement BCM
National Crisis and
Disasters Management
Authority of the UAE
(NCEMA)
USA
Federal Financial
Institutions Examination
Council (FFIEC)
Handbook, 2003-2004
(Chapter 10)
Directors and managers are accountable for organization-wide
contingency planning and for "timely resumption of operations
in the event of a disaster."
Federal Financial
Institutions Examination
Council (FFIEC)
Australia
Business Continuity
Management - Building
Resilience in Public
Sector Entities
BCM is an essential component of good public sector
governance and is part of an entity’s overall approach to
effective risk management. This guide is designed to be a
useful reference document for boards, chief executives and
senior management in public sector entities
Australian National Audit
Office (ANAO)
10. GOVERNMENT/INCIDENT MGT.
Country
BCM
Type
Name/
Number
Issuing
Authority
Key Expectations
Canada Legislation
Emergency
Management & Civil
Protection Act
Canadian Government
Every municipality shall formulate an emergency plan
governing the provision of necessary services during an
emergency and the procedures under and the manner in
which employees of the municipality and other persons
will respond to the emergency. The council of the
municipality adopt the emergency plan
Australia Guidelines
AIIMS 2004 ‐
Australian
Inter‐service Incident
Management System
The Australasian Inter-
Service Incident
Management System
(AIIMS)
To put in place a nationally recognised system,
organizational principles and structure to manage
bushfires and other large emergencies (e.g. floods,
storms, cyclones etc.). Directly applicable to the nation's
fire and emergency service agencies
New Zealand Guidelines
New Zealand
Coordinated Incident
Management System
(CIMS)
Ministry of Civil
Defence and
Emergency
Management, New
Zealand
Establishes a framework of consistent principles,
structures, functions, processes and terminology that
agencies can apply in emergency response
South Africa Regulation
Major Hazard
Installation
Regulations, 1993
Occupational Health &
Safety, South African
Government
Describes how incidents and their consequences should
be dealt with, with special reference to emergency plans
etc,
11. Countr
y
BCM
Type
Name/
Number
Issuing
Authority
Key Expectations
Kuwait Regulation
Executive
Bylaws - Policies
& Procedures of
Licensed
Persons
Capital Market Authority
Kuwait
Listed organizations must be able to at a very minimum fulfill their legal
obligations in the event of an unexpected suspension of their business.
Policies, plans (and precautions) must be maintained with respect of
emergencies and the need to maintain business continuity. Such
precautions must be documented and periodically updated and tested
to ensure their effectiveness and continued relevance. Records related
to precautions pertaining to business continuity must be kept for five
years ideally.
Australia Guidelines
Australian
Financial
Markets
Association
Australia Financial
Markets Association
Members should anticipate situations that would cause their operations
to be disrupted, define a business continuity strategy, have a
supporting business continuity plan (BCP), and test this plan regularly.
Saudi Arabia Regulation
Rules for broking
companies and
stock exchange
participants
Capital Market Authority
Kingdom of Saudi
Arabia
Entities transacting on the Saudi stock exchange (Tadawul) cannot
have systems downtime of more then 45 minutes
USA Regulation
NYSE Rule
4370
(Business
Continuity
Plans and
Emergency
Contact
Information)
Financial Industry
Regulatory Authority
(FINRA)
Each member must create and maintain a written business
continuity plan identifying procedures relating to an emergency or
significant business disruption. The business continuity plan must
be made available promptly upon request to FINRA staff
CAPITAL MARKETS
12. HEALTHCARE
Country
BCM
Type
BCM Name
/Number
Issuing
Authority
Key expectations
USA Guidelines
Joint Commission
Accreditation Manual
for Hospitals (1997)
Joint Commission on
Accreditation of
Healthcare Organizations
(JCAHO)
Organizations must plan for the continuity of their
information management.
Hong Kong Circular
Business continuity
planning against
serious
communicable
diseases
Securities and Futures
Commission of Hong
Kong
Business continuity plans are to be prepared for cases
of unexpected market conditions and failures. This
section also directs to attention to business continuity
plan expectations by other regulators
USA Regulation
Health Insurance
Portability and
Accountability Act
United States Department
of Health and Human
Services
To ensure that health care service delivery players
across the full chain comply with strong security and
privacy standards to protect personal health
information (CIA). Failure to comply can result in
fines as well as criminal penalties (up to $250,000 and
up to 10 years in prison).
USA Regulation
Code of Federal
Regulations (CFR)
Title XXI, 1999
Food and Drug
Administration (FDA)
Organizations must update their BC measures to
ensure the availability of information
13. Country Regulation/standard Expectation from regulation
Issuing
authority/body
USA
Security Guideline for the
Electricity Sector
Facilities and functions critical to operations should be identified, to
support the operational continuity plans. Intention is to serve
customers with a reliable source of electric energy, ensure the
reliable operation of the energy grid and interconnection, and avoid
losses that would create a significant risk to public health and safety
The North American
Electric Reliability
Corporation (NERC)
Oman
SCADA and DCS Cyber-
Security Standards
Entities must implement incident response, business continuity and
disaster recovery plans, with special reference to SCADA/DCS
systems;
Oman Authority for
Electricity Regulation
UAE
Business Continuity
Management Regulations for
Drinking Water, Wastewater and
Electricity Services
To ensure entities in the water, wastewater, and electricity sectors in
the geography develop a Business Continuity Program and
Business Continuity Plans
The Regulation and
Supervision Bureau –
UAE
USA
Security Standards for
Electric Market Participants
Every participant operating a critical electric resource shall
have contingency plans that define roles, responsibilities and
actions for protecting the rest of the electric grid and market
from the failure of its own critical resources. Such plans shall
be tested or exercised regularly.
Federal Electric
Reliability Council’s
(FERC)
Order No. 650
Revisions to Oil Pipeline Regulations Pursuant to the Energy Policy
Act of 1992
FERC
ENERGY
14. Countr
y
BCM Type
BCM Name
/Number
Issuing Authority
USA
White Paper for
Strengthening the
Resilience of US
Financial System
FRB (Federal Reserve
Bank),OCC (Office of the
Comptroller of the
Currency). SEC (Securities
& Exchange Commission)
Rapid recovery and timely resumption of critical operations following a wide-
scale disruption or loss or inaccessibility of staff in at least one major operating
location. High level of confidence, via ongoing use or robust testing, that critical
internal and external continuity arrangements are effective and compatible.
Applicable also to service providers.
South Africa
Banks Act 2007
revision
South African Reserve
Bank
To provide for the regulation and supervision of the business of public
companies taking deposits from the public; and to provide for matters
connected therewith.
Global
The Joint Forum -
High-level principles for
business continuity
Bank for International
Settlements (Basel
Committee on Banking
Supervision)
7 High-level principles of Business Continuity to be adhered to, including
Board and senior management responsibility , Cross-border communications
and Business Continuity Management reviews by financial authorities
Switzerland SBFA EBK RS 06/3
Swiss Federal Banking
Commission (SFBC)
Specifies the determination of capital requirements for operational risk along
the three approach options and the related requirements.
Singapore
MCD 5/2003 - BCM
Guidelines
Monetary Authority of
Singapore (MAS)
Principles to be implemented for Business Continuity Planning in Banks
Australia
Prudential Standard
CPS 232 (Business
Continuity
Management)
Australian Prudential
Regulation Authority
(APRA)
Each APRA-regulated institution must implement a whole-of-business
approach to BCM. This Prudential Standard applies to all ‘APRA-
regulated institutions’, not general and life insurance entities, but also all
authorised deposit-taking institutions (ADIs), including foreign ADIs, and
non-operating holding companies authorised under the Banking Act
(authorised banking NOHCs)
BANKING & INSURANCE
15. Country Regulation/standard Key expectations Issuing authority/body
USA
Telecommunications Act of
1996, Section 256,
Coordination for
Interconnectivity
Requires the Federal Communications
Commission (FCC) to establish procedures
to oversee coordinated network planning by
carriers and other providers.
FCC - Federal Communications
Commission
CTIA Telecommunication
Industry BCM Standard and
certification
Adherence to a basic set of regulation in
natural disasters, tech issues
CTIA (Cellular Telecommunications
Industry Association )
Hellenic
Countries
Secrecy Assurance
Regulations for
Telecommunication Services
Regulatory framework for Organizations
providing telecom services to retail or
corporate clients
Hellenic Authority for Communication
Security and Privacy
USA
Comments to the U.S.-India
ICT Working Group on the
draft National
Telecommunications Policy
Suggestions for the growth and progress of
the Indian Telecom industry, including
business continuity
The Telecommunications Industry
Association (TIA), the U.S.-India
Business Council (USIBC) and the
Information Technology Industry Council
(ITI)
TELECOM
16. INFORMATION SECURITY
Country
BCM
Type
BCM Name
/Number
Issuing Authority Key expectations
USA
National
Standards
ANSI/ARMA 5‐2003
American National Standards
Institute
Sets the requirements for establishment of a Vital Records
Program. Encompasses the requirements for identifying and
protecting vital records, assessing and analyzing their
vulnerability, and determining the impact of their loss on the
organization.
USA Legislation
FISMA: Federal
Information Security
management Act of
2002
FTC (Federal Trade
Commission)
Details requirements to assess risk, determine levels of
security necessary to protect such information, and also
periodically test and evaluate information security controls
and techniques
Singapore Standard
Singapore Standard
for business continuity
management
(SS507:2004)
Standards Council of
Singapore
This Standard is applicable to all organisations regardless of
their size. This standard emphasises resilience and
protection of critical assets, human, environmental, intangible
and physical.
Germany Guidelines
BSI 100‐4
(Business Continuity
Management)
Federal Office for Information
Security, Germany
The goal of this standard is to point out a systematic method
for enabling fast reactions to emergencies and crises of all
types and origins that could lead to a disruption of business
operations. This focuses on the Availability aspect of
Information Security
Italy Legislation Law Decree No. 196 Italian government
Code on Personal Data and Sensitive Information
Protection
17. SUPPLY CHAIN
Country Regulation/standard Expectation from regulation
Issuing
authority/body
Japan
Business Continuity Guidelines
―Strategies and Responses for
Surviving Critical Incidents
Focus on the importance of including risks and
consideration of the supply chain, and the necessity
of a flexible business continuity strategy for handling
risks
Cabinet Office, Government
of Japan
USA
Continuity of Operations/Continuity
of Government for State-Level
Transportation Organizations
The Homeland Security Presidential Directive 20
(HSPD-20) requires all local, state, tribal and
territorial government agencies, and private sector
owners of critical infrastructure and key resources
(CI/KR) to create a Continuity of Operations Plan
(COOP). The Transportation Research Board offers
guidance for transportation organizations to comply
United States Department of
Transportation’s Research
and Innovative Technology
Administration
Singapore MAS Guidelines on Outsourcing
Guidelines on ensuring BC preparedness is not
compromised by outsourcing; taking steps to
evaluate and satisfy itself that interdependency
risk arising from the outsourcing arrangement
can be adequately mitigated; and assurance on
the functionality
Monetary Authority of
Singapore (MAS)
Singapore
Business Continuity Management
for Singapore’s Logistics Sector
Each organisation must established a BCM policy;
that is linked to organizational objectives and other
policies (including risk management); which has
been communicated to all employees and relevant
stakeholders.
Singapore Business
Federation and Singapore
Logistics Association
18. INDIA
Industr
y
BCM
Type
Issuing
Authority
Key expectations
Banking Regulation RBI
Banks should put in place necessary backup sites for their critical payment
systems. Bank Boards/Top Management should provide clear guidance and
direction in relation to BCP. The main responsibilities are approving policy on BCP,
prioritizing critical business functions, allocating sufficient resources, reviewing
test results
Aviation
Good
Practice
DGCA
Aviation entities should ensure preparedness for technical emergencies like safety
and security related issues, and non-technical emergencies like natural disaster,
structural disaster, public health emergencies.
Capital
Markets
Regulation
National Stock
Exchange of India
Stock exchanges to have a documented process / framework to ensure the
continuation and/or rapid recovery from failure or interruption of business and
Information Technology processes and systems
Insurance Regulation IRDA
Apart from the corporate governance guidelines, insurance companies must have
risk management committee to monitor and review updates on Business
Continuity. Insurance brokers need to include BCM plans in case they have any.
Also in case of outsourcing they should ensure that vendor have business
continuity
Capital
Markets
Regulation
Securities and
Exchange Board of
India (SEBI)
Exchanges should have a robust Business Continuity Plan (BCP) and Disaster
Recovery (DR), to ensure continuity of operations. The exchanges shall conduct
annual system audit as per the prescribed audit framework. The Systems Audit
Report and compliance status should be placed before the governing board of the
exchange and communicated to SEBI along with their comments.
19. THE HELP WE NEED FROM YOU
• Please let us know of any National/Industry specific BCM/IT DR
guidelines/standards that are being asked for currently in India –
mandatory/non-mandatory
• Please help highlight to Govt/Regulators/Industry bodies (IBA/CII/FICCI etc) the
need for BCM/IT DR to be mandatory
• Please help get BCM/IT DR into critical industries like Power, Energy, Telecom,
Aviation, Healthcare, Security Services, Municipalities etc
• Please help at least get BCM/IT DR be mandatory for all listed companies
• And any other ways you can think of….
20. PLEASE LET US KNOW HOW YOU
CAN TO HELP ENHANCE BCM
COMMITMENT IN INDIA
india@continuityandresilience.com
+91 78383 89017 /99580 91880
Thank You
Dhiraj Lal (+91 9910110240)
d.lal@continuityandresilience.com
21. Continuity & Resilience (CORE)
ISO 22301 CERTIFIED CONSULTING FIRM
Presentations by speakers at the
7th India Business & IT Resilience Summit
December 6, 2018 | Hyderabad, India
Our Contact Details:
UAE INDIA
Continuity and Resilience
Tel: +971 2 6594006
PO Box: 25722, Abu Dhabi,
United Arab Emirates
Website: www.coreconsulting.ae
Email: info@continuityandresilience.com
Continuity and Resilience
Level 15,Eros Corporate Tower
Nehru Place ,New Delhi-110019
Tel: +91 11 41055534 | Fax: ++91 11 41055535
Website: www.continuityandresilience.com
Email: info@continuityandresilience.com