EU regulation,entrepreneurship, and the dark side
Posted by: Jack (while traveling in the EU)
A colleague recently remarked about how difficult it was to do things according to the letter and spirit of the regulations in the EU. I suspect many are in violation of the letter of the law, but this friend wants to do it right from the get go -- encrypted data, locked down access, corporate defined and delivered machines. Of course, there's a lot of push-back from the business, because they have a much more entrepreneurial approach. So did the traders at Enron, and the result was that the guys who signed the checks went to jail. (OK - their comeuppance was for a lot more illegal accounting shenanigans that had little to do with the ruthless approach the traders took to the energy market, but don't think that the latter factor in).
Now add to that the recent Bear Sterns situation and the propensity for the US to take a stronger regulatory view --- well, entrepreneurship may be going out of fashion.
Culturally, this trend may be easy for an EU-er to comprehend, but I'll bet in the US it will be hard to adapt, and even more so for the Asian sphere. The implications for global commerce are enormous, especially given the mobility of workers, and the mobility of company ownership. The impact on IT cost structure could, ostensibly, put a non-conforming company on a better cost standing than a conforming one.
My guess is this is one of those areas where companies will test how much they can get away with, pay the fines if necessary, and move on -- all in the spirit of competitiveness, cost, and complexity. But it's a fine line from that into jail-time for leading an organization that doesn't comply with the spirit, if not the letter, of the law. And in a down-turn economy, regulators may just turn a blind eye (not unlike US aircraft inspectors)...until a public embarrassment takes place; then heads roll....
It's the dark side of the global economy.....