Ensuring Contract Compliance: Risks, Rewards, & Strategies

Content

• What is contract compliance?
• What are the risks of non-compliance?
• How to ensure contract compliance
• Planning
• Implementation
• Measurement
• Improvement
• What are the best practices for contract compliance management?
• Conduct regular contract compliance audits
• Utilize contract obligation trackers
• Company-wide compliance review
• Create a contract compliance checklist
• Conclusion

Every party must adhere to certain standards and regulatory requirements during each stage of the contract lifecycle. These guidelines can range from industry regulations to applicable laws to company policies. That is why organizations must take a proactive approach to ensure they’re on the right side of all rules and regulations. For instance, when drafting contractual agreements under US law, specific provisions, language, or disclosures might be necessary to make them valid. 

In this ever-changing regulatory landscape, it might be an uphill battle for businesses with countless complex agreements with multiple parties to establish compliance. But with automated tools, artificial intelligence, and more, managing contracts is easier than ever before. We’ll give you a rundown of compliance reviews, risks, rewards, strategies, and tools to get you started. 

What is contract compliance?

Contract compliance means adhering to the terms and conditions outlined in a contract. All parties must fulfill their obligations, meet deadlines, and follow the agreed-upon processes and procedures. 

It is essential for maintaining the validity and enforceability of business agreements. By complying with the terms of a contract, organizations can minimize the risk of expensive lawsuits and penalties. Thus, businesses can build trust and strengthen relationships with vendors, customers, and employees. That is why contract compliance plays a vital role in ensuring the successful execution of contracts and achieving desired outcomes. Basically, it involves the following:

• Stick to the terms and conditions outlined in the contractual agreement.
• Delivering on promises and agreed-upon goods or services.
• Meeting deadlines for deliverables, payments, or documentation.
• Adherence to applicable laws and regulations.
  
  

What are the risks of non-compliance?

You need the contract lifecycle to go smoothly to make the most of your contractual relationships and increase the chances of renewal. That means you have all the essential elements, the parties stick to the terms and conditions, keep up with the regulations, and everyone carries out their obligations. If not, businesses would have to live with the following risks and repercussions: 

Legal consequences: Non-compliance with a contract can lead to legal disputes and the possibility of litigation. It can result in costly legal fees, fines, and damages.

Reputational damage: Failing to fulfill contractual obligations can damage the reputation of a business. Clients, partners, and stakeholders can lose trust, impacting future business opportunities.

Financial loss: Non-compliance can result in financial loss, such as missed payments or penalties for breach of contract. It can harm the overall financial health of a company.

How to ensure contract compliance

What compliance entails may differ depending on contract type, industry, or location. So, the first step in any contract compliance process is determining what it means in this specific scenario. Once you have a goal or objective, all that’s left to do is get it done. Furthermore, establishing compliance with an online contract management lifecycle is far simpler than keeping track of duties and regulations on paper files and drives.

1. Planning

The planning stage of the compliance process starts with creating a competent contract. It should include clear and precise terms and conditions that outline the rights and responsibilities of each party involved. It helps to avoid misunderstandings in the future and establish compliance.

Businesses can achieve that by maintaining a comprehensive contract template and clause library. It enables them to standardize the drafting process across the process. Thus, they can ensure concise terms in every legal agreement for effortless compliance. For instance, businesses can make penalties or consequences for non-compliance mandatory for contracts. Consequently, they can incentivize compliance and provide a mechanism for addressing breaches.

2. Implementation

The implementation stage involves successfully executing the terms and conditions outlined in the contractual agreement. Businesses can achieve that by developing automated workflows to route contracts to relevant approvers and reviewers for compliance checks. Most organizations don’t have contract or compliance managers to take up the tasks. In such cases, assigning roles and responsibilities can help instill accountability in the compliance process. Thus, businesses can easily involve external and internal stakeholders to manage contract compliance.

Implementation also involves ensuring all relevant stakeholders are on the same page regarding the terms and conditions of the contracts. Thus, businesses should clearly communicate and establish that everyone knows their roles and responsibilities. In these cases, version control can help guarantee involved parties have the latest version of the contract.

3. Measurement

Measuring contract compliance is essential to identifying areas of non-compliance and taking corrective action. Businesses can start by identifying the KPIs relevant to their needs. The contract should specify performance metrics that both parties agree to meet. It helps to measure compliance and ensure everyone is on the same page regarding their responsibilities.

Tracking performance metrics: These contract KPIs could include delivery timelines, quality standards, financial performance, or any other measurable criteria specified in the contract. They must clearly define these KPIs to ensure accurate measurement and evaluation. They can gather compliance data from various sources, including internal systems, external audits, or third-party reports. Next, they must analyze the data to identify trends, areas of non-compliance, and potential causes for deviations.

Monitor contractual obligations: Oversee the contractual obligations throughout the lifecycle to ensure compliance. This step helps identify gaps or discrepancies between the actual terms and deliverables or services. It provides a clear picture of the compliance status and helps prioritize improvement efforts.

4. Improvement

Finally, continuous improvement is essential to address any issues or gaps in compliance and make necessary adjustments to the contract or processes. It enables organizations to ensure contract compliance and mitigate risks.

They can do that by analyzing KPIs and compliance data to highlight areas for improvement. Dock's contract management software provides advanced analytics and reporting tools to assess performance metrics. Businesses can identify patterns and trends to make informed decisions in the future. They can regularly review vendors or suppliers to evaluate their compliance with contractual obligations. This feedback loop strengthens the overall contract compliance process.

Organizations must also compare their contract compliance performance with industry benchmarks or best practices to determine inefficiencies. Businesses can enhance overall efficiency and guarantee improved compliance through a results-driven approach and ongoing improvement initiatives.

What are the best practices for contract compliance management?

All parties involved in a contract fulfill their obligations and adhere to the agreed-upon terms. It reduces the risk of legal disputes and potential legal consequences. Establishing compliance empowers businesses to safeguard their interests and guarantee the benefits outlined in the legal agreement. The benefits are endless; hence, here are a few tips and strategies for effective contract compliance management: 

• Conduct regular contract compliance audits

These systematic evaluations ensure that all parties involved are meeting their obligations and adhering to the terms and conditions outlined in the contract. These audits help identify discrepancies or non-compliance issues, such as missed deadlines, unauthorized changes, or failure to deliver goods or services. It also helps to instill transparency in the entire contract management process. Thus, businesses can protect the interests of all parties involved and promote fair and ethical business practices.

• Utilize contract obligation trackers

Identifying and monitoring obligations is a key component of compliance management. All relevant parties must fulfill their duties throughout the lifecycle to avoid breach of contract and legal consequences. Managing terms and conditions can become somewhat daunting in light of the growing complexity and volume of contractual agreements.

Dock contract management software can help you overcome these challenges by automating obligation tracking. Our AI capabilities allow users to extract relevant clauses and terms from endless agreements within seconds. Businesses can set up alerts for obligations and deadlines to avoid non-compliance.  

• Company-wide compliance review

From sales to finance, every department has stakes in the contract management process. Conducting a company-wide contract compliance review ensures that all teams and employees follow the same guidelines and procedures. It helps to maintain consistency and avoid any misunderstandings or discrepancies.

Organizations can achieve that by incorporating departments into the lifecycle. Dock contract management software seamlessly integrates with ERP and CRM systems to provide a holistic view of the contract management process. Thus, sales, finance, and procurement teams can oversee contracts within the platform they’re working in. They have access to relevant contractual agreements to establish compliance.

• Create a contract compliance checklist

Businesses can use checklists as a guide to monitor and maintain contract compliance efficiently. It helps to guarantee they don’t overlook stipulations and regulations crucial to their business.

Legal Compliance: Compliance with contract law ensures contracts are valid, enforceable, and. For instance, contract formation must include a clear offer, acceptance, consideration, and the capacity to enter into a contract. Or that contracts must be in writing to be enforceable under specific state laws.

Industry Standards: Contracts may also need to meet industry-specific regulatory standards. Healthcare (HIPAA), finance, and telecommunications companies often have requirements for drafting and executing contracts. Contract compliance helps to ensure agreements align with industry best practices and comply with sector-specific regulations. Dock, built on Office 365, comes with Microsoft’s compliance offerings allow organizations to comply with sector-specific regulations.

Company Policies and Procedures: Companies may also have internal rules and regulations. These may include guidelines for contract approval, review, and monitoring processes. They also have specific requirements for contract terms, conditions, and dispute resolution mechanisms.

Contractual Obligations: These are responsibilities and duties that parties must legally fulfill under a contract. They include products or services, payments, and any other requirements outlined in the contract. 

Conclusion

Contract compliance means ensuring all legal agreements adhere to internal and external regulations and obligations. From drafting competent contracts to tracking obligations, businesses must take steps throughout the contract lifecycle to establish compliance. It allows organizations to maintain strong relationships with their partners and stakeholders while maximizing the value derived from contractual agreements.

Establishing compliance at all stages can be daunting for scaling organizations without automated tools and technology. Dock contract management software offers custom workflows, centralized repositories, and obligation tracking to streamline the compliance process.