This article appeared in Cybersecurity Law & Strategy, an ALM publication for privacy and security professionals, Chief Information Security Officers, Chief Information Officers, Chief Technology Officers, Corporate Counsel, Internet and Tech Practitioners, In-House Counsel. Visit the website to learn more.

In recent months, the U.S. Department of Justice (DOJ) has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct. By its terms, data analytics is the process of analyzing raw data in order to discover useful information to inform conclusions and decision-making. The DOJ has increasingly used data analytics to identify potential wrongdoing and has recently sent the message that it expects companies to follow suit and incorporate data analytics in their compliance programs. In June 2020, the Criminal Division of the DOJ issued revised guidance about how it will evaluate corporate compliance programs, and it included specific references to the use of data analytics.

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