FACT: An ISO 37001 Audit & Certification does not derail legal privilege

Recently I received a challenge from a prospective client that if their organization adopted ISO 37001, they may be reducing the protections offered by the attorney-client privilege, particularly in the United States, for communications about sensitive legal issues.

There was a view shared that by handing over access (to an auditing certification body) key parts of their anti-bribery management system that somehow the sharing waived privilege in those documents.  In fact, the allegation was that this would be a major reason not to engage a certification process.

These concerns are misplaced. In fact, ISO 37001, properly implemented, should enhance an organisation’s ability to protect its attorney-client privileged documents. 

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