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The conversation with the regulator that you think you're having

A regulator does not ask questions to be convinced. It asks questions to check whether what you say matches what happens, and whether what happens matches what was previously committed to. That is a different relationship than with most other stakeholders. A regulator does not have to form an opinion about your organization; it has to substantiate a judgment about compliance. That changes what a structured conversation means.

What you actually want to know

The question that is usually asked internally is: what does the regulator expect from us. That is not the question that drives the conversation. The question that drives the conversation is: what picture has the regulator already formed, based on which earlier statements, reports or incidents, and where does that picture diverge from the picture your organization itself has of its own file. That divergence is what the conversation is actually about in practice, even if the agenda states something else.

To see that divergence, you must first record what your own management thinks is in place. Not what the compliance department knows, but what the people conducting the conversation actually think the state of affairs is. That internal picture is more often incomplete than expected, not because something is being hidden, but because commitments from earlier conversations do not always carry through into day-to-day execution.

Why the conversation goes differently than expected

Organizations prepare for the big question: the file, the incident, the measure that draws attention. Regulators often ask about something smaller first. A commitment from a previous conversation, an action item that was noted, a date that was mentioned. When that small point has not been fulfilled or can no longer be found, the conversation shifts. Not because the topic is heavy, but because it gives a signal about how your organization deals with what it has said itself.

This is the reason a small missed commitment costs more than a large investment that is not made. An investment that fails to materialize is a choice that can be explained. A commitment that is not fulfilled is an inconsistency that cannot be explained without confirming the regulator's impression that there is a gap between what is said and what is done. Anyone who wants to break that pattern needs something that keeps track of commitments independent of who conducted the conversation or which department was responsible.

What a structured inquiry yields

A structured conversation does not begin with the regulator, but with the question of what your own organization thinks it has committed to, when, and to whom. That internal inquiry records what management expects is at play. Next, a second layer is needed: what was actually said and recorded in earlier correspondence or minutes. The difference between those two — what one thinks was said and what was actually recorded — is often larger than expected, and is precisely the point a regulator looks at first.

This approach does not produce a statement about what the regulator thinks of your organization. We do not know that, and we cannot measure it before the regulator says so itself. What can be structured is the internal picture and the trail of commitments attached to it. That is a different question than how you measure that picture without asking those who are already positive, but the two questions touch each other: an organization that does not track its own commitments also does not properly know what it has told other stakeholders.

The relationship with other stakeholders

A regulator does not operate in isolation. What was said to a trade association can come back in a supervisory conversation as a reference point, and the same applies to statements made to financiers or media. Anyone who wants to be prepared for a supervisory conversation would therefore do well to know how that conversation relates to how you conduct a structured conversation with financiers, to how you conduct a structured conversation with the trade association, and to how you conduct a structured conversation with media. A commitment made to one party and contradicted toward another is one of the fastest ways to confirm the impression of inconsistency that regulators already suspect as soon as something goes wrong.

This is also why the underlying difference between internal picture and external picture is a recurring theme; anyone who wants to understand where that difference comes from can read further about why your picture diverges from that of your stakeholders.

Where this leads

The Trust Baseline that we build places the internal picture and the external picture side by side, and then follows up with a commitment tracker on whether commitments are being fulfilled, at a rhythm that picks up signals before they escalate into a file. For the conversation with regulators, that tracker is especially relevant: not because it guarantees that a regulator is satisfied, but because it makes visible whether your organization itself knows what it has said. This part of the instrument is under construction. Anyone who wants to use this once it becomes available can sign up for the waiting list.

Recording commitments and maintaining a conversation history is work that largely consists of organizing text, dates and responsibilities — precisely the type of task of which a portion can be systematically transferred. The werkscan of FTE TO AI calculates per task which portion of the work can be taken over by AI, giving a concrete picture of where that transfer can begin within your own stakeholder process.

Rachaelde assistent van de Trust Baseline

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Answers come from this site’s knowledge base. Not tailored advice, and not a scan of your company.