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Integrating value modeling and legal risk management: an IT case study

Author

Listed:
  • Robert Muthuri

    (Anjarwalla & Khanna LLP - ALN House)

  • Sara Capecchi

    (University of Turin)

  • Emilio Sulis

    (University of Turin)

  • Ilaria Angela Amantea

    (University of Turin)

  • Guido Boella

    (University of Turin)

Abstract

Companies need to be able to demonstrate compliance with rules and regulations, especially start-ups who typically do not have the legal expertise to identify, assess and address legal risks of initial business ideas, nor do they have the resources to hire such expertise. Tools could help them identify and deal with legal risk at an early stage. Existing research in BPM focuses on compliance verification of a consolidated business model by checking the ability of a company to comply with the standards. The challenge is to apply a ‘continuous improvement’ by steering the business on values. Moreover, legal choices typically sit at the strategic level, and not only at the operational level. In this paper, we therefore propose an approach to handle legal risks as part of business model development. The approach makes use of Continuous Business Model Planning method, a value-driven modeling approach for strategic planning, and legal argumentation. The suitability and potential usefulness of the approach is illustrated by a study of the Kenyan court case Lipisha & BitPesa vs. Safaricom.

Suggested Citation

  • Robert Muthuri & Sara Capecchi & Emilio Sulis & Ilaria Angela Amantea & Guido Boella, 2022. "Integrating value modeling and legal risk management: an IT case study," Information Systems and e-Business Management, Springer, vol. 20(1), pages 27-55, March.
    • Handle: RePEc:spr:infsem:v:20:y:2022:i:1:d:10.1007_s10257-021-00543-2
    DOI: 10.1007/s10257-021-00543-2
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    References listed on IDEAS

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    1. Ben Roelens & Geert Poels, 2015. "The Development and Experimental Evaluation of a Focused Business Model Representation," Business & Information Systems Engineering: The International Journal of WIRTSCHAFTSINFORMATIK, Springer;Gesellschaft für Informatik e.V. (GI), vol. 57(1), pages 61-71, February.
    2. Mustafa Hashmi & Guido Governatori & Moe Thandar Wynn, 2016. "Normative requirements for regulatory compliance: An abstract formal framework," Information Systems Frontiers, Springer, vol. 18(3), pages 429-455, June.
    3. Michael Naylor, 2017. "The Impact of Disruptive Technology," Palgrave Studies in Financial Services Technology, in: Insurance Transformed, chapter 0, pages 47-92, Palgrave Macmillan.
    4. James Mohun & Alex Roberts, 2020. "Cracking the code: Rulemaking for humans and machines," OECD Working Papers on Public Governance 42, OECD Publishing.
    5. Vera Kartseva & Joris Hulstijn & Jaap Gordijn & Yao-Hua Tan, 2010. "Control patterns in a health-care network," European Journal of Information Systems, Taylor & Francis Journals, vol. 19(3), pages 320-343, June.
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