Comment pouvez-vous utiliser une stratégie de transfert des risques pour minimiser l’impact des risques potentiels?

Risk transfer is a way to respond to a specific risk by transferring it from one party to another, usually in exchange for compensation. It is commonly used in financial services to manage risks that are difficult to mitigate or avoid, but it also exists in a personal context. Insurance is an intuitive form of risk transfer. Insurers take on risks from customers in return for a premium. For instance, the likelihood of a house fire may be low. However, the financial consequences could be dire if it were to occur. By paying a premium, an individual can transfer the financial risk to an insurer. While this doesn’t reduce the likelihood of a fire, it mitigates its impact if it happens.

Among the frequent cases of risk transfer we find the use of labor subcontracting companies, especially for the recruitment of low-skilled employees. This practice is prohibited by international law but it is adopted in several countries by large companies which achieve significant levels of profit. The objective is to reduce personnel costs.

Also,I want to add that Risk transfer serves as a strategic method for managing risks that an organization may find challenging to avoid, mitigate, or fully accept. This approach involves the deliberate transfer of ownership or liability for a risk to a party that is both willing and capable of effectively handling it. A practical illustration of risk transfer is obtaining insurance coverage to mitigate the financial impact of property damage or outsourcing specific project tasks to a reliable vendor to mitigate the risk of delays. It's important to note that risk transfer does not eliminate the underlying risk itself; rather, it redistributes or shares the burden of that risk. By doing so, it effectively reduces an organization's exposure

The risk transfer strategy is one of the ways of managing risk. This strategy is often used. For example, accidents risk are transferred to an insurance company to take care of this risk.

Better to refer to risk sharing as reflected in ISO 31000. 1. The board of directors is accountable for the organisation - regardless of the fact that some activities on behalf of the company may be outsourced. There is no transfer of accountability and therefore risk that well considered objectives not be achieved. Who of you can remember who the manufacturer of the faulty seatbelt was - we all remember the motor manufacturer hat had to recall heir models... Contractual agreement do not adequately treat the risk to the manufacturer. 2. We prefer to refer to risk financing in the case of insurance. Insurance companies are for profit. The more you claim the higher the insurance premium - if you get insurance. Share the pain.

There are various reasons why risk transfers may be used. Other contributors have mentioned regulatory compliance and financial aspects. What is clear is that corporations, banks, and individuals all have complex motivations. To use an everyday example, AppleCare – the extended warranty and technical support plan for Apple products – demonstrates how risk management decision-making often goes beyond mere financial calculations. While, at the sight of it, AppleCare might “not be worth it” financially, other dimensions of risks may lead individuals to opt in. One such factor is the psychological comfort of knowing you’re protected against unforeseen tech failures or accidents. Another is the convenience of managing any repairs.

In some cases, transferring risk is not an option, but an obligation. For example , a regulator may require entities to transfer risk i.e. specific activities of a financial institution to be either insured or hedged.

I want to highlight that by employing risk transfer effectively, you can safeguard your assets, reputation, and cash flow from the impact of unforeseen losses or disruptions, providing a crucial layer of security. It enables you to share both the costs and potential benefits of risks with parties that possess greater expertise, resources, or influence, fostering collaboration and efficiency. Moreover, risk transfer allows you to focus on your core competencies and strategic objectives, streamlining decision-making and resource allocation. Additionally, it enhances your competitive advantage by leveraging the capabilities and opportunities presented by your partners or suppliers, strengthening your position in the marketplace.

Contract provisions are nothing but rationalisation of Risks. Employer transfers the risk to contractor through formulation of contract conditions. But all such transfer of risk also adds cost to our project. Therefore, firstly all risks need to be identified and impact analysis also required to be done. Cost benefit analysis is also one critical step to formulate risk transfer strategy.

Risk transfer tools are used to offload potential financial hazards, ensuring stability and financial health. Examples include: Insurance: A business might insure against natural disasters, ensuring recovery costs are covered. Hedging: An airline might hedge against fuel price volatility to stabilize expenses. Derivative Contracts: Investors might use options or futures to guard against market price swings. Power Purchase Agreements (PPAs): Solar developers could secure a fixed price for their energy output, ensuring steady revenues. Performance Bonds: Contractors might provide these to assure project completion as promised.

To effectively deploy risk transfer strategies for credit risk, let's consider a fictitious large Swedish export deal to a UAE-based importer. In a complex international trade deal, the exporter may decide to transfer most of its credit risk to the Swedish Export Credit Agency (EKN). First, the exporter assesses its client’s creditworthiness and geopolitical risks. Next, it collaborates with EKN to obtain an export credit guarantee to mitigate the loss if its client defaults. The parties review and agree on the guarantee’s terms, scope, and duration. A cost-benefit analysis is conducted to assess the premium level. Lastly, the parties establish a framework for ongoing risk monitoring, including payment tracking and compliance checks.

It’s also important to determine level of self insurance which can be borne by self for two reasons 1) admin cost of lodging and pursuing small value claims can be disproportionate to amount claimed and 2) higher the self insurance amount lower the premium on balance risk transferred.

Always consider time and evolution. You use risk transfer (or insurance) today for a risk that will happen once within 20 years. At today's cost, it might be beneficial to you but next year, the cost most likely will rise (as every subscription). Especially now when there is inflation and when times are uncertain and out of usual probabilities (wars, climate change, inflation). Then you have to rethink your risk transfer considering these future costs. Usually if you risk transfer something for 20 years, you should be insured every year and skipping one year just increase the odd of losing on both side of your risk (paying 19 years but having your accident the one year you have not paid)

After having concluded an insurance contract to cover a specific risk, insurers could in turn obtain insurance from reinsurers. This operation represents an important point in transferring risks to another specialized company. The transfer sometimes takes place up to a fourth level. In the event of bad risk, insurance companies generally revise their rates upwards in a second step to take into account the quality of the risk in order to “protect” their profitability.

Start by identifying the risks you want to transfer. These could be risks associated with your personal life, your business, or your investments. Consider both the likelihood and potential impact of each risk. Familiarize yourself with the various risk transfer mechanisms available, such as insurance, contracts, derivatives, outsourcing, and others. Each mechanism has its own advantages and limitations, so understanding how they work is crucial. This will then be followed by evaluating the cost and benefits and consultation with an expert. Once these steps have been taken then you are ready to make your decision, whether or not to transfer the risk.

Based on my experience, Risk transfer presents numerous advantages to organizations, serving as a strategic tool for effective risk management. By embracing risk transfer, you unlock several benefits, including: 1. Risk Reduction 2. Enhanced Efficiency 3. It increases your organizational 4.flexibility and adaptability by outsourcing tasks that may not not align with your strengths or immediate priorities. 4. Strengthened Relationships 5.Risk and Reward Sharing In essence, risk transfer empowers organizations to optimize their operations, minimize vulnerabilities, and harness the strengths of their partners or suppliers. It embodies a strategic approach that contributes to overall resilience, growth, and long-term success.

It is important to get into details and understand what risks are actually being transferred. E.g. cyber insurance policy typically covers only the cost of restitution of systems and data, cost of managing reputation impact and at times cost of ransom. But typically it does not cover consequential loss like siphoning of funds out. These typically require a separate cyber crime cover. The obligations imposed by such policies also need to be understood and incorporated in SOPs. E.g. there could be a requirement to report a data breach within x hours of it coming to notice. This is true for all types of insurance.

Another benefit to the transferring of risk is financial. Engaging with a subject matter expert for a specific task not only saves time but also money as the job will be done properly, the first time.

The key benefit of risk transfer is to transfer it to a specialist who has expertise in managing this risk. Specialist contractors, Insurance companies, for example, have expertise in assessing and managing specific risks, making them well-suited to handle claims and losses efficiently. The second benefit of risk transfer is financial protection. It helps individuals and businesses safeguard their assets and financial well-being by shifting the financial burden of certain risks to other parties, such as insurance companies or contractual partners.

The article outlines the tangible benefits of risk transfer, like reduced financial and operational risks. An underexplored advantage is the expertise that insurers and their risk management partners bring to the table. Consider the concept of "Risk Management Bursaries," where insurers could provide not just insurance but also seed funding for specialized risk management training or innovation within your company. This aligns with insurers' interests to minimize claims and offers businesses educational opportunities they might not otherwise afford. Thus, a risk transfer strategy could become not just a protective measure, but an avenue for organizational learning and capability enhancement.

Risk transfer strategy has limitations. It incurs extra costs & provides limited coverage. E.g., in indemnity clauses, used as risk transfer tools, following considerations should be perused: 1. Proportionality: Indemnity should match your fault to avoid unwarranted liability. 2. Scope: Indemnity shouldn't exceed third-party claims to prevent liability for first-party damages. 3. Insurance Coverage: Indemnity should be insurable. Risks beyond standard policies might require self-defense and out-of-pocket expenses. 4. Reciprocity: Indemnity should be reciprocal for protections from the other party's liabilities. 5. Defense Obligation: Caution is advised with the term "defend" in indemnification provisions as it can lead to premature costs.

Costs: The risk transfer premiums may not be worth it. For example, for a small tech start-up, the high premiums for cyber liability insurance might not outweigh the perceived benefits. Moral hazard: Transferring risks may lead to a false sense of security and poor risk management practices. Introduction of new risks: Risk transfers may alleviate certain risks but can concurrently introduce new ones. Revisiting the home insurance example: while the financial risk is transferred, it introduces credit risk on the insurer. Increased complexity: Additional layers of complexity are added as new counterparts and risks are introduced. For example, a requirement to assess the creditworthiness of the parties to which you’ve transferred risk.

It's important to acknowledge that it's not a one-size-fits-all solution and comes with certain limitations and considerations: 1.Risk transfer can increase dependency on partners or suppliers, who may not always perform as expected or may have divergent interests or objectives. 2.It may result in a loss of control and visibility over the risk management process and outcomes, which can be a concern for some organizations. 3.Risk transfer often incurs additional costs and fees, such as insurance premiums, commissions, or potential penalties in the event of claims. As such,organizations should carefully evaluate each risk situation, considering the trade-offs between risk transfer and other risk management strategies.

Risk transfers are limited by the principle of 'the risk should be owned by the group most equipped to manage it', versus the group that is most convenient. Often, risk transfer seems like a convenient way to address a risk, but instead ends up moving the risk to a party ill equipped to manage it, resulting in the potential for loss. An example is a client engaging with a contractor to build a large capital asset under an "LSTK" (lump sum turnkey) contract. The contractor assumes the execution risk; if, however, the contract is not properly equipped to manage the risk of the LSTK contract, the owner of the asset will ultimately still be exposed to it, despite 'moving' the risk to the counterparty. Simply moving risk does not eliminate it.

The transfer of risk could be achieved particularly by concluding an insurance contract. The objective of my contribution is to highlight the importance of the annual (sometimes periodic) update of the levels of insured capital subject to the risk covered. Risk managers sometimes forget this point and do not intentionally update it if the level of the amounts settled is significant.

Costs: Conduct a cost-benefit analysis. Alternative arrangements, like captives, partial risk retention, or establishing internal financial reserves, can be considered. Moral hazard: Establish a comprehensive enterprise risk management framework and promote a sound risk culture. Introduction of new risks: Conduct a holistic risk assessment with assistance of the relevant subject matter expert and consider secondary risks that are introduced before completing the risk transfer. Increased complexity: Continuously evaluate the organisation’s risk management infrastructure, including internal competency, software, and third parties. Consider seeking external advice to understand and manage the added complexity.

By diligently implementing these strategies, organizations can enhance the effectiveness of their risk transfer efforts, minimize potential pitfalls, and ensure that risk management aligns seamlessly with broader objectives and risk tolerances.

In reference to my experience, I recommend planning a visit by the insurer to the company and the establishment by him of a diagnosis and a visit report to study the risks covered by the contract. Sometimes insurers neglect this point, especially if they are already in a contractual relationship with the company. For large companies, it is sometimes appropriate to recruit experts specialized in the field of insurance to better control risks. In addition, companies have the possibility of consulting external experts from the risk study phase to refine the insurance contracts to be developed.

Conduct due diligence on partners and suppliers: Before entering into any risk transfer arrangement, it is important to conduct due diligence on the other party. This includes checking their financial stability, reputation, and experience in managing the type of risk you are transferring.

Apply the original principle on which risk transfer was build the implementation of "good will" and "the many carry the risk for the few"

Choosing the right advisor for risk transfers is crucial. Audit firms tend to take a structured, regulatory-focused, and compliance-driven approach but may lack specific insights into risk management. Large global consulting firms offer a balance between regulatory compliance and strategic considerations and can deploy vast resources. However, they may lack agility, customisation, and localised subject matter expertise. Boutique consulting firms can offer tailored, highly specialised risk management solutions. They are agile and adaptive and may offer innovative strategies grounded in real-world experience, although they may lack the broad resources of larger firms. Your best choice comes down to your organisation's unique needs.

Generally, insurance companies do not have an excellent brand image and there is a lack of trust with their customers who consider that insurers' prices are not transparent and that insurers mainly look out for their interests. This situation could result in a tense climate, unnecessary discussions and loss of time when seeking compensation for a possible loss covered by insurance.

Risk transfer is considered to be the most effective risk response as it transfers the risks to a third party. However, there are 2 main considerations in choosing this response - a) cost b) benefits. The important aspect is to conduct a comprehensive due diligence and cost benefit analysis of available options and decide if risk transfer is something that an organization would like to explore. The only downside of this strategy is that the organizations don't have much visibility on how third parties are managing the risks and hence trust becomes utmost essential in such kind of relationships, especially where there are no regulatory framework to guide such a relationship.

Risk transfer is a tool to limit downside exposure in volatile scenarios. However, for a thriving market and true alignment among parties, it's essential to operate as if the risk remains present. By acting as though still exposed, proactive decision-making is encouraged, maintaining the genuine intent of the market, fostering both protection and growth for the market as a whole.

Sphere of business It is crucially important to understand with what sphere or business you deal with and where you want to apply the risk transfer. Knowing the answer to that question will allow you to use the right risk transfer strategy which would be different, for example, to the bank, hospital, university, MNEs etc.