Published
March 7, 2024
| Updated
August 12, 2026

How to avoid legislative issues in procurement

How to Avoid Legislative Issues in Procurement

Regulatory requirements reach procurement through supplier obligations, documentation, and record keeping, often before anyone updates the purchasing policy. This article looks at how to spot legislative risk early and turn compliance work into a repeatable part of the process.

Majdi Sleimen, COO of Tradogram
How to Avoid Legislative Issues in Procurement
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MOVING FROM RISK TO REWARD

Attempting to separate potential danger from potential opportunity is like trying to remove an egg yolk from the white using toothpicks: you can't do it without making scrambled eggs. This is a metaphor for any situation that offers a large reward - hazards are a natural accompaniment. The key is knowing the correct strategy to employ in order to reduce (or even eliminate) risk. Stop using the toothpicks and a repertoire of egg-based recipes could be at your disposal.

But this blog entry isn't about egg-based recipes. The following checklist outlines basic requirements for guaranteeing your company stays out of procurement trouble. Avoid legal challenges, employee mishaps, ethical blunders, and more. Procure with confidence.

THE SEVEN COMMANDMENTS OF PURCHASING SAFETY
  1. Ensure that your organization has a lawyer with expertise in procurement. This is a failsafe in the event of a worst-case-scenario.
  2. Establish a reasonable internal system of rules for your procurement department. Follow these rules. Don't leave any room for mistakes due to vague or unspoken expectations.
  3. All procurement documents should have a liability provision. Carefully consider a waiver of liability before implementation, as they are difficult to defend.
  4. Understand that many procurement risks are often associated more with brand than legal issues. Private sector standards, as opposed to public, are not given the same legal recognition in court. Minimize your chances of veering down this road. Protect your company - know your customer base and maintain a positive reputation. Be transparent.
  5. Be able to recognize the "Frankenstein Monster" of procurement documents: although common, they're highly risky, as they're drafted with cut-and-paste sections from various sources.
  6. Never assume that the procurement professionals in your company have any training or knowledge in procurement law. At the very least, employees should be aware of their shortcomings and know when to seek assistance.
  7. As much as possible, monitor the quality of materials throughout your supply chain to reduce the chances of getting caught in a confrontational issue such as child labour or conflict minerals.

If the procurement department in your organization is able to check off all these boxes, then congratulations, the bridge from risk to reward has been successfully crossed! Continue to monitor industry regulations for optimal purchasing safety. The management of risk is what determines its ultimate value.

Frequently Asked Questions

What legislative risks affect procurement?

The main exposures are competition and anti-bribery law, which govern how suppliers are selected and what may be offered or accepted; sanctions and trade controls, which restrict who you may transact with and what may cross borders; data protection obligations attached to supplier and personal information; sector-specific regulation in areas such as healthcare, public sector and food; and increasingly, obligations relating to labor and environmental practices within the supply chain. Most of these reach procurement through supplier obligations and documentation requirements rather than through rules addressed to purchasing directly.

How do you keep a procurement policy compliant as regulations change?

Assign ownership for reviewing the policy on a set schedule rather than updating it when something goes wrong, and make sure that owner receives whatever regulatory updates affect your sector. Establish a reasonable internal set of rules specific enough that nobody has to interpret vague guidance, then actually follow them, since a policy that is routinely bypassed is worse evidence than no policy. Where the organization operates across jurisdictions, confirm which rules apply where rather than assuming the strictest standard covers everything.

What records should you keep to demonstrate procurement compliance?

Keep evidence of how suppliers were selected, including the criteria applied and the comparison made, since selection is where competition and anti-bribery questions concentrate. Retain approvals with dates and the authority they were given under. Keep supplier due diligence documentation, including verification of identity, certifications and any screening performed. Keep contracts with their agreed terms and any variations. And keep the transaction chain linking request, approval, order, receipt and invoice. The test worth applying is whether someone unfamiliar with the purchase could reconstruct what happened and why.

Does an organization need procurement legal expertise?

Access to it, yes, though not necessarily in-house. Having a lawyer familiar with procurement available before a problem arises is the practical safeguard, because the situations where it matters most are those where a decision has already been made. Routine purchasing under standard terms rarely requires legal involvement. Higher-value contracts, unusual terms, international arrangements, public sector work and anything touching regulated categories generally do. The cost of a review before signing is consistently lower than the cost of arguing about the same terms afterwards.

Written by:

Majdi Sleimen, COO of Tradogram
Co-Founder & COO, Tradogram

Majdi Sleimen is the Co-Founder of Tradogram and a procurement expert with deep experience in source-to-pay processes and procurement optimization. He focuses on helping organizations streamline purchasing workflows, improve control over spend, and adopt more efficient procurement systems through technology-driven solutions.

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