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Qualification - OTHM Level 7 Diploma In Strategic Management And Leadership

Unit Name - Business law, Ethics and Corporate Social Responsibility

Unit Reference Number - T/507/2624

Unit Level - Level 7

Unit Number - Unit 08

Assignment Title - Business law, Ethics and Corporate Social Responsibility

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Unit Credit - Credit 15

Learning Outcome 1: Critically discuss the impacts of global integration on organisations.

Answer 1: Global integration profoundly impacts organizations, presenting both significant opportunities and formidable challenges. On the opportunity side, businesses gain access to vastly expanded markets, enabling increased sales, revenue growth, and the ability to diversify customer bases, thereby reducing reliance on any single domestic market. This also facilitates cost efficiencies through economies of scale, access to lower production costs and affordable labor in different regions, and optimized global supply chains. Furthermore, global integration fosters innovation and technology transfer, as exposure to diverse markets, ideas, and talent pools sparks new product development, service improvements, and process optimizations. Organizations can also leverage a diverse global talent pool, enhancing creativity and problem-solving capabilities while scaling teams based on project needs.

However, these benefits come with substantial challenges. Companies face heightened competition from both local players and other multinational corporations, requiring continuous innovation and differentiation. Navigating complex and often varying legal and regulatory frameworks across different countries is a significant hurdle, demanding robust compliance strategies. Cultural differences present considerable challenges in marketing, communication, and managing diverse workforces, necessitating cultural awareness, sensitivity, and adapted strategies. Financial risks, such as currency fluctuations and economic volatility in different regions, can impact profitability and require sophisticated financial management. Geopolitical complexities, including trade wars, protectionist policies, and political instability, can disrupt interconnected operations and supply chains. Finally, the internal organizational changes required for global integration, such as adapting structures, systems, and leadership styles to a global mindset, can be complex and often face resistance, highlighting the critical need for effective change management.

Learning Outcome 2: Critically discuss the socio-cultural, ethical and moral issues that affect organisations in the current economic environment.

Answer 2: In the current economic environment, organisations face a complex array of socio-cultural, ethical, and moral issues that significantly influence their operations and reputation. Globalisation and cultural diversity demand that businesses be sensitive to different social norms, values, and communication styles, making inclusive practices essential. Ethical concerns, such as fair labour practices, environmental sustainability, data privacy, and transparent governance, have become more prominent as stakeholders increasingly expect organisations to act responsibly. Moral issues, including income inequality, exploitation of vulnerable communities, and the prioritisation of profit over people, challenge businesses to balance profitability with social good. Companies that ignore these issues risk reputational damage, legal consequences, and a loss of consumer trust, while those that embrace ethical and culturally aware strategies are more likely to build long-term resilience and stakeholder loyalty.

Learning Outcome 3: Analyse the role of corporate governance in organisations.

Answer 3: Corporate governance plays a multifaceted and crucial role in the effective functioning and long-term success of organizations. At its core, it establishes the system of rules, practices, and processes by which a company is directed and controlled, balancing the interests of various stakeholders including shareholders, management, employees, customers, suppliers, and the broader community. Key principles underpinning good governance include transparency, accountability, fairness, responsibility, and risk management. By clearly defining roles and responsibilities of the board of directors and management, and fostering a culture of integrity and ethical conduct, corporate governance ensures that decisions are made in the best interests of the organization and its stakeholders. This leads to enhanced investor confidence, improved access to capital, and a stronger reputation in the market. Furthermore, robust governance frameworks help in identifying and mitigating financial, operational, legal, and reputational risks, promoting financial reporting accuracy, ensuring regulatory compliance, and fostering sustainable growth. Ultimately, effective corporate governance is vital for preventing corporate scandals, building trust, and driving overall organizational efficiency and performance.

Learning Outcome 4: Critically discuss Consumer Protection laws.

Answer 4: Consumer Protection laws are a critical framework designed to safeguard the rights and interests of consumers in the marketplace, aiming to create a more balanced relationship between buyers and sellers. Globally, these laws are founded on principles such as the right to safety, the right to be informed, the right to choose, the right to be heard, the right to seek redressal, and the right to consumer education. They address issues ranging from product quality and safety to fair advertising, pricing practices, and data privacy. For instance, laws often mandate clear and accurate product information, prohibit misleading advertisements and unfair trade practices (like price gouging or hidden fees), and ensure mechanisms for consumers to seek compensation for defective products or deficient services. The impact on organizations is substantial: businesses are compelled to uphold ethical standards, ensure product safety, invest in quality control, provide transparent information, and establish robust customer service and dispute resolution mechanisms. Non-compliance can lead to severe penalties, including fines, legal action, product recalls, and significant reputational damage. While these laws can increase operational costs for businesses due to compliance requirements (e.g., labeling, testing, training), they also foster consumer trust and confidence, which can ultimately lead to stronger customer loyalty and a more stable marketplace. In India, the Consumer Protection Act, 2019, replaced the 1986 Act, strengthening consumer rights by introducing new provisions like product liability, e-commerce regulations, and the establishment of the Central Consumer Protection Authority (CCPA) to address violations and misleading advertisements proactively.

Learning Outcome 5: Critically analyse regulations related to trading online.

Answer 5: Regulations related to online trading, particularly in financial markets, are crucial for maintaining market integrity, ensuring investor protection, and preventing illicit activities. In India, the Securities and Exchange Board of India (SEBI) is the primary regulator for online stock and commodity trading. These regulations aim to achieve transparency, fairness, and stability in an increasingly digitized and fast-paced environment. Key aspects include stringent Know Your Customer (KYC) norms to prevent fraud and money laundering, mandating unique client codes for all transactions, and requiring brokers to segregate client funds. SEBI has also introduced measures to curb excessive speculation, such as increased contract sizes for derivatives, rationalization of weekly expiries, and higher risk margins, especially for options, to protect retail investors who often incur significant losses in volatile segments.However, regulating online trading presents unique challenges. The sheer volume and speed of transactions, often driven by algorithmic and high-frequency trading (HFT), make real-time surveillance and identification of manipulative practices difficult. Recent cases, like SEBI's action against Jane Street for alleged market manipulation, highlight the complexity of detecting sophisticated schemes that exploit market dynamics across multiple segments. Furthermore, the global nature of online trading means regulators must contend with cross-border issues, jurisdictional complexities, and the potential for regulatory arbitrage. The constant evolution of trading technologies and the emergence of new asset classes, like cryptocurrencies, continually test existing regulatory frameworks. Striking a balance between fostering innovation and ensuring robust investor protection remains a persistent challenge, requiring regulators to be agile and adaptive in their approach to online trading.

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Aim: This unit provides the learners with an understanding of the effect of legislation, ethics, and global integration on decisions, corporate governance, policies, processes and activities undertaken by organisations. Global integration demands wider understanding and ensures good corporate governance, corporate governance is concerned with the arrangements for the management of an organisation and the regulation of the relationships between the organisation's different stakeholders. Organisations have to be concerned with the legal, regulatory, ethical, moral, cultural and environmental dimensions of their activities and the effects that these activities have on others where, aim of this unit is also to offer the learners' thorough knowledge on all of these aspects.

Seeking assistance with Supply Chain and Operations Management: Unit 6 - Supply Chain and Operations Management for OTHM Level 7 Diploma in Strategic Management and Leadership.

Assessment

» International business environment - PESTLE (political, economic, social, technical, legal, environmental) analysis; market size; economies of scale;

» Multinational corporations: transnational corporations; international institutions - World Trade Organization (WTO), World Bank, International Monetary Fund (IMF), Organisation for Economic Co-operation and Development (OECD), the Group of Twenty (G-20);

» Global financial stability: capital investment; emerging economies (tiger economies, BRIC economies); European Union (EU); corporate values; corporate social responsibility; fair trade; transfer pricing;

» outsourcing; developing world production; human rights; child labour; intellectual property (copyrights, trademarks, patents); corruption; pariah states; piracy; counterfeiting; hegemony; cultural imperialism; cultural factors.

» Social, cultural, ethical and moral issues: equal opportunities, diversity; disability; discrimination; racism; harassment; bullying; whistleblowing; privacy; confidentiality (up-to-date legislation covering these issues must be used); workforce profiling; dignity in the workplace; multi- culturalism, stereotyping; labelling; prejudice, glass ceilings; human rights; Citizen's Charter, moral imperatives; value rigidity; empowerment; management styles; work-life balance; childcare provision; professional development; employee participation; ethical standards in business activities (finance, human resources, marketing, dealing with stakeholders); affirmative action; codes of practice; organisational policies; staff training.

» Corporate governance: nature, purposes (direction, oversight, accountability); board responsibilities; transparency; disclosure; objectivity; integrity; ethical behaviour; organisational culture; stakeholders' interests; principal/agent; governance controls (internal, external); best governance practice

Assistance with Global Business Environment Analysis: Evaluating pivotal factors and discerning strategic complexities inherent in operating within a global context.

» Regulatory requirements: Cadbury report; Rutteman guidance; Greenbury report; Hampel report; Turnbull report; Higgs report; Smith report; Companies Acts (2004, 2006); the 8th Company Law Directive of the European Union (2006), Sarbanes Oxley Act (2002, US) - impact on domestic business; UK;

» Corporate Governance Code: stock exchange listing requirements; incorporation of legal and regulatory requirements into organisational policies, practice and procedures.

» Environmental laws, issues: ecological and anthropocentric world views; climate change e g. Kyoto Protocol, Rio Earth Summit; carbon emissions; biodiversity; environmental degradation; conservation; overpopulation; genetic engineering; resource use; resource depletion; waste; pollution; externalities, public goods, free goods; green accounting; balanced mandatory cards; corporate responsibilities; health and safety at work; accident prevention; employment contract; employer's duty of care; occupational health

» Environmental legislation: EU legislation; UK legislation; environmental protection (air, environmental permitting, land, waste, water, chemicals); noise and nuisance; climate change; energy conservation (the most up-to-date legislation covering these issues must be used)

» Consumer protection in the United Kingdom: Consumer Credit Act 1974; Unfair Contract Terms Act 1977; Sale of Goods Act 1979; Unfair Terms in Consumer Contract Regulations 1999; Office of Fair Trading; Trading Standards; Competition Commission; English contract law; Consumer Protection from Unfair Trading Regulations 2008; Control of Misleading Advertisements Regulations 1988 (comparative advertisements); Supply of Goods (Implied Terms) Act 1973; Consumer Protection Act 1987;

» Cyber law or Internet law; Consumer Protection (Distance Selling) Regulations 2000; Telecommunications (Data Protection and Privacy) Regulations 1999; Electronic Commerce (EC Directive) Regulations 2002;, EU's Electronic Commerce Directive 2000; EU's Electronic Commerce Directive 2000.

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Also read: Analyse complex issues in CSR and corporate governance: Delving into the complexities of business ethics and corporate social responsibility within the framework of Business Ethics and Corporate Social Responsibility, OTHM Level 5 Diploma in Accounting And Business.

Learning Outcome -

The learner will:

Assessment Criterion - The learner can:

1. Critically discuss the impacts of global integration on organisations.

1.1

Explain the effects of globalisation on national

economies using Global PESTEL analysis;

1.2

Evaluate the role of the EU on business organisations;

1.3

Explain the role and responsibility of international institutions on

the organisational practices.

2. Critically discuss the socio-cultural, ethical and moral issues that affect organisations in the current economic

environment.

2.1

Critically analyse various socio-cultural, ethical and moral issues that affect organisations in the current economic environment;

2.2

Critically discuss the responsibilities of organisations to improving

workforce welfare;

2.3

Compare and contrast organisational approaches to ensuring

positive policies of ethics and maintaining workforce diversity.

3. Analyse the role of corporate governance in organisations.

3.1

Discuss the significance of responsible corporate governance in

organisations;

3.2

Critically analyse the regulatory requirements that shape corporate governance;

3.3

Critically evaluate the impact of regulatory requirements on

corporate stakeholders' interests in an organisation.

4. Critically discuss Consumer Protection laws.

4.1

Analyse the significance of consumer protection laws in a country;

4.2

Interpret appropriate consumer protections laws and explain the

actions that need to be taken by organisations to protect consumer's interests;

4.3

Discuss the measures that exist in an organisation to protect

consumers' interests.

5. Critically analyse regulations related to trading online.

5.1

Analyse the significance of legislation related to trading online;

5.2

Explain the actions that need to be taken by organisations to

achieve the aims of the legislation;

5.3

Develop a business policy for trading online by using appropriate legislation related to trading online.

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