Compliance Management Systems

Shall every business develop a compliance system?

DEFINITION Compliance is nothing other than the observance of the organisational duties incumbent on the company management. Compliance measures are necessary to avoid criminal and liability risks for the management and the company. There is no generally valid system that has already been developed and that can be adopted and and adapt it to one’s own […]

Whistleblowing & Data Protection: What You Should Know About It 

Whistleblowing & Data Protection: The Contradiction. What if that was a misconception in the compliance organization system? Recent scandals such as Wirecard show how essential it is to implement an appropriate and effective compliance management system (CMS) in the company to ensure the timely detection and punishment of violations of the law. One component of […]

Compliance Manager Liability – BGH Ruling

About the liability and role of the compliance management In German law, there is no explicit legal obligation to comply. Only companies in the financial sector are obliged to set up a compliance organization in accordance with Section 32 of the German Securities Trading Act. However, the duty of care pursuant to § 76 (1) […]

Good to know: Compliance regulations applying to gifts and invitations

Compliance and gifts and invitation in a business environment: What is allowed? Are there clearly defined value limits for gifts in business transactions? The national and international anti-corruption laws do not standardise clearly defined value limits with regard to the permissibility of accepting or granting benefits in business transactions. Therefore, many companies set limits in their […]

Compliance International Guidelines

International Guidelines: Compliance around the world In international business transactions, it must be taken into account that regulations of other countries that are involved are also to be considered strictly binding. The Foreign Corrupt Practices Act (FCPA) and the UK Bribary Act are particularly worthy of mention. Both serve to combat corruption, FCPA as a […]

Structured legal compliance and compliance management

„Compliance in itself is not new, as it is probably a matter of course that organisations comply with laws and voluntary commitments. What is new is the structured approach to this task.”(Dr. Barbara Neiger) Compliance can be implemented with recommendations for action as part of a Compliance Management System (CMS) in the area of legal […]

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