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The more or less binding regulations are essentially the same in terms of content. The 3 pillars of compliance are prevention, recognition and action. An effective CMS is the goal of all efforts. For instance you can use freely available templates and checklists to conduct a compliance self-assessment. Identify any gaps that may exist and […]
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: 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 […]
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) […]
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 […]
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 […]
If you have ever heard about compliance you surely must the also heard about the Deutscher Corporate Governance Kodex : but, what is it? The German Corporate Governance Code (abbreviated to DCGK) is a set of rules that primarily contains recommendations and suggestions for listed companies on good corporate governance. Corporate governance is understood to […]
Data Protection and Compliance – An important matter With the motto “Refusing cookies should be as easy as accepting them” the official CNIL website settle down the latest news on some salty fines Google and Facebook shall pay after an infringement of freedom of consent: “websites such as facebook.com, google.fr and youtube.com offer a button […]
Section 91 Organisation; accounting (2) The management board is to take suitable measures, and in particular is to institute a monitoring system, in order to allow developments jeopardising the company’s continued existence to be identified at an early point in time. This Section of the German Stock Corporation Act requires the executive board of a […]
The compliance officer is responsible for compliance in a company. There are internal and external compliance officers. In both cases, the compliance officer acts as a rather independent unit responsible for compliance with the legal framework. In addition, the compliance officer is responsible for compliance management and the associated establishment of rules for compliance with […]