Compliance Officer – Compliance & Law

Pillars of Compliance

horak Attorneys at law27. March 2023Compliance, Compliance Book, Compliance goals, Compliance Management, Compliance Management System, Compliance Management Systems, Compliance Officer, Compliance Organisation, Compliance Recommendations, Compliance Regulation, Compliance Risksaction, attorneys, Compliance, compliance business, compliance structure, contact, law firm, prevention, recognitionNo Comments

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 […]

Shall every business develop a compliance system?

horak Attorneys at law24. August 202224. August 2022Compliance, Compliance Book, Compliance goals, Compliance Management, Compliance Management System, Compliance Management Systems, Compliance Officer, Compliance Organisation, Compliance Recommendations, Compliance Regulation, Compliance Risks, Compliance Strategy, Corporate Lawbusiness, circumstances, Compliance, compliance business, compliance definition, compliance systems, control, criminal offences, German attorneys, German law, German lawyer, individual circumstances, management, risk inventory, systemNo Comments

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

horak Attorneys at law15. July 2022antitrust law, Bank Law, Compliance, Compliance Book, Compliance goals, Compliance Management, Compliance Management System, Compliance Management Systems, Compliance Officer, Compliance Organisation, Compliance Recommendations, Compliance Regulation, Compliance Risks, Compliance Strategy, Corporate Lawart., business, Compliance, comply, control, corporation regulation, internal whistleblowing, law, management, system, whistleblowinggNo Comments

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

horak Attorneys at law21. June 202221. June 2022Compliance, Compliance Book, Compliance goals, Compliance Management, Compliance Management System, Compliance Management Systems, Compliance Officer, Compliance Organisation, Compliance Recommendations, Compliance Regulation, Compliance Risks, Compliance Strategy, Corporate Law, Data protection law, Emergency Compliance, Environment Law, Functional dimension, GeneralitiesAktG, Compliance, executive board, German stock corporation act, liability duties compliance, outsourcing, responsibilitiesNo Comments

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

horak Attorneys at law13. May 202213. May 2022Compliance, Compliance Book, Compliance goals, Compliance Management, Compliance Management System, Compliance Management Systems, Compliance Officer, Compliance Organisation, Compliance Recommendations, Compliance Regulation, Compliance Risks, Compliance Strategy, Corporate Law, Data protection law, Emergency Compliance, Environment Law, Functional dimension, Generalities, Insurance Law, Labour Law, Liability lawallowed, benefits, business environment, Compliance, Compliance regulation, gifts, guidelines, invitations, shape, standards, value limits, zero tolerance limitsNo Comments

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

horak Attorneys at law14. April 202227. March 2023antitrust law, Bank Law, CMS, Compliance, Compliance Book, Compliance goals, Compliance Management, Compliance Management System, Compliance Management Systems, Compliance Officer, Compliance Organisation, Compliance Recommendations, Compliance Regulation, Compliance Strategy, Environment Law, Functional dimension, Generalitiesbusiness strategy, Compliance, compliance officer, compliance system, emergency compliance, equality, fcpa, management, privacy policy, uk bribery actNo Comments

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 […]

Deutscher Corporate Governance Kodex : What is it?

horak Attorneys at law30. March 2022Compliance, Compliance Book, Compliance Management, Compliance Management System, Compliance Officer, Compliance Organisation, Compliance Recommendations, Generalitiesbusiness, company, Compliance, executive board, lawyers, legal, legal support, legality, shareholder, supervisory board, workforceNo Comments

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 Act – How the French Legislation takes action against GOOGLE and FACEBOOK

horak Attorneys at law6. January 202213. May 2022Compliance, Compliance Book, Compliance goals, Compliance Management, Compliance Management System, Compliance Officer, Compliance Organisation, Compliance Recommendations, Compliance Regulation, Compliance Risks, Compliance Strategy, Data protection law, Generalities, Liability lawact, Compliance, compliance officer, cookies, data protection act, deposit cookies, Facebook, fines, French case, google, guidelines, important matter, legal, refuse cookiesNo Comments

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 allowing […]

Section(§) 91 (2) Stock Corporation Act: German Risk management obligation

horak Attorneys at law4. November 202127. March 2023CMS, Compliance, Compliance Book, Compliance goals, Compliance Management, Compliance Management System, Compliance Officer, Compliance Recommendations, Compliance Regulation, Compliance Risks, Compliance Strategy, GeneralitiesAktG, jeopardize, monitor, monitoring, monitoring measures, section 91 (2) AktG, Stock Corporation Act, structureNo Comments

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 […]

What does a Compliance Officer do

horak Attorneys at law19. October 202030. June 2021antitrust law, Compliance, Compliance Management, Compliance Officer, Money Laundering ActCompliance, Compliance Regeln, externer Compliance OfficerNo Comments

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 […]