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 […]
Role of a C-Manager The term compliance has many definitions as it could describe the sum of all organizational measures including both mandatory legal provisions and those that the company establishes voluntarily. In German law, there is no explicit legal obligation to comply. Only companies in the financial sector are obliged to set up a […]
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