Compliance Programm and Structure
Building on the findings of a systematic compliance risk analysis, a company creates its own compliance programme. The programme ideally includes principles and measures to reduce compliance risks and avoid violations of laws and rules. Factors taken into account can be the region or the business model of the respective business unit.
From integrity checks on new and existing business partners, to a central contact and advice point for employees, to a whistleblowing system such as a whistleblowing hotline, companies can focus on different areas with compliance measures.
The task of setting up a compliance organisation is to prevent and detect behaviour that violates standards. The appointment of a compliance officer can be useful here.
The members of the management bodies are burdened with proving that they have fulfilled their duties. In correlation with the industry and size of the company as well as its national or international orientation, the liability risks increase both for the company and – in particular – also for the management bodies. Attorney-at-law, Engineer Michael Horak, LL.M.
Whether a compliance officer or even a compliance department is required depends on the size of the company. As long as the control and determination of all processes lies with one person in the form of the manager or owner, the company may not need a compliance officer. However, the more complex the company becomes, the more important it is to have a separate compliance department or at least a compliance officer.
The appointment of a compliance officer is part of an intact compliance management system. The compliance officer can also be referred to as the compliance officer and should be in an independent and neutral staff function.
The tasks of a compliance officer include advising and training the company management and employees. Compliance officers have both an internal and an external function; for example, they not only act as contact persons for authorities, but also impose internal company regulations.
However, the ability to communicate directly with management is particularly important, as the compliance officer should report directly to management. Similarly, a company should involve its compliance officer in important decisions.
The purpose of a compliance officer’s duties is to ensure legal compliance and ethically correct conduct.
Pursuant to section 93 (2) AktG, the management bodies of a public limited company are personally liable in the event of a breach of their organisational and supervisory duties. For (the) managing directors of a GmbH, this applies pursuant to § 43 para. 2 GmbHG in conjunction with. § 93 para. 2 AktG.