“Compliance” in itself merely means that the applicable legal regulations and recognized social values and standards shall always be observed in the context of all business activities. In light of the existing density of regulations for companies and entrepreneurs, cross-border activities, increasing regulation and, in particular, the special liability for the management bodies, every company today must operate a compliance management system.
Compliance – Identifying risks/ limite liability
In particular, the areas at risk in each corporate division must be identified and then measures to reduce liability problems for the company and avoid liability must be implemented in favour of the management body (in particular the managing director, executive board, supervisory board).
Compliance Management/ Compliance Officers
Our corporate law practice is not only there to advise you, but we also support you in the implementation of compliance management, as well as in providing our firm as an external compliance officer.
It goes without saying that once the risks have been identified, we create the legal measures of a compliance management system for your specific company on an individual basis and, for example, integrate a whistleblowing hotline. If necessary, certification according to IDW PS 980 Standard etc. can also be carried out with our support.
We also complement the legal advice with the training and further education of employees on the specific compliance management system, so that the implementation of this process perfectly works.
The organisation resulting in the light of compliance is supplemented by safeguarding levels in the decision-making processes and in the entire supervisory organisation.
Pursuant to Section 93 (2) of the German Stock Corporation Act (AktG), the management bodies of a stock corporation are personally liable in the event of a breach of their organisational and supervisory duties.
For (the) managing directors of a GmbH this applies according to § 43 Abs. 2 GmbHG in connection with § 93 Paragraph 2 AktG.
The members of the management organs are burdened with the burden of proof with regard to the fulfilment of their duties. In correlation with the industry and size of the company and its national or international orientation, the liability risks increase both for the company and – in particular – also for the management bodies.
Compliance Risk assessment
The areas of law relevant to compliance risk identification in individual cases include the following areas in particular:
- Corporate Law
- Banking Law
- Antitrust Law
- Product Liability Law
- Insolvency Law
- Data Protection Law
- Environmental Law
- Labour Law
Do you want to know more about it? Contact us!