Compliance

The term "compliance" actually describes a matter of course, namely the observation of laws and rules. In the field of commercial law consulting the term designates a system for auditing internal and external processes, which guarantees this compliance at the company.

Often foreign companies give their German subsidiaries compliance guidelines to implement that are based on legal or practical circumstances in the parent company‘s country. In Germany such guidelines cannot be implemented on a 1:1 basis but have to be adapted to the respective local general conditions. In addition, the necessity of a compliance system in German companies was often underestimated in the past, because such a system in part also creates civil or even penal liability for consequences that apply to executives, managers and employees.

The Competence Group bundles civil and legal expertise in the area of compliance. We work in teams that are customized to meet the concrete needs of the client company. A team coordinator is available to you as an assigned contact person.

Priorities

  • Tax compliance
  • Environmental compliance
  • Labor law compliance
  • Corporate law compliance
  • Cartel law compliance
  • IT compliance
  • IP compliance
  • Data protection compliance
  • Distribution law compliance, including supply chain act (Lieferkettensorgfaltspflichtengesetz - LkSG)
  • Anti-corruption compliance
  • Insurance law compliance
  • Product liability compliance
  • Procurement law compliance
  • Customs and foreign trade compliance
  • Determination of the specific requirements for a compliance system in consideration of the existing compliance culture
  • Development of customized compliance guidelines ( Code of Conduct )
  • Adaptation of the compliance guidelines specified by the parent company abroad to German law and to the specific circumstances of the German company; coordination with foreign companies
  • Adaptation of German compliance guidelines with regard to their applicability to foreign subsidiaries
  • Assessment of distributor contracts with regard to their admissibility under cartel law
  • Introduction of the compliance system to the company; negotiations with the works council
  • Establishment of an external compliance hotline
  • Raising the employees' awareness and training the employees with regard to general and specific compliance questions
  • Regular control and further development of the compliance system, if applicable
  • Enforcement of claims against insurance providers
  • Defense against product liability claims
  • Representation vis-à-vis law enforcement and other authorities
  • Contact with non-legal service providers
  • Whistleblower protection