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Archive for the Author ‘Dr. Constantin Goette’
Compliance Management in HR in Germany: Opportunity or Risk?
The Human Resources (HR) department plays an important role in a company’s compliance activities due to its operational relevance to personnel-related affairs, which is why it can both help and hinder a company’s compliance efforts. The integration of HR as a […]
Group-Wide Introduction of A Compliance Management System in Germany: A Legality Obligation of Parent Companies For Their Subsidiaries?
The topic of the group-wide obligation to establish a Compliance Management System is always the subject of controversial discussion in legal literature in Germany. According to advocates of this system, parent companies should ensure that the respective subsidiaries maintain effective compliance […]
Breach of Due Diligence: Managing Director in Germany Personally Liable For Employee Violations
It is repeatedly confirmed by the jurisdiction: Managing directors of a German limited liability company (GmbH) can be held personally responsible for the violations of an employee. In a recent case, the Nuremberg Higher Regional Court (OLG) confirmed a ruling by […]
Money Laundering Act: Risk Management as Evidence with German Authorities
Recently, we have experienced a rise in feedback from our clients that the requirements of the German Money Laundering Act (GwG) are increasingly being enforced consistently by the relevant supervisory authorities, particularly with regard to risk management which is also part […]
German Lobby Register: Registration Obligation For All Lobbyists
The new lobby register at the federal level has been online since the beginning of the year. Anyone who contacts or wishes to contact members of the German parliament (Bundestag) or the German government in order to influence political processes must […]
Compliance Management Structures in Germany: An indispensable tool for release from liability
Developments in recent years regarding directors’ and officers’ liability make it clear: The personal – otherwise unlimited – liability risk of general managers, supervisory bodies and executives is omnipresent. It is quite conceivable that one or the other has restless nights […]