Archiv für die Kategorie ‘Compliance’

Group-Wide Introduction of A Compliance Management System in Germany: A Legality Obligation of Parent Companies For Their Subsidiaries?

Dec 29, 22 • Compliance • No Comments • Dr. Constantin Goette

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 […]
GmbH Shareholder Meetings Possible Virtually in Germany

Dec 29, 22 • Compliance, Corporate Law • No Comments • Philipp Barring

The numerous positive practical experiences during the corona pandemic have prompted the legislator to make a small but significant change to the law: With immediate effect, German limited liability companies (GmbH) can also hold their shareholders’ meetings virtually without having to […]
Breach of Due Diligence: Managing Director in Germany Personally Liable For Employee Violations

Sep 21, 22 • Compliance • No Comments • Dr. Constantin Goette

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 […]
New Model For Fines For GDPR Violations

Jun 29, 22 • Compliance, Privacy Law • No Comments • Patricia Jechel

When the General Data Protection Regulation (GDPR) came into force more than four years ago, the introduction of fines as a penalty for data protection violations caused quite a stir. For the most part, the horrendous fines feared at the time […]
Money Laundering Act: Risk Management as Evidence with German Authorities

Jun 29, 22 • Compliance • No Comments • Dr. Constantin Goette

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

Mar 29, 22 • Compliance • No Comments • Dr. Constantin Goette

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 […]
Obligation to Report For EU Foreigners When Acquiring Shares in German Companies

Dec 30, 21 • Compliance, Corporate Law • No Comments • Phillipp von Raven

Obligation to report to the Federal Ministry of Economics in the event of the acquisition of shares in German companies by EU foreigners In recent years, scrutiny of the acquisition of shares in German companies outside the defence sector by investors […]
Transparency Register in Germany: Observe Deadlines And Avoid High Fines

Dec 30, 21 • Compliance • No Comments • Philipp Barring

Reform of the Transparency Register forces action In 2017, the Transparency Register for Germany (transparenzregister.de) was introduced and has since been gradually adapted further. As of August 01, 2021, the reform of the Transparency Register has taken full effect. It was […]
Business Judgement Rule: 5 Basic Rules For Dutiful Action in Germany

Sep 30, 21 • Compliance • No Comments • Philipp Barring

In the event of the disclosure of compliance violations, but also in the event of damages incurred within the company as a result of measures ordered or carried out by the company itself, board members or managing directors in Germany can […]
Compliance: Avoiding Liability Traps in German Companies

Jun 30, 21 • Compliance • No Comments • Philipp Barring

In simple terms, compliance means adherence to or conformity with rules. The term is used as a synonym for the organizational and supervisory measures within a company that are conducive to compliance with applicable laws, guidelines and other (voluntary) regulations in […]