Archiv für die Kategorie ‘Compliance’

Benefits of Outsourcing Your Internal Reporting Office in Germany: Advantages of an External Ombudsperson

Sep 19, 23 • Compliance • No Comments • Philipp Barring

Since July 1, 2023, the Whistleblower Protection Act (Hinweisgeberschutzgesetz, HinSchG) mandates that companies with over 250 employees establish secure channels for reporting misconduct. This requirement will be extended to companies with more than 50 employees as of December 17, 2023. External […]
German Whistleblower Protection Act will Be in Effect Starting July 2023

Jun 27, 23 • Compliance • No Comments • Dr. Constantin Goette

After a slight delay and minor issues in the legislative process, the Whistleblower Protection Act is now on its way. Starting July 2023, the mandates of the European Whistleblower Directive (Directive (EU) 2019/1937) will be implemented in Germany as well, necessitating […]
Compliance Management in HR in Germany: Opportunity or Risk?

Mar 31, 23 • Compliance • No Comments • Dr. Constantin Goette

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?

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 • Stefan Winheller

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 […]