German IT compliance law
Compliance in itself means only that the applicable legal rules and recognized social values and standards adhere to the framework of all business activities. Already in the light of the existing density of regulations for enterprises and entrepreneurs, cross-border activities, the increasing regulation and, in particular, the special liability for the management bodies, every company has to operate a compliance management today.
In particular, the risk affected areas have to be identified in each “business segment”, and also the measures for reducing and/or avoidance of liability in favor of the management body (in particular the managing director, the executive board, the supervisory board) has to be implemented. The IT-area of a company is often one of the most “risky” areas; IT-companies themselves are active in a particularly risk oriented industry. IT-Outsourcing, cloud computing, mobile services lead to even more strengthened IT-compliance requirements
Our team of experts and our corporate practice are not only active as consultants, but we also support you in the implementation of compliance management. After the identification of the risks, we create the individual legal measures of a compliance management system individually, for your specific company and we could also integrate a whistleblowing hotline, for instance, if necessary. We can also carry out a certification according to the IDW PS 980 Standards. A training session based on the specific compliance management system for the employees definitely complement the legal advice, in order to make the implementation working smoothly and correctly.
The organizational structure of the organization is supplemented by protection levels in the decision making process and in the entire supervisory organization. Pursuant to Section § 93 (2) of the German Stock Corporation Act (AktG), the management bodies of a stock corporation are personally liable for the violation of their organizational and supervisory obligations. The members of the management bodies are obliged with regards to their fulfilment. In correlation with the sector and the size of the company, as well as its national or international orientation, the liability risks increase both for the company and, in particular, for the management bodies.
The legal areas relevant to the individual case of compliance risk identification include, in particular, the following:
- Corporate Law
- Banking Law
- Antitrust Law
- Product liability law
- Insolvency Law
- Data protection law
- Environmental Law
- Employment Law
- More topics regarding the „Compliance „of a company or about our legal consultations are as follows:
- Compliance Management
- Compliance Officer
- Compliance Regulation
- Compliance Law
- Compliance-Regulation Infringement
- Introduction of Compliance-Regulation
- Optimization of Compliance Management
- Compliance for Executives.