Corporate compliance is not simply aimed at compliance with the law, but also at the actual implementation of legal and internal requirements by ensuring effective measures and the organizational anchoring of an area of responsibility for compliance within the company. Our compliance team not only helps you with data protection, but also with ensuring that your company as a whole is legally compliant.
Corporate compliance is not limited to data protection and IT security. Data protection/IT security is just one of many other compliance topics. These include in particular
and other areas of law.
Your company's compliance depends first and foremost on an effective and sustainable compliance management system (CMS).
The operational realization / implementation of corporate compliance as an important component of sustainable corporate management is achieved by introducing a compliance management system (CMS). The objectives of a CMS in corporate practice are often the prevention and investigation of corruption and fraud, breaches of data protection, violations of environmental regulations and product liability law or violations of antitrust or tax law.
The necessary requirements for a CMS are set out in the auditing standard IDW PS 980 ("Principles of Proper Auditing of Compliance Management Systems") published by the Institute of Public Auditors in Germany. IDW PS 980 is the first presentation in Germany to provide a generally applicable overview of the necessary components of a CMS. This auditing standard provides a structure that ensures that all compliance topics can be linked. We offer to implement the central contents of IDW PS 980 in your company successively and to the extent you require.
The central elements of the IDW PS 980 auditing standard ("Principles of proper auditing of compliance management systems") are as follows:
This means in detail:
A compliance culture primarily results from the importance that management, employees and customers attach to compliance issues. The acceptance of corporate compliance in the company depends very much on whether the management takes compliance issues seriously.
We discuss with you how much compliance you want to implement in your company - the minimum legal requirements or more? The analysis should take into account the expectations of customers, employees and suppliers with regard to compliance issues.
Based on the legal requirements, we work with you to identify the compliance-related risks. Taking into account the analysis and assessment of the probability of occurrence and consequences of the identified risks, an appropriate compliance organization must be set up and a suitable program to counter the risks must be adopted.
The establishment of an appropriate compliance program to address the identified compliance risks results from the legal requirements applicable to your specific company.
Through training courses, reports and other documentation, we ensure that compliance issues are communicated and practiced within the company.
Together with the management, we draw up an annual plan of which topics and areas are to be reviewed in each financial year in order to determine whether the measures implemented to counter the identified risks are effective. In doing so, we naturally also take into account information from other departments, such as Internal Audit.
The successful implementation of a compliance management system is significantly influenced by the specific skills of our compliance team members.
The requirements for the performance of the duties of a compliance officer are not regulated by law. However, there is a consensus that the compliance officer must have sufficient expertise and reliability.
Professional competence means, in particular, knowledge of the requirements for the design of appropriate processes for the detection of violations, knowledge and tasks and responsibilities of the compliance function, knowledge of the structural and procedural organization.
The compliance officer is reliable if he has not been convicted of a crime, theft, embezzlement, extortion, fraud, breach of trust, money laundering, forgery of documents, receiving stolen goods, usury, an insolvency offense, tax evasion or on the basis of Section 38 WpHG in the five years prior to taking up his position.
The required industry knowledge of the compliance officer relates to the risk and business profile specified by the company.
Our senior consultants are lawyers and have many years of experience in corporate consulting, especially with regard to compliance issues.
Benefit from our legal experts and get an idea of the advantages of a compliance officer.
The main business benefits of compliance measures are competitive advantages, reputational gains and the avoidance of sanctions.
The trust generated by the introduction of a CMS among employees, customers, authorities, companies and investors can strengthen customer loyalty, prolong business relationships and increase employee motivation. Your company can also benefit from lower corrective measures, more favorable financing conditions and insurance premiums,
Remember: The legal requirements for corruption, antitrust law and other areas are independent of the size of the company and are therefore also legally binding for SMEs.
Then give us a call on 02191-909430 or send us an e-mail to infoantispam@gindat.de.