Illegal price agreements, bribery, corruption, inadequate data protection, fraudulent transfer of assets and a great deal more: the list of offences which can have a severe impact on business organisations is a long one, and can lead to serious and detrimental consequences for both, companies and their management bodies. After all, in addition to the danger of a significant loss of reputation, both among the public and customers, such breaches can involve massive risks in terms of penalties and liability.
The legal experts in our Compliance and Internal Investigations department advise companies and entrepreneurs on how to take precautions in order to prevent breaches of applicable laws and regulations by their organisation and its members. In addition, our specialists analyse circumstances which have arisen as the result of non-compliance with laws and regulations, and which have or could have serious consequences in terms of penalties and liability for the company, its bodies, executives and employees.
Compliance means acting in accordance with existing laws and regulations. In daily business, compliance means observing not only external laws and regulations but also the internal guidelines applied by the specific company or organisation. The basis for this is the legal provision which makes companies and those responsible for their operations liable for ensuring that the activities of the company do not lead to a breach of the law, because laws have to be observed by legal entities, too. If they fail to do so, this can lead to draconian penalties for the company and serious liability issues for its employees. Accordingly, compliance is not just an end in itself but an economic and legal necessity.
The overall principles and activities for ensuring the observance of specific rules and accordingly the avoidance of breaches of these rules within the company are referred to as the ‘compliance management system’. In this context the MKRG legal advisors support you in developing and implementing effective systems which will protect you against breaches of compliance of all kinds, together with the resulting consequences.
If a company suspects an actual or threatened breach of compliance it is under an obligation to investigate the matter, correct the situation and ensure that similar breaches are prevented in future. In the requisite internal investigation our legal advisers support you on all the relevant issues, providing you with individual recommendations for action aimed at correcting infringements and ensuring that similar risks cannot recur in future.
In dealing with situations involving breaches of the law or regulations we operate with interdisciplinary teams and involve auditors where necessary. In the interests of our client we adapt the size of the team to the applicable circumstances and related risks.
Fields of Operation
- Legal assessment of risks relating to penalties and liability
- Development of strategies enabling the avoidance of risk by companies, their bodies, management and staff
- Establishing/reviewing a compliance management system
- Analysis/optimisation of the compliance organisation
- Implementation of compliance risk analyses
- Compliance audits (examination of conformity)
- Organisation of compliance training for management and staff
- Establishment of a whistle-blower/ombudsman system
- Outsourcing of the compliance organisation to external consultants (external compliance management)
- Consulting on and implementation of internal investigations
- Corporate compliance
- Compliance under criminal law
- Anti-trust compliance
- Trade compliance
- Data protection compliance