The EU Whistleblower Protection Directive came into force on 16 December 2019. Switzerland continues to struggle with this topic: the Swiss National Council (Nationalrat) dismissed a draft law on its introduction on 3 June 2019 and, after the Swiss Council of States (Ständerat) approved the draft law without changes on 16 December 2019, dismissed it again on 5 March 2020.

The article deals with the liability of board members for decisions to minimize business risks resulting from the pandemic. Based on an important decision by the highest German criminal court on a case of the 2008 financial crisis, the article outlines the limits of a safe haven within which managers can make decisions without fear of legal consequences.

We are pleased to present the latest issue of the Compliance Elliance Journal (CEJ). In this edition, we will focus on legal education and professional training re compliance and ethics.

The text discusses the importance of risk analysis in the context of Compliance Management Systems for companies in German criminal law. It emphasizes that, despite personal criminal liability for individuals, companies can face consequences through special rules for fines or confiscation orders if their representatives commit offenses on behalf of the company. A common offense leading to such consequences is the breach of supervisory duties under Section 130 of the German Act for Administrative Offences (OWiG). The text highlights the necessity of a Compliance Risk Analysis as the foundation for any Compliance Management System. This analysis involves three key steps: identifying structural compliance risks, evaluating the existing compliance management system, and analyzing risks based on consequences and probability. The structural analysis examines existing compliance structures such as guidelines, training, and process descriptions. Key points include the significance of corporate culture in compliance, focusing on the 'tone from the top,' the 'zero-tolerance principle,' and the error culture. The text concludes with the definition and implementation of measures to avoid risks, encouraging regular risk analyses for continuous improvement of compliance management systems. In summary, the text addresses how companies can identify, assess, and manage risks related to legal compliance to establish and maintain effective Compliance Management Systems.

The text explores the challenges that generative AI poses to EU copyright law, focusing on two main issues: the use of copyrighted materials in developing AI models and the publication of generated digital content. The inquiry assesses the applicability of existing copyright exceptions for tasks like data mining, temporary reproduction, and database rights during the development of AI models. For the publication of generated content, the focus is on determining conditions for legal recognition as a derivative work. The text argues that generative AI falls under the flexible concepts of Arts. 3 and 4 CDSMD, with potential support for AI models generating marketing or entertainment content. However, existing exceptions do not fully support the generative AI development process. Commercial deployment of generated output may not be covered by exceptions, and its classification as a lawful derivative work depends on further clarification from the EU legislator or CJEU. The text suggests that non-authorial output should be allowed as derivative works, considering the low threshold for originality and recognizability criteria. To be lawful, derivative AI works should incorporate original parts that fade into the background, with personal style not protected by copyright but considered in an adapted derivatives test. Fair remuneration is proposed for generative AI services to address economic impacts on creatives.

The article discusses the intersection of anti-money laundering (AML) compliance and the handling of Non-Fungible Tokens (NFTs) under German law or EU law applicable in Germany. It begins by acknowledging the negative perception of cryptocurrencies in the context of money laundering, emphasizing the need to explore AML regulations for NFTs, which have gained attention for tokenizing art. The text delves into the legal nature of NFTs, examining whether they can be classified as securities, asset investments, or crypto assets. It also explores the implications of these classifications on AML compliance, detailing the specific obligations for entities dealing with NFTs. The article concludes by highlighting the legal ambiguity surrounding NFTs and emphasizing the importance of conducting a case-by-case risk assessment for AML compliance.

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This article provides reflections on the role of ecological expertise as a tool of environmental governance. It examines the importance of State Ecological Expertise (SEE) in maintaining the ecological balance and its influence on the decision-making process for various activities. The article examines the principles and considerations underlying SEE, its impact on sustainable development and the potential implications of its assessments. By examining the relationship between ecological expertise and environmental conservation, the article aims to contribute to a deeper understanding of the instrumental role of SEE in environmental governance and sustainable resource management. In this article we reflect on the concept, importance and functioning of the State Ecological Expertise (SEE) as an independent legal institution. SEE plays an important role in monitoring the preservation of the ecological balance of the environment and in providing preliminary state control to prevent potential negative impacts on the environment. We discuss the factors considered in SEE assessments, the activities subject to mandatory SEE and the implications of the opinions issued as a result of SEE. We also examine the procedural aspects of SEE, including the requirements for the composition of the documentation submitted for the State Environmental Impact Assessment. Through this reflection, we aim to improve the understanding of the role and importance of SEE in the system of expert activity of public authorities to prevent negative impacts on the environment. This abstract is based on the concept, meaning and functioning of State Ecological Expertise (SEE) as described in the provided search results.

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No description available.