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.
| Identifer | oai:union.ndltd.org:DRESDEN/oai:qucosa:de:qucosa:88322 |
| Date | 28 November 2023 |
| Creators | Zündorf-Girard, Julian |
| Source Sets | Hochschulschriftenserver (HSSS) der SLUB Dresden |
| Language | English |
| Detected Language | English |
| Type | info:eu-repo/semantics/publishedVersion, doc-type:article, info:eu-repo/semantics/article, doc-type:Text |
| Rights | info:eu-repo/semantics/openAccess |
| Relation | urn:nbn:de:bsz:15-qucosa2-881960, qucosa:88196 |
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