COMPLIANCE & RIGHT · TREATY
The risk analysis combines legal requirements with the actual operations in the company. It is intended to identify where infringements may arise, what consequences are threatened and what controls already exist. An abstract list of jurisdictions is not enough.
Capture business model and processes
The starting point is products and services, companies, distribution channels, procurement, payment flows and data used. Interviews and samples help to make visible differences between written specifications and lived procedures. External service providers and intermediaries are also considered.
Evaluate risks in a comprehensible way
Probability of occurrence, possible consequences and existing controls are assessed on the basis of documented criteria. Uncertain Assumptions remain discernible. A number with several decimal places does not create any additional security if there are no reliable facts. Particularly serious consequences can also justify priority measures in rare events.
Detect control gaps
For each significant risk, the person who decides which information is needed and where an error would be noticed. Control measures must be appropriate to the operation and actually usable. An automatic list reconciliation, for example, does not replace any review of the counterparty or end-use.
Actions and updating
The analysis creates a prioritized plan with those responsible, resources and deadlines. After incidents, changes in the business model or new legal requirements, the assessment will be updated. Risk analysis is thus a working tool and not a one-time storage process.
Legal classification and advice
Organizational and supervisory obligations are governed by legal form, activity and specific risk situation. An important point of reference is § 130 OWiG. The measures required can only be assessed on the basis of the company concerned. We examine the legal requirements, arrange responsibilities and develop feasible rules and control points.
Four practical examples
The following fictitious cases illustrate typical examination questions. The concrete solution depends on the circumstances of the individual case.
01 · Prioritize distribution risks
Many small domestic customers face few large foreign intermediaries. The assessment takes into account business model, control options and possible consequences.
02 · New software
So far, manual control is automated. Data protection, wrong decisions and default risks are included in the risk assessment.
03 · Undocumented acceptance
One area is considered uncritical because nothing has happened so far. Actual processes and external changes will be reviewed before this assessment is taken over.
04 · Multiple risks in one operation
A customer contract concerns export, data and intellectual property. A joint release step assigns the separate technical examinations.
Your next step
Do you want to transfer the requirements to your company or have a specific process checked? A brief description and a reference to existing deadlines are sufficient for the first contact. We shall vote on the scope of examination and compensation prior to commissioning.