Whether a compliance officer or even a compliance department is required depends on the size of the company. As long as the control and determination of all processes lies with a person in the form of the manager or owner, the company may refrain from a compliance officer. However, the more complex the company becomes, the more important is its own compliance department or at least one compliance officer.
The appointment of a compliance officer is part of an intact compliance management system. The compliance officer can also be called a compliance officer and should be in an independent and neutral staff function.
One of the tasks of a compliance officer is to advise and train management and employees. Compliance representatives have both an internal and an external function; for example, they not only act as contact partners for authorities, but also impose internal regulations.
However, the possibility of direct communication with the management is particularly important as the compliance officer should report directly to the management. Likewise, a company should involve its compliance representatives in important decisions.
The purpose of the tasks of a compliance officer is to ensure legal compliance and ethically correct conduct.
In accordance with § 93 sec. 2 AktG, the management bodies of a public limited liability company are personally liable for the violation of your organisational and supervisory obligations. This applies to (the) managing directors of a GmbH in accordance with § 43 para. 2 GmbHG i.V.m. § 93 para. 2 AktG.