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Compliance & Law

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The IT compliance is legal

Automated translation of the German original. Legal terminology may require clarification; please refer to the German text. Deutsch
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  • Internal Compliance Officer

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  • Death Sin 4: Governance Structure Missed

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Just call us. We are happy to advise you.

Legal, internal and contractual regulations prevail in the area of IT landscape. With the term IT compliance, we can describe compliance with the regulations in corporate management.

Compliance in itself merely means that the applicable legal rules and recognized social values and standards are always respected within the framework of all business activities.

In the light of the existing regulatory density for companies and entrepreneurs, cross-border activities, increasing regulation and in particular special liability for management bodies, each company must operate compliance management today.

Rechtsanwalt Dipl.-Ing. Michael Horak, LL.M.

Risk-related areas

In particular, the risk-related areas in each company must be identified and measures to reduce liability for the company and avoid liability in favour of the management body, in particular managing directors, executive board and supervisory board. The IT sector of a company is often one of the risk-ridden areas; IT companies themselves are active in a risky industry. IT outsourcing, cloud computing, and mobile services lead to even greater demands on IT compliance.

Management bodies

According to § 93 para. 2 AktG, the management bodies of a public limited 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.

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The members of the governing bodies are responsible for their performance. In correlation with the industry and size of the company as well as its national or international orientation, liability risks increase both for the company and – in particular – for management bodies.

IT compliance organisation

The competent organization of regular conduct within the company and the proof of an IT compliance organisation are therefore at least advantageous for the following topics:
minimising the liability risks of the company and the personal liability of the management bodies; award of public and private contracts; creditworthiness, lending and conditions; prevention of criminal proceedings and irregularity; Going Public.

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The IT compliance is legal

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