Irritations arose not only in Anglo-American countries, when public prosecutors and other authorities in Germany searched (cooperating) companies and their mandated law firms and confiscated a variety of documents and data. In this post, we analyze the status quo and provide conceptual suggestions for an investigations-related attorney-client privilege.
Under the European General Data Protection Regulation many companies will be required to appoint a Data Protection Officer. Violating the requirements relating to the appointment of a DPO can be sanctioned with fines of up to EUR 10 million or up to 2 percent of the total worldwide annual turnover, whichever is higher. So, who do you appoint as your DPO?
In an opinion issued on 22 November 2017, EU-the Advocate General confirmed that the EU competition law provisions do not apply to companies that are part of the same corporate group. However, assurances from those companies might be necessary in case of simultaneous participation in public tendering process in order to protect the free and fair competition between all tenderers.
Building on the success of 2016’s “EMEA Corporate Liability Handbook,” we are pleased to present you with the first global edition that collates and describes in detail the corporate liability and corporate crime regimes of countries in Asia, EMEA and the Americas.
On October 7, 2017, the EU Commission published its updated study on corruption in the EU healthcare sector. Companies in the healthcare industry should rethink their policies and procedures based on the results of this Europe-wide study.
New Value-based Filing Thresholds in European Merger Control Regimes – Implications for Healthcare and...
Germany and Austria recently introduced new alternative merger control thresholds based on transaction value. At EU level the introduction of a value-based filing threshold is also being discussed.
In a CEO fraud case the Regional Labor Court of Saxony ruled that the financial director authorizing the payment can be held (partially) liable. The amount depends on the efforts of the company and its management to prevent such fraud cases.
The German Federal Court of Justice ruled that a compliance management system can reduce a fine. What are the prerequisites?
German Federal Labor Court: Employer cannot use information from secret keylogger software as evidence...
Information obtained via a keylogger software secretly installed on an employee's computer cannot be used as evidence in court - some exceptions apply.
German Federal Constitutional Court preliminarily prohibits prosecutors’ use of documents seized at investigating law...
On 26 July 2017 the German Constitutional Court ordered a restraint on the use of law firm seizures. The Court held that Munich Prosecutors could - for the time being - not assess the material they had seized in the course of a dawn raid at a law firm's office.