Germany

German data protection authorities establish new rules for whistleblowing hotlines: Call for action

In light of the implementation of the General Data Protection Regulation, the German data protection authorities have changed their position on how employees submit whistleblowing reports anonymously. The German data protection authorities have issued guidelines in this regard.

EU: 5th EU Anti-Money Laundering Directive published

The EU Commission proposed the revised AMLD in July 2016 as part of its Action Plan against terrorism announced in February 2016, after the attacks in Paris and Brussels, and as a reaction to the Panama Papers published in April 2016.

Seizure of data and documents in internal investigations in Germany – Status quo and...

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.

Data Protection Officers Must Not Have a Conflict of Interest – Part 2

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?

EU: Corporate group companies tendering separately in public tenders may need to prove absence...

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.

Baker McKenzie releases Global Corporate Liability Handbook

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.

2nd EU Study on Corruption in the Healthcare Sector released: What you should do...

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.

German Labor Court: Employee can be liable for CEO Fraud

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.

German Federal Court of Justice: Compliance Management System can lead to reduction of a...

The German Federal Court of Justice ruled that a compliance management system can reduce a fine. What are the prerequisites?

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