OMBUDSPERSONS / WHISTLEBLOWER PROTECTION ACT

Implementation of whistleblowing systems for clients and adoption of ombudsperson function. The employees of our clients may use our whistleblowing system to report suspicious cases to ensure the anonymity of the whistleblowers. Advice on the new legal requirements of the German Whistleblower Protection Act in relation to a whistleblower system. Inhouse trainings in regard to the requirements of the German Whistleblower Protection Act due to the new legal knowledge requirements for employees who communicate with whistleblowers.

DEVELOPMENT OF COMPLIANCE DEPARTMENTS

Advising companies in developing a compliance department, taking into account the required compliance functions. Training and workshops for compliance officers to provide expert knowledge, e.g. for the performance of compliance risk analysis, the implementation of compliance controls or the preparation of an annual compliance report.

COMPLIANCE MANAGEMENT SYSTEMS

Implementation of compliance management systems in line with the international compliance standard ISO 37301 (previous ISO19600) as well as the international standard ISO 37001 for anti-corruption management systems. Preparation of companies for compliance certifications by registered certification institutes.

COMPLIANCE RISK ANALYSIS

Performance of in-house workshops and assessments to determine the existing compliance risks of a company. Development of recommendations for action to reduce compliance risks on the basis of the results of the compliance risk analysis.

COMPLIANCE GUIDELINE MANAGEMENT

Development of compliance guideline management as a result of systematic legal monitoring regarding relevant rules and regulations to ensure compliant internal processes.

DEVELOPMENT AND PERFORMANCE OF COMPLIANCE CONTROLS

Development of a compliance control concept to reduce compliance risks on the basis of the results of the compliance risk analysis. Implementation of individual compliance checks.

INTERNAL INVESTIGATIONS

Performance of internal investigations to identify criminal or administrative offences with a comprehensive analysis and written documentation usable by courts. Depending on the scope of the investigated case, cooperation partners may be involved.

COMPLIANCE TRAINING AND WORKSHOPS

Performance of compliance training and workshops on relevant compliance topics. (e.g. management workshop for the development of the compliance culture within the respective company or training in regard to the new German Whistleblower Protection Act, for the implementation of a compliance management system, for the disclosure obligations for listed stock corporations, antitrust compliance, money laundering prevention, sanctions and embargoes, data protection, IT-compliance or recommendations on action and procedures in relation to investigations by authorities).

We offer to carry out training and workshops in the modern conference room in our law office up to a number of 10 participants. Of course, you have the alternative of in-house training or workshops in your company. Given the current situation, we also offer all training and workshops as a webinar.

SUPPLY CHAIN DUE DILIGENCE ACT

Advising companies on the new obligations for the members of the management board due to the German Supply Chain Act and support in implementing the required risk analysis, the implementation of compliance procedures and whistblower systems. Advice on the main deviations in regard to the comparison of the German Supply Chain Act with the future EU Supply Chain Law.

MONEY-LAUNDERING PREVENTION

Legal-Check for companies to the status of obliged party under the German Money Laundering Act (GWG). Advice on obligations in connection with the appointment of a money-laundering officer. Identification of beneficiary owners and advice on the obligations in relation to necessary entries in the German Transparency Register. Conducting risk analysis and deriving preventive measures (e.g. Anti-Money-Laundering (AML) transaction monitoring). Implementation of Know-Your-Customer (KYC) procedures. Advice on suspicious activity reports. Performance of in-house training and workshops.

ANTI-BRIBERY & ANTI-CORRUPTION

Advising companies on the requirements of the German Anti-Bribery and Anti-Corruption Rules as well as the UK Bribery Act and the US Foreign Corrupt Practices Act (FCPA). Implementation of company standards for accepting and giving gifts and entertainment as well as related approval processes. Performance of in-house training and workshops. Implementation of international standard ISO 37001 for anti-corruption management systems and preparation for compliance certifications by registered certification institutes.

ANTITRUST-COMPLIANCE

Carrying out assessments to determine antitrust risks of a company. Advising companies on the implementation of processes and employee information to ensure compliance with antitrust law. Training of employees regarding recommendations on action to prevent (even unconscious) prohibited price agreements with competitors.

COMPLIANCE DUE DILIGENCE ON MERGERS AND ACQUISITIONS

Compliance due diligence of targets to reduce compliance risks for acquiring companies in mergers and acquisitions. Performance of checks and assessments to identify compliance risks of targets. Reorganisation of compliance departments after closing.

DISCLOSURE OBLIGATIONS FOR LISTED STOCK CORPORATIONS

In-house training and workshops for members of the supervisory board, the upper management and other employees relevant to the disclosure obligations for listed stock corporations. Presentation of the requirements relating to the timely disclosure of reports, ad hoc announcements or directors‘ dealings obligations including examples.

DATA PROTECTION AND IT-COMPLIANCE

Advising on the requirements of the European Data Protection Regulation and national data protection regulations as well as on the relevant IT-Compliance topics data and cyber security. Support with the performance of data protection impact assessments. Implementation checks to verify the status of implementation requirements and advice on recommendations for action. Legal checks for companies on the status of critical infrastructure operator (KRITIS) and advice on the necessary implementation measures. Examination and advice on the existence of reportable facts.

SUPERVISORY LAW FOR THE DIGITALIZATION OF THE FINANCIAL SECTOR / REGULATION OF CRYPTO-ASSETS (E.G. MICAR)

Advice on current applicable national as well as future EU requirements (e.g. proposal for a Regulation on Markets in Crypto-Assets - MiCAR) in regard to the offer, sale and other services (e.g. advice, brokerage, trading or operation of trading platforms) in connection with digital assets. Inhouse training on the essential legal requirements.

ADVISING PORTFOLIO MANAGERS TO REGULATORY REQUIREMENTS

Advising BaFin-regulated portfolio managers regarding the existing regulatory requirements and their impact on internal processes. Performance of MiFID II checks. Audit of contracts, templates for the documentation of information about clients as well as information for clients about portfolio management services.

IMPLEMENTATION OF REGULATORY REQUIREMENTS

Support with the implementation of new rules and regulations (e.g. to the so-called German regulatory requirements KWG/MaRisk, WpHG, WpDVerOV, WpHGMaAnzV, MaComp, ZAG and MaDepot as well as the EU regulations MiFID II or PSD 2). Advice to BaFin-regulated companies on the expansion of new business areas (e.g. automated portfolio management or robo advice). Support with the implementation of sustainability regulation and ESG criteria.

OPTIMIZATION OF COMPLIANCE PROCESSES FOR FINANCIAL SERVICE PROVIDERS

Optimization of existing compliance processes for conducting compliance risk analyses and the resulting compliance controls as well as other compliance processes, such as legal monitoring or policy management. Implementation of coordinated and harmonized compliance processes.

COMPLIANCE CONTROLS FOR FINANCIAL SERVICE PROVIDERS

Implementation of compliance control concepts for financial service providers as well as (temporary) performance of compliance controls to support companies with short-term personnel bottlenecks or for the induction of (new) employees.

PREPARATION OF COMPANIES FOR SPECIAL AUDITS OF AUTHORITIES

Training of employees (e.g. investment advisor) for interviews performed by authorities during on-site inspections. Support for companies in answering enquiries from authorities.

SPECIAL EXPERTISE TRAINING FOR INVESTMENT SERVICE PROVIDERS

Performance of special expertise training for the specific BaFin-registered employee groups of investment service providers (investment advisor, sales coordinators, sales representatives, employees of portfolio management departments and compliance officers). Performance of trainings on sustainability regulation and ESG criteria.

COMPLIANCE MANAGEMENT FOR PAYMENT SERVICE PROVIDERS
In-house training and workshops especially for payment service providers on the challenges of implementing compliance measures. Presentation of a best-practice approach for compliance with the requirements of anti-money laundering, sanctions and embargoes, know-your-customer procedures, complaint management and the compliance-relevant requirements of the German Payment Services Supervision Act (so-called Zahlungsdiensteaufsichtsgesetz (ZAG)).