Compliance Management Systems – a must-have for companies

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COMPLIANCE MANAGEMENT SYSTEMS: FUNCTION AND SIGNIFICANCE FOR COMPANIES

A Compliance Management System is an important element of the GRC universe. Due to their duty of legality, companies must organise their internal processes in such a way that violations of the law and other rules are prevented and regulatory compliance is ensured.

THE RESPONSIBILITY LIES WITH THE LEGAL REPRESENTATIVES
A compliance management system comprises all compliance measures, structures and processes set up in a company for this purpose, and thus provides protection against criminal liability and liability risks for board members (supervisory board, board of directors and management). This is because in recent years, also small and medium-sized enterprises and the public sector have increasingly been the focus of investigations into tax and property offences and the legal requirements have been getting ever more complex.​

COMPONENTS OF AN EFFECTIVE COMPLIANCE MANAGEMENT SYSTEM

Components recommended for a compliance management system vary greatly depending on the type, industry, size, legal form, risk propensity, and international reach of the company. Therefore, the CMS should be tailored to the individual needs of the company.

But there are certain basic elements that need to be considered when a Compliance Management System is implemented in a company:

  • Compliance objectives such as identification and monitoring of the relevant legal standards
  • Risk analysis (identification and assessment of obligations and risks)
  • Risk measures
  • Organisation/Compliance Officer (structural and process organisation)
  • Communication (reporting, whistleblower system)
  • Documentation (code of conduct/guidelines/job descriptions)
  • Monitoring (responsibilities/processes/sanctions)​

OUR SERVICE FOR YOU: AN EFFECTIVE COMPLIANCE MANAGEMENT SYSTEM FROM RÖDL & PARTNER

We advise (international) family business and capital market-oriented companies as well as operators from numerous industries such as healthcare (e.g. hospitals), non-profit, energy industry (e.g. utilities, municipal energy supply companies), public companies, sports industry, automotive industry, industrial production, and real estate industry.

We advise companies on the structure and implementation of an effective compliance management system and audit the existing systems in accordance with IDW auditing standards for aspects related to the structure, appropriateness and effectiveness.

Depending on requirements, we focus on the general legal environment, including special legal regulations, IT security or tax law.

Tailored to the specifics of your industry, we also focus on the prevention of tax law violations (Tax CMS), money laundering prevention, and the implementation of a data protection management system (DSMS) as components of your compliance management system.

Our compliance management system will take into consideration not only the legal and tax aspects of your company, but also the business aspects.

 
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Carina Sophie Röthke

Associate Partner

+49 30 810795 7006

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