Compliance

Netherlands

We identify the risks...

It goes without saying that business enterprises (and their officers) always had to adhere to various rules. However, until recently there were no risk managers, compliance officers and integrity managers. The universe in which companies and institutions operate has changed as a result of a significant increase of both national and international legislation, the introduction of numerous codes of conduct, new forms of supervision and unprecedented demands regarding accountability and transparency.

Infringements can easily result in serious repercussions affecting the enterprise and possibly its board members and other stakeholders: prosecution, investigations, litigation, penalties, loss of business, sanctions, blacklisting, liabilities, reputational damage, decrease of stock value, and so on.

Hence the prominent role which regulatory compliance has come to play. Full awareness of all applicable rules and codes (including non-binding guidelines relating to social or other community issues, business ethics, sustainability and other, similar matters) has by now become an absolute need. Each company (possibly with the exception of small enterprises) should have programs in place to ensure a sufficient degree of awareness, adequate risk assessment and management, and to warrant appropriate reporting both internally and towards the public.

...to help preventing accidents.

Experts at CMS give advice in all areas of regulatory compliance. Head of the team is Katja van Kranenburg.

  • Corporate Governance: the 2003 corporate governance code as amended, the way it is applied, the principles that are applicable to unlisted companies, conflicts of interest, disclosure requirements. Contact persons: Martijn van der Bie and Erik Vorst.
  • Financial sector: financial supervision, insider trading, rules governing securities' trading, the banking code, disclosure obligations of listed companies, compliance with terms of permits and exemptions. Contact person: Reinout Slot.
  • Insurance sector: sector supervision, supervision of pension funds, risk management for insurance companies. Contact person: Leonard Böhmer.
  • Pharmaceutical industry: regulations applicable to pharmaceuticals, market structure, permits and admission of products, tariffs, compensation and reimbursement systems, budgeting. Contact person: Ellen Gielen.
  • Competition law: national and eu, behaviour in relation to competitors, customers and suppliers; handling of dawn raids. Contact persons: Robert Bosman and Edmon Oude Elferink.
  • Employment law: remuneration policy, non-discrimination, codes of conduct, whistleblower schemes, etc. Contact persons: Katja van Kranenburg and Barbara Veldmaat.
  • Insolvency law: rights and obligations in the event of (imminent) inability to pay, and restructuring of companies in financial distress. Contact person: Marc van Zanten.
  • Data protection and privacy: use and transfer of personal data, the use of email and the internet, 'binding corporate rules'. Contact person: Hendrik Struik.
  • Fraud: tax and economic offences, insider trading, money laundering, bribing, trade restrictions and embargo's. Contact person: Edmon Oude Elferink
  • Administrative law: permits and licences, environmental law, safety legislation, working conditions, food and drink safety and health issues, transparency obligations, availability of information, governmental supervision, official investigations, public enforcement issues (and penalties, withdrawal of permits). Contact person: Luurt Wildeboer.

The services include: performance of a compliance due diligence identifying and describing any relevant risks; bringing existing agreements, general terms, templates,, forms and the like in line with requirements; drawing up manuals for internal use; providing information and training courses to management and staff; drawing up internal codes of conduct and checklists; putting together whistleblower schemes; providing advice on system modifications, including it systems; establishing crisis scenarios.

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Jan 2018
Net­work Shar­ing 3.0
In­fra­struc­ture shar­ing and in­vest­ment 2017
17/11/2016
Health & Safety Com­pli­ance

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July 2018
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30/10/2017
What next for in­ter­na­tion­al data trans­fers?
Sum­mary The Ir­ish High Court has made a pre­lim­in­ary ref­er­ence to the Court of Justice of the European Uni­on (the “CJEU”), ask­ing wheth­er stand­ard data pro­tec­tion clauses (“stand­ard clauses”) are com­pat­ible with the leg­al rights of data sub­jects un­der EU law.
30/10/2017
ECJ Rules on when a com­pany owned by a con­tract­ing au­thor­ity is gov­erned...
IN­TRO­DUC­TION A re­cent rul­ing of the European Court of Justice (ECJ) has con­firmed that a wholly owned sub­si­di­ary of a con­tract­ing au­thor­ity can it­self be re­garded as a ‘body gov­erned by pub­lic law’ and there­fore sub­ject to the pro­cure­ment rules, even where.
20/09/2017
Pub­lic Coun­try-by-Coun­try Re­port­ing; Tax­pay­er­s' Rights
Ap­pro­pri­ate Use of Coun­try-by-Coun­try Re­ports The OECD has now pub­lished Guid­ance (avail­able here) on the ap­pro­pri­ate use of Coun­try-by-Coun­try Re­ports (‘Cb­CRs’) by na­tion­al tax au­thor­it­ies. This is in re­sponse to some val­id MNE con­cerns that tax au­thor­it­ies.
13/09/2017
The ap­plic­a­tion of EU mer­ger con­trol cla­ri­fied: no EC no­ti­fic­a­tion...
In the first ever pre­lim­in­ary rul­ing on the EU mer­ger con­trol re­gime, the Court of Justice of the European Uni­on ("CJEU") brought much needed clar­ity on wheth­er the shift from sole con­trol to joint con­trol in an ex­ist­ing un­der­tak­ing is covered by the EU Mer­ger.
10/07/2017
GDPR ques­tion­naire: 50 ques­tions to identi­fy if your busi­ness is ready
The Bav­ari­an Data Pro­tec­tion Au­thor­ity re­leased a GDPR im­ple­ment­a­tion ques­tion­naire 12 months be­fore the GDPR ap­plies to busi­nesses in Europe. On 25 May 2017, 12 months be­fore the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (“GDPR”) ap­plies to busi­nesses through­out.
21/06/2017
The Ver­dict - Round-up of cor­por­ate crime de­vel­op­ments across CMS
We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to anti-cor­rup­tion laws in the Czech Re­pub­lic, in­clud­ing.
09/12/2016
Are we wit­ness­ing the rise of su­per level eco­nom­ic en­vir­on­ment risks?
In a few years’ time we may look back and say that it was in 2015/2016 when leg­al pro­ceed­ings and re­cent policy changes com­bined to pro­duce mani­fest ser­i­ous trans­fron­ti­er and trans-sec­tor com­mer­cial and eco­nom­ic en­vir­on­ment risk.
05/12/2016
ABS Reg­u­la­tion - Draft Bi­otech Sec­tor Stake­hold­er Guid­ance
Views are be­ing sought from in­ter­ested stake­hold­ers on European guid­ance for the bi­o­tech­no­logy sec­tor con­cern­ing the EU’s ac­cess to ge­net­ic re­sources and shar­ing of be­ne­fits from util­isa­tion le­gis­la­tion – namely the ABS Reg­u­la­tion.