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The scope of regulatory requirements, anti-corruption legislation and codes of conduct is growing and becoming more complex. For you (whether you are on the board, in senior management or a rank and file employee) and equally for your company, the economic consequences of breaches in any of these areas can be extremely far-reaching. We advise both large concerns and small to mid-sized enterprises (SME's) in the design of compliance programmes, primarily to prevent the occurrence of breaches and to minimise the legal consequences if they should occur.

Working with CMS means working with a partner who always keeps the big picture in mind, yet works side by side with you when it comes to the details of different situations: we will always be at your side during major crisis situations, yet equally, our goal is to design a successful, efficient and customised compliance programme which is closely aligned with the day-to-day needs of your business.

In times of crisis, the key first step is to establish the facts. We can support you with forensic investigations, in fact we frequently lead such investigations, often in collaboration with the members of a forensic audit team. Once the facts are established, we present management with the potential legal consequences (in terms of civil, corporate, labour or criminal law).

A key feature in the design of any effective compliance programme is that it is closely tailored to the specific nature of your business, i.e. it should not try to be all-encompassing, nor should it be too narrow, plus it should incorporate an international perspective.

We are familiar with the main legal areas to be addressed by compliance programmes: anti-corruption legislation, employment laws, international trade and export laws, data protection, corporate law, industrial property rights, capital markets, anti-trust laws, medical and pharmaceutical products, product liability, taxation, criminal law, company transactions, environmental law, public procurement and competition law.

You can benefit from our extensive experience with international anti-corruption legislation, in particular with the USA (FCPA) and the UK (UK Bribery Act). The consideration of international anti-corruption legislation is particularly relevant for companies with international operations and, working in many cases in tandem with other offices in the international CMS network, we can advise you on compliance issues as they relate to international regulations.

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Ser­bia no longer un­der FATF Anti Money Laun­der­ing mon­it­or­ing
As part of its on-go­ing re­view of com­pli­ance with the anti-money laun­der­ing/ com­bat­ing the fin­an­cing of ter­ror­ism (AML/CFT) stand­ards, the Fin­an­cial Ac­tion Task Force (FATF) fol­low­ing the FAT­F's ses­sion that took place from 16 to 21 June 2019, Ser­bia will no.
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware de­veloper YouZi in­fringed on copy­right or simply ex­ploited.
McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open...
After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false hope? When Co­logne Re­gion­al Court is­sued an in­junc­tion in.
Open Source Com­pli­ance
Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.
Ser­bi­an Crim­in­al Code amended pro­vi­sions in re­la­tion to white-col­lar...
Fol­low­ing ad­op­tion of amend­ments to the Ser­bi­an Crim­in­al Code (“Code”) as well the Law on Or­gan­iz­a­tion and Jur­is­dic­tion of State Bod­ies in Com­bat­ing Or­gan­ized Crime, Ter­ror­ism and Cor­rup­tion (“Law on Or­gan­ized Crime”) en­acted by Ser­bi­an Par­lia­ment in late 2016,.
Ser­bia iden­ti­fied as jur­is­dic­tion that has stra­tegic AML/CFT de­fi­cien­cies
As part of its on-go­ing re­view of com­pli­ance with the anti-money laun­der­ing/ com­bat­ing the fin­an­cing of ter­ror­ism (AML/CFT) stand­ards, the Fin­an­cial Ac­tion Task Force (FATF) iden­ti­fied Ser­bia, along oth­er coun­tries, as jur­is­dic­tions that has stra­tegic AML/CFT.
The Ser­bi­an Par­lia­ment passed a new Law on Pre­ven­tion of Money Laun­der­ing...
On 14 Decem­ber 2017, the Ser­bi­an Par­lia­ment passed a new Law on Pre­ven­tion of Money Laun­der­ing and Fin­an­cing of Ter­ror­ism (“Law”). The main reas­on for the ad­op­tion of the new Law, in which more than half of the art­icles were changed, is the need to har­mon­ize.