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Compliance

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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23/07/2021
GDPR 3 years on – The greatest hits (and misses)
More than three years have passed since the GDPR ap­plied and a lot has happened in the world of data pro­tec­tion dur­ing that time – fines, class ac­tions, court chal­lenges and more. We give our “playl­ist”...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
09/03/2021
New com­pet­i­tion tools for di­git­al mar­kets – Ger­man com­pet­i­tion law vs....
After the new Ger­man com­pet­i­tion law came in­to ef­fect in Janu­ary 2021, ma­jor di­git­al plat­forms are now af­fected by art­icle 19a of the Ger­man Com­pet­i­tion Act. Un­der art­icle 19a, the Ger­man com­pet­i­tion...
05/03/2021
ECJ rul­ings at­tempt to strike bal­ance in EU gambling sec­tor
In the ab­sence of har­mon­ised EU gambling le­gis­la­tion, mem­ber states have the dis­cre­tion to de­cide the level of pro­tec­tion gran­ted to gambling con­sumers in their re­spect­ive jur­is­dic­tion, ac­cord­ing to the...
09/02/2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
24/11/2020
Schrems II: Re­sponses to the su­per­vis­ory au­thor­it­ies' as­sess­ment and re­com­mend­a­tions...
"Schrems II": Opin­ions of the su­per­vis­ory au­thor­it­ies on Schrems II and re­com­mend­a­tions on the im­ple­ment­a­tion of the judge­ment in in­ter­na­tion­al data trans­fers On 16 Ju­ly 2020, the Court of Justice of...
16/11/2020
Schrems II re­vis­ited: the European data au­thor­ity pub­lishes draft guid­ance...
On 11 Novem­ber 2020, the European Data Pro­tec­tion Board (EDPB) pub­lished two re­com­mend­a­tions that provide guid­ance to com­pan­ies on how to as­sess data trans­fers after the ECJ’s Schrems II de­cision:...
21/08/2020
Trans­port of Goods - EU Mo­bil­ity Pack­age
Back­ground: Reg­u­lat­ory re­quire­ments in the European Road Haulage Mar­ket EU law has been har­mon­iz­ing the reg­u­lat­ory frame­work of the European road haulage mar­ket for over 45 years[1], fo­cused on:...
06/08/2020
First EU cy­ber sanc­tions go live
The EU ven­tured in­to new ter­rit­ory on 31 Ju­ly 2020 by im­pos­ing its first ever cy­ber-sanc­tions un­der Coun­cil Reg­u­la­tion (EU) 2019/796 of 17 May 2019 ("EU-Cy­ber Sanc­tions Reg­u­la­tion"). The new sanc­tions...
02/07/2020
EU agrees new class ac­tion re­gime for con­sumer dis­putes
After a long gest­a­tion, on 30 June 2020 the Coun­cil of the EU pub­lished the text for the col­lect­ive re­dress dir­ect­ive (the “CR Dir­ect­ive”) (text avail­able here). This le­gis­la­tion is in­ten­ded to bet­ter...
10/03/2020
EU Com­mis­sion's White Pa­per on Ar­ti­fi­cial In­tel­li­gence stresses ex­cel­lence...
Ar­ti­fi­cial in­tel­li­gence (AI) has now reached al­most all areas of life: mo­bil­ity, trade and health, to name but a few. As a res­ult, the EU Com­mis­sion has sum­mar­ised its vis­ion for the fu­ture of AI and...
25/02/2020
Pro­tect your con­sumers or pay the price: mega fines for breaches of con­sumer...
Novem­ber 2019 saw the ad­op­tion of the En­force­ment and Mod­ern­isa­tion Dir­ect­ive which amends four ex­ist­ing con­sumer-fa­cing European dir­ect­ives: the Un­fair Com­mer­cial Prac­tices Dir­ect­ive, the Con­sumer Rights...