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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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02/11/2022
Of­com changes its ap­proach to net neut­ral­ity: how the UK might spear­head...
Over the course of the last 12 months, a num­ber of im­port­ant de­vel­op­ments in net neut­ral­ity have taken place at EU level: cer­tain pre­lim­in­ary rul­ings res­ul­ted in the European body of telco reg­u­lat­or...
01/11/2022
Di­git­al Mar­kets Act (DMA) comes in­to force on 1 Novem­ber 2022
The Di­git­al Mar­ket Act (DMA) was pub­lished in the Of­fi­cial Journ­al of the European Uni­on on 12 Oc­to­ber, and it will enter in­to force on 1 Novem­ber. Large di­git­al plat­forms that of­fer core plat­form ser­vices...
05/10/2022
2022 ‘Blue Guide’ – the up­dated EU product rules
On 29 June 2022 the European Com­mis­sion pub­lished its re­vised ‘Blue Guide’ on the im­ple­ment­a­tion of EU product rules. For over 20 years, the Blue Guide has been one of the main ref­er­ence doc­u­ments...
24/06/2022
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
26/05/2022
Schrems II: Re­ac­tions to the judge­ment and the su­per­vis­ory au­thor­it­ies'...
“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...
12/05/2022
10 key as­pects of the re­vised EU com­pet­i­tion law in the field of dis­tri­bu­tion...
The new Ver­tic­al Block Ex­emp­tion Reg­u­la­tion (VBER) and the new ac­com­pa­ny­ing Ver­tic­al Guidelines (VGL) were pub­lished on 10 May 2022. The new VBER will enter in­to force on 1 June 2022 and ap­ply for the...
07/03/2022
EU and UK Sanc­tions against Rus­sia: a fo­cus on the Fin­an­cial Sec­tor
In re­cent days the EU and the UK have ad­op­ted and ex­pan­ded a num­ber of  sanc­tions meas­ures against Rus­si­an and Be­larus­i­an in­di­vidu­als and com­pan­ies. This art­icle fo­cuses on re­strict­ive meas­ures dir­ec­ted...
24/02/2022
Have you already filed the re­quired doc­u­ments on in­tern­al archiv­ing pro­ced­ures...
If not, we have news… The His­tor­ic­al Archives of Bel­grade have an­nounced on their web­site that it is still not pos­sible for com­pan­ies that have not filed to sub­mit the re­quired doc­u­ments on in­tern­al...
02/02/2022
CMS strengthens its lead­er­ship team in CEE
Nedeljko Vel­is­avljević pro­moted to CEE Part­ner
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...
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...