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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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19/09/2023
Trading of crypto-as­sets in detail
The Markets in Crypto-As­sets Regulation (MiCAR) sets down a harmonised regulatory framework for service providers known as crypto-asset service providers (CASPs), which carry out activities with crypto-as­sets...
11/09/2023
Summer Snapshot: Tech and Data Highlights You Might Have Missed
Have you taken a break from your usual spot in front of the computer screen over the past few weeks? No worries, this article provides a succinct overview of the significant advancements in the world...
30/08/2023
CBAM Implementing Regulation and Extensive Additional Reporting Guidance...
Earlier this month, the European Commission (“EC”) adopted an Implementing Regulation (“IR”) and released extensive Guidance Documents (“Guid­ance”) on the prac­tic­al­it­ies of reporting re­quire­ments...
11/07/2023
10 key aspects of the notification form for con­cen­tra­tions under the Foreign...
On 10 July 2023, the European Commission adopted the Implementing Regulation and the notification form for con­cen­tra­tions under the Foreign Subsidies Regulation (EU) 2022/2560 (FSR), shortly before the...
10/07/2023
EU regulation mandates crypto-asset white paper
1. Definition of the crypto-asset white paperIn order to establish a harmonised framework for markets in crypto-as­sets in the EU, the MiCAR introduces minimum standards and disclosure requirements for...
27/06/2023
New EU sanctions against Russia (11th package)
On 23 June 2023, the EU adopted its 11th sanctions package against Russia. After weeks of internal negotiations EU Member States agreed on a set of additional measures which tackle cir­cum­ven­tion and extend...
26/06/2023
Overview of the competent authorities under MICAR
Building on the CMS series of articles “Legal experts on Markets in Crypto-As­sets (MiCA) reg­u­la­tion”, this new article describes the powers of the competent authorities of EU member states, the European...
20/06/2023
ARTs in detail
EU regulation MICAR now regulates as­set-ref­er­enced tokens1. DEFIN­I­TION OF ARTSMiCAR defines As­set-ref­er­enced tokens (ARTs) as a type of crypto-asset that is not an electronic money token and that purports...
14/06/2023
The scope of application of the Markets in Crypto-as­sets Regulation
In April 2023, the Markets in Crypto-as­sets Regulation (MiCAR) was ratified becoming the first regulatory framework for crypto-as­sets with the strategic goals of protecting consumers, investors and market...
14/06/2023
EU creates regulatory framework for crypto-asset service providers
The EU regulation on markets in crypto-as­sets (MiCAR) sets down a harmonised regulatory framework for service providers, known as crypto-asset service providers (CASPs), carrying out activities in relation...
26/05/2023
Performing services in a de­cent­ral­ised manner under MiCAR
At the end of April 2023, the European parliament decided on a uniform regulation of crypto assets across the EU by voting on the MiCA regulation (i.e. markets in crypto-as­sets). The intended in­nov­a­tions...
24/05/2023
DeFi and MiCA: How much de­cent­ral­isa­tion is enough?
The European Union Council has recently adopted a regulation on Markets in Crypto-As­sets (MiCA) that applies to crypto-as­sets, their issuers and service providers, and covers a range of services that...