Compliance

So far the introduction of so-called compliance programs has been considered to be a task of international major corporations willing and capable to treat themselves to such „luxury“ or who are eventually obliged to do so by the legal systems of other states in which they are active. This perception is not correct. National statutory provisions have established a general duty to implement and execute a compliance management system long since. The very law on protection of business secrets creates a duty for each entrepreneur to consider the implementation of at least a partial system, related to the protection of the company’s know-how. It is in particular the economic side effects of an adequate compliance management system that could be the true motive for its implementation. The evidence of a functioning system (as such) may not only contribute to the reduction of civil and criminal liabilities, but also to secure claims for trade secrets and thereby contribute to a medium-term to long-term reduction of costs (in particular reduction of insurance premium for D&O and other pecuniary damage liability insurances).