Marcel T. Michaelis, Federico Mercuri, Nicholas Schoch, Alexis Ollivier
{"title":"Compliance Standards in Continental Europe – Same, Same but Different!?","authors":"Marcel T. Michaelis, Federico Mercuri, Nicholas Schoch, Alexis Ollivier","doi":"10.1163/22134514-bja10052","DOIUrl":null,"url":null,"abstract":"\nThis article deals with the ever-present hot topic of compliance and the related standards for a compliance management system (cms) in Continental Europe. It covers the existing legal regulations, the current case law, and the latest developments in Germany, France, and Italy with regard to the requirements for an effective cms. It also takes a look at the criteria that top management must fulfil in order to meet individual compliance requirements – and minimize the risk of liability. In addition, the authors also put the new iso standard 37301:2021 under the microscope and identify a common ground between the various national positions.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Journal of Comparative Law and Governance","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/22134514-bja10052","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
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Abstract
This article deals with the ever-present hot topic of compliance and the related standards for a compliance management system (cms) in Continental Europe. It covers the existing legal regulations, the current case law, and the latest developments in Germany, France, and Italy with regard to the requirements for an effective cms. It also takes a look at the criteria that top management must fulfil in order to meet individual compliance requirements – and minimize the risk of liability. In addition, the authors also put the new iso standard 37301:2021 under the microscope and identify a common ground between the various national positions.
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