{"title":"文章：德国雇佣关系中的行为准则--充分实施合规和数据保护的措施？","authors":"Vagelis Papakonstantinou, Daniel Wasser","doi":"10.54648/eulr2024014","DOIUrl":null,"url":null,"abstract":"Compliance as well as Compliance-Management-Systems, Codes of Conduct and General Data Protection Regulation are widely known terms in any (multinational) corporation. In daily legal practice, however, Codes of Conduct containing or being combined with Codes of Conduct according to Art. 40 GDPR (GDPR codes) are unlikely to being drafted or published. Particularly by employers and thus corporations. This is for a good reason. Addressing codes of conduct within corporations, it is not yet comprehensively analyzed whether GDPR codes may be lawfully drafted by corporations or – if drafted lawfully – whether these are appropriate measures within employers’ Corporate Compliance-Management-Systems.\nAiming to contribute to the discussion in this respect, this paper contours possible considerations of the analysis explicitly encouraging colleagues to critically think of this topic as well. Eventually, if GDPR codes are appropriate measures, lawfully and comprehensively implementing compliance codes is nevertheless essential in any case.\nCompliance-Management-Systems, Codes of Conduct, General Data Protection Regulation, Employee Data Protection, Compliance codes, GDPR codes, Compliance","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":"318 ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Article: Codes of Conduct in German Employment Relationships – A Measure to Adequately Implementing Compliance and Data Protection?\",\"authors\":\"Vagelis Papakonstantinou, Daniel Wasser\",\"doi\":\"10.54648/eulr2024014\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Compliance as well as Compliance-Management-Systems, Codes of Conduct and General Data Protection Regulation are widely known terms in any (multinational) corporation. In daily legal practice, however, Codes of Conduct containing or being combined with Codes of Conduct according to Art. 40 GDPR (GDPR codes) are unlikely to being drafted or published. Particularly by employers and thus corporations. This is for a good reason. Addressing codes of conduct within corporations, it is not yet comprehensively analyzed whether GDPR codes may be lawfully drafted by corporations or – if drafted lawfully – whether these are appropriate measures within employers’ Corporate Compliance-Management-Systems.\\nAiming to contribute to the discussion in this respect, this paper contours possible considerations of the analysis explicitly encouraging colleagues to critically think of this topic as well. Eventually, if GDPR codes are appropriate measures, lawfully and comprehensively implementing compliance codes is nevertheless essential in any case.\\nCompliance-Management-Systems, Codes of Conduct, General Data Protection Regulation, Employee Data Protection, Compliance codes, GDPR codes, Compliance\",\"PeriodicalId\":53431,\"journal\":{\"name\":\"European Business Law Review\",\"volume\":\"318 \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Business Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.54648/eulr2024014\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Business Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54648/eulr2024014","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Article: Codes of Conduct in German Employment Relationships – A Measure to Adequately Implementing Compliance and Data Protection?
Compliance as well as Compliance-Management-Systems, Codes of Conduct and General Data Protection Regulation are widely known terms in any (multinational) corporation. In daily legal practice, however, Codes of Conduct containing or being combined with Codes of Conduct according to Art. 40 GDPR (GDPR codes) are unlikely to being drafted or published. Particularly by employers and thus corporations. This is for a good reason. Addressing codes of conduct within corporations, it is not yet comprehensively analyzed whether GDPR codes may be lawfully drafted by corporations or – if drafted lawfully – whether these are appropriate measures within employers’ Corporate Compliance-Management-Systems.
Aiming to contribute to the discussion in this respect, this paper contours possible considerations of the analysis explicitly encouraging colleagues to critically think of this topic as well. Eventually, if GDPR codes are appropriate measures, lawfully and comprehensively implementing compliance codes is nevertheless essential in any case.
Compliance-Management-Systems, Codes of Conduct, General Data Protection Regulation, Employee Data Protection, Compliance codes, GDPR codes, Compliance
期刊介绍：
The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.
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