Compliance in Central and Eastern Europe
The subject of compliance is gaining more significance in Central and Eastern Europe. It concerns multinational groups and middle-sized companies and includes a wide spectrum of problems relating to the areas of criminal law, but also employment law, competition law, tax law, personal data protection, etc.
Compliance is not a novelty. It only is merely a new term for the already existing requirements for the observance of legislation and internal regulations. The majority of them is the result of ethical business practices, such as “no corruption”, “no anti-competitive agreements,” and “no discrimination”. The majority of the terms have been introduced into legislation before they were associated with the term “compliance”. However, it is the strict interpretation of legislation and the related penalties for breaching the legislation that are new.
The Czech Republic was the last EU Member State to enact criminal liability of legal persons. In other EU Member States, the criminal liability of legal persons was enacted some time ago. In Russia, a similar draft legislation which should institute the criminal liability of legal persons has already been prepared. Apart from the national legislation, the British Bribery Act or the American Foreign Corrupt Practices Act may also apply in a number of cases.
PETERKA & PARTNERS offers its clients complex legal services in the entire region, namely in the following areas:
- analysis of the law and the related risks for non-compliance with the law in individual Central and Eastern European countries
- reviewing or drafting internal norms for legal persons with the aim of limiting the risks of offences committed by employees and persons in a similar position to the legal person
- drafting and introducing appropriate compliance programmes
- drafting or amending the methodology for inhibiting, preventing and detecting criminal activity
- training and testing of responsible persons (compliance training)
- evaluating the effectiveness of internal controls and keeping records of the said controls
- reviewing current outsourcing contracts from the compliance perspective
- reviewing employment contracts from the compliance perspective