compliance & internal investigations news
Read through our compliance & internal investigations team's articles, publications and news.
Bulgaria: Working remotely during the COVID-19 crisis - Is the risk for your trade secrets remote?
As the COVID-19 pandemic has rapidly spread across Europe, more and more companies have been forced to implement remote working arrangements for their employees.
Bulgaria: Deadline for Update of AML Internal Rules
Under Bulgarian anti-money laundering law, all obliged entities must adapt their internal rules in accordance with Article 101 of the Bulgarian Anti-Money Laundering Act ("AMLA") within six months following the publication of a national assessment of the risks related to money laundering and terrorism financing ("National Risk Assessment") on the website of the State Agency for National Security ("SANS").
The impact of the 5th Anti-Money Laundering Directive
The 5th Anti-Money Laundering Directive1 ("AMLD") to amend the current EU Anti-Money Laundering ("AML") regime must be transposed into national law by 10 January 2020.
Cyber-attacks and business secrets - Protection under criminal law
Business secrets are essential assets of companies, and are often the reason for a company having a competitive lead in a market. Thus, they constantly seek to develop new technologies, algorithms or software to create such intangible assets.
24 June 2019
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A basic primer to internal investigations in CEE
Legal Alert for Approaching Deadline of UBO Registration
Bulgarian anti-money laundering law requires that companies and other entities having their seat in Bulgaria register their ultimate beneficial owner(s).
Increased and uniform protection is coming: EU adopts new rules protecting and encouraging whistleblowing
Scandals from Danske Bank to LuxLeaks and the Panama Papers would never have come to light were it not for insiders who dared to expose major wrongdoings within companies and organisations.
Romania: Cybersecurity - call for action for major companies in critical sectors
The first piece of EU-wide legislation on cybersecurity is expected to be transposed into Romanian law anytime now, bringing into play enhanced system security obligations for major companies in certain sectors, as well as fines of up to 5 % of non-compliant companies' turnover.
Austria/CEE: Schoenherr establishes task force dedicated to corporate investigations & crisis management
Schoenherr is launching a new task force dedicated to "corporate investigations & crisis management".
Austria: Increased due diligence obligations for shareholder creditors?
The Austrian Insolvency Code provides for the possibility to challenge certain disadvantageous transactions carried out by the debtor after material insolvency has occurred, especially if the creditor knew or should have known of its debtor's material insolvency.
Health and safety at work in Romania: What companies need to know to be safe
Failure to take or observe the mandatory measures for health and safety at work may entail, among other types of liability (e.g. civil, administrative), potential criminal liability for employers.
Non-compliance in the Healthcare Sector - Iceberg ahead! - Austria
If anyone needed a wakeup call as to how critical a functioning compliance system and culture is, look no further than the recent reports in the Austrian media about allegations of fraud launched against a surgeon working at one of Vienna's most renowned public-sector hospitals.
Austria/SEE: Schoenherr advises immigon and VR-Leasing on sale of VB-Leasing International
Schoenherr has advised German VR-Leasing AG ("VR-Leasing"), a leasing subsidiary of DZ Bank, and Austrian immigon portfolioabbau ag ("immigon"), the wind down company of the former Österreichische Volksbanken-Aktiengesellschaft, on the sale of VB-Leasing International to a consortium of partners consisting of APS, a leading CEE/SEE distressed debt investment advisor and manager, Nomura, the Asia-headquartered financial services group, and Balbec Capital, a global private investment firm.
Romania: Significant changes to the payment of contravention fines
The payment methods of contravention fines have been simplified as of 24 August 2018 by Act No. 203/2018, on the measures to increase the efficiency of the payment of contravention fines, published in the Official Gazette, Part I, no. 647 of 25 July 2018 (the "Law"). The Law sets forth measures aimed at facilitating the payment of contravention fines.
Romania: One step closer to enforcing Fourth AML Directive: changes for private companies regarding ownership transparency
Following the entry into force of the Fourth Anti-money Laundering (AML) Directive (2015/849) in 2015, Ireland, Greece, the Netherlands and Romania are still in the process of passing appropriate implementation measures into national law. As such, they have exceeded the 26 June 2017 transposition deadline by one year.
Austria: Responsibility to investigate - an update on avoidance risks
Following the opening of insolvency proceedings, the insolvency receiver typically tries to enlarge the insolvency estate by asserting voidance claims. Legal acts that occurred within certain suspect periods prior to the opening of insolvency proceedings might be declared void. Creditors may mitigate certain avoidance risks by investigating the debtor's financial situation when conducting legal transactions.
A "private sphere" for entrepreneurs – are you ready for the new Trade Secrets Directive?
While companies generally do not have a right of privacy (at least under Austrian law), the protection of trade secrets has a somewhat similar objective: to grant leeway for development, which others must respect.
Zum Aussageverweigerungsrecht im Rahmen von unternehmensinternen Untersuchungen
Durch immer umfassendere Regulierungen steigt für Unternehmen das Risiko, ins Visier von Strafverfolgungsbehörden zu geraten. Zur Aufklärung möglicher Straftaten werden daher häufiger unternehmensinterne Untersuchungen, sog Internal Investigations, durchgeführt.
Romania: Authorities Start Imposing Sanctions for Lack of Fire Safety Authorisations
From 1 October 2017, the Romanian fire safety authorities may start imposing sanctions on the beneficiaries of existing construction projects in Romania who failed to obtain (or at least apply for) the mandatory fire safety authorisation.
Austria: Schoenherr named "Austrian Law Firm of the Year" and awarded for "European Restructuring Deal: HETA" by IFLR
Schoenherr was named "Austrian Law Firm of the Year" by renowned legal publisher International Financial Law Review ("IFLR") at the IFLR European Awards Ceremony held in London on 20 April.
Protecting your trade secrets in the EU
A new EU Directive aimed at protecting know-how and business information can strengthen the position of your start-up if you take the necessary precautionary measures.
Whistleblowers' Protection Blowing the whistle on company wrongdoings, made easy
Say one of your employees obtains (or believes he/she has obtained) information on illegal or harmful activities in a work-related context (such as data protection breaches, money laundering, or tax fraud).
