Managing investigations is critical component of compliance
Effectively managing corporate investigations is an important component of a solid compliance management system. Members of our regional Investigations, Crisis Response and Compliance team from 13 jurisdictions have drafted this essential guide on conducting corporate investigations in Central, Eastern and Southeastern Europe (CEE/SEE), highlighting key takeaways specific to the region as well as the latest legal developments and trends.
The Wolf Theiss Corporate Investigations Guide includes:
→ Regional trends as gathered by our compliance specialists across CEE/SEE and an outlook for developments in 2023
→ Country-level analysis for 13 key jurisdictions in the region including: Albania, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic, Hungary, Poland, Romania, Serbia, the Slovak Republic, Slovenia and Ukraine
→ Point-by-point breakdown of critical topics in each country including:
• Obligation to investigate conduct internally
• Planning and structuring internal investigations
• Confidentiality and legal privilege
• Collecting and processing data and data privacy protection
• Interviewing employees
• Criminal proceedings against the company
Impact of foreign anti-corruption laws remains key driver, but new trends are emerging
As most countries in CEE/SEE have adopted corporate criminal liability legislation, companies have an even greater incentive to follow up on any allegations or findings from internal reports by conducting a corporate investigation. All over the world and increasingly in CEE/SEE as well, regulators are requesting proof that corporate investigations are embedded in compliance management systems and that they are being conducted effectively.
→ Most of the corporate investigations we have been involved in have been prompted by the impact of foreign laws such as the US Foreign Corrupt Practices ACT (FCPA), the UK Bribery Act and the French Sapin II anti-corruption legislation. We are also seeing an increasing number of corporate investigations conducted for Nordic-headquartered companies. Although it is still true that most allegations relate to corruption and bid rigging, we have also seen an increase in employment-related investigations concerning allegations of harassment.
→ Another trend relates to third-party related investigations, which have been primarily triggered by the German supply chain law entitled “Lieferkettensorgfaltspflichtgesetz”. Clients need to be aware of certain CEE/SEE specific considerations, such as reporting duties relating to misconduct such as bribery, which require clients to involve external lawyers in their misconduct investigations because only external lawyers would be exempt from those reporting duties.
→ And of course, companies are investigating potential breaches of the sanctions imposed on Russia and Belarus in response to the Russian war in Ukraine, as well as breaches of anti-money laundering legislation.
Our specialists are available to answer your questions about how to structure corporate investigations or to help manage any issues currently underway.
Head of firm-wide Corporate Investigations Practice Group
↓ Access the full guide below ↓
WT Corporate Investigations Guide