The legal side of IT compliance
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Warranty conditions are part of the purchase contract
Warranty conditions are an important part of every sales contract. They give the buyer security, that the product purchased or the service provided meets the agreed requirements and, in the event of defects or defects, will be repaired or replaced. Typically, warranty terms are set by the manufacturer or seller of the product or service. These conditions can ever…
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In the area of the IT landscape, legal regulations prevail, internal and contractual regulations. In corporate management, we can use the term IT compliance to describe compliance with regulations.
Compliance means only in itself, that the applicable legal rules and recognized social values and norms are always observed in the context of all corporate activities.
Already in the light of the existing regulation density for companies and entrepreneurs, cross-border activities, Due to the increasing regulation and in particular the special liability for the management bodies, every company today has to operate a compliance management system.
Lawyer Dipl.-Ing. Michael Horak, LL.M.
Risky areas of IT compliance
In doing so, the risky areas in every company must be identified in particular and then measures to reduce liability for the company and avoid liability in favor of the management body, such as the managing director in particular, board of directors, Supervisory Board to be implemented. The IT area of a company is often one of the risky areas; IT companies themselves operate in a risky industry. IT-Outsourcing, Cloud Computing, Mobile services lead to even greater demands on IT compliance.
governing bodies are liable
According to § 93 Abs. 2 AktG the management bodies of a stock corporation are liable for violations of their organisation- and personal monitoring duties. For (the) This applies accordingly to the managing director of a GmbH § 43 Abs. 2 GmbHG i.V.m. § 93 Abs. 2 AktG.
The members of the governing bodies bear the burden of proof with regard to the fulfillment of their duties. In correlation with the industry and size of the company as well as its national or international orientation, liability risks increase for both the company and – particular – also for the governing bodies.
IT-Compliance Organisation
The competent organization of correct behavior in the company as well as proof of an IT compliance organization, are therefore at least advantageous for the following topics:
- Minimizing the liability risks of the company and the personal liability of the governing bodies
- Award of public and private contracts
- credit-worthiness, Lending and Conditions
- Avoidance of criminal proceedings and administrative offences
- Going Public
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