The legal side of IT compliance
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The Cyber Attack, Trojans and viruses briefly explained
Everyone, who has ever experienced a system failure or suffered data loss, White, how vulnerable we are in the daily work in the office, in production and increasingly on the go. Especially those that have increased drastically in the recent past, Targeted attacks on company networks reveal the dimension of the problem. Eine erfolgreiche Attacke kann sensible Unternehmensdaten in falsche…
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The legal side of IT compliance
horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. 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, dass die jeweils geltenden rechtlichen Regeln und anerkannten gesellschaftlichen Werten und…
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The use of the image of a prominent person on the Internet as a “Clickbait” violates the right to one's own image
b) The use of the image of a prominent person on the Internet as a “Clickbait” (“Click queues”) without editorial reference to this intervenes in the property-law allocation content of your right to your own image. c) A celebrity doesn't have to accept, that your portrait is used by the press free of charge to advertise editorial contributions, that do not concern them. BGH…
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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
horak.
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Outsource to external service providers through IT outsourcing
IT outsourcing is a process, where companies or organizations outsource their IT tasks to external service providers. This can include a variety of IT tasks, such as the development of software, the management of networks, maintaining hardware and supporting end users. There are many reasons, why companies consider IT outsourcing. horak. LAWYERS/ LAWYERS…
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What regulation for artificial intelligence is the EU planning??
The European Commission has a white paper on artificial intelligence (Of) published. This white paper provides a comprehensive strategy and proposal for regulating AI in the European Union. Key elements of the White Paper included:: Classification of AI systems: The white paper proposed classifying AI systems into different categories, based on their risk level. Dabei wurden…
