Having an effective compliance policy and culture in place is essential to prevent violations, but what do you do when a compliance breach actually occurs? Depending upon the nature of the breach, the context in which it occurred and how it surfaced (as a result of a dawn raid, audit, whistleblower or internal investigation ?) a company will have to develop an effective strategy to mitigate risk. An obvious mishap will require a different approach than a rogue employee knowingly violating the law or a breach that appears to have been covered up.
Knowing what to expect from the enforcement agencies and how to respond to them is crucial in developing a successful response strategy. When faced with a disclosure or an investigation you should be well aware of your obligations, but also – more importantly- of your rights. Defendants unfortunately have been known to respond to questions overeagerly, give access to premises protected by law or to waive privilege by failing to indicate that attorney-client communications are confidential.
What are your rights in case of a dawn raid or audit ? Where does the protection of legal privilege end ? To disclose or not to disclose ? May the enforcement agency exchange your data with other agencies in other jurisdictions ? What are the duties and liabilities of directors and board members ? How to communicate in case of breaches ?
Keynote: How to develop an efficient communication strategy when things go wrong ?
In addition to mapping and managing the legal risks, a company should also include reputational risks in its assessments as the latter can seriously damage the relationship with your suppliers, customers and investors. In this respect, swift and clear communication is of the essence. A seasoned corporate communication expert will share the do’s & don’ts.
Competition Law compliance - How to act when the competition authority arrives at your doorstep?
Competition authorities can unexpectedly conduct an investigation at the premises of a company. This is called a “dawn raid”. The presentation explains what to expect when a competition authority conducts a dawn raid at your company and gives guidance on how to avoid the most common pitfalls.
Don’t come knocking on my door – on (un)announced visits by the social inspection serviceEvery HR Manager’s heart skips several beats when the social inspection announces a visit, or shows up on the doorstep unannounced. What powers do the inspection services have? What do they look for? Just how far should your spirit of cooperation reach ? Can they interview your employees? Do they exchange information with their colleagues, such as the tax authorities? What trends do we see ? Let's go through the ins and outs of a social inspection visit together.
Dawn raids by the new Belgian Data Protection Authority: what to expect?
Do we expect the Authority to start conducting dawn raids soon? Do they have unlimited powers or are there limits to what they can ask you to disclose or do? How can you contest their decisions? And how can you prepare both your management and your staff for a ‘privacy dawn raid’?
How to ensure tax compliance in a globalised world ?
Tax administrations are co-operating cross-border via various tools such as exchange of information and joint audits. What do these measures mean for your company and what are your rights ?
Voluntary Disclosures in Customs & Trade: Whether, When and To Whom
Customs agents have extensive powers to investigate possible violations, but what do you do when you discovered a breach yourself ? The first strategic question to address is whether to notify the authorities about the issue or not. For this assessment, one should consider whether there are mitigating factors that can be invoked, check what the potential penalties and sanctions and which corrective measures you can meanwhile initiate.
Where does the protection of legal privilege ends ?
What is the scope of legal privilege in Belgium ? How far goes the protection in cross border investigations ? Are in-house counsels protected by legal privilege ? How is legal privilege waived ?
When s**** hits the fan – an update on director’s liability
Even in a well-organised and prudent organization, compliance can have a bad hair day and things can go (seriously) wrong. As ultimate responsible body, the role and responsibility of the board of directors, and more specifically its members, might be scrutinised, leading to director’s liability. The upcoming legislative changes in company and civil law are about to make important modifications to the long standing principles of director’s liability. Time for an update.
Should you require any further details about the seminar, please do not hesitate to contact Events.Belgium@loyensloeff.com.