We identify risks, support the establishment and further development of effective compliance structures and provide strategic advice to companies and public clients with a profound organizational understanding.
We carry out both holistic compliance risk analyses and area-specific analyses, particularly in the area of corruption prevention. We are also familiar with in-depth procedural vulnerability analyses.
With practical experience and as sought-after speakers on topics relating to the establishment and further development of compliance management systems, we provide precise advice to reduce liability risks for managers.
The establishment and operation of internal reporting offices is mandatory for companies and public authorities. Only small units with fewer than 50 employees are exempt. Companies and whistleblowers personally run a high risk of fines and liability if the obligations under the Whistleblower Protection Act - in particular the confidentiality requirement - are not implemented in accordance with the law.
We advise on the establishment of reporting offices, the conclusion of company agreements, conduct in-house training courses for reporting office officers, evaluate and classify information in a legally secure manner and clarify suspicious situations for companies.
Dr. Rostalski is a member of the Vereinigung deutscher Vertrauensanwälte e.V., the working group "Internal Investigations & Whistleblower Systems" of the Deutsches Institut für Compliance e.V. and a regular speaker on the establishment of whistleblower systems in the private and public sector, e.g. at TÜV Rheinland and the Deutscher Beamtenbund.
In the event of misconduct by employees and managers, the professional clarification of the suspected situation plays a key role in reducing further risks for the organization and managers.
Internal investigations are mandatory in the event of suspicions. This follows from the principle of legality and, in terms of special legislation, from the Whistleblower Protection Act and, in the case of MeToo allegations, from the General Equal Treatment Act (AGG).
Apart from this, they help to remedy misconduct, enforce claims for damages, avert entry in the competition register, strengthen the compliance culture in the company and reduce the risk of fines and reputational damage.
We conduct internal investigations for companies and authorities and accompany investigations conducted by company employees.
We ensure a professional, prompt, thorough, court-proof, objective and confidential investigation.
We file criminal charges for private individuals and companies in the event of suspicion, suggest suitable investigative measures and accompany the proceedings in close cooperation with the responsible public prosecutor.
The orderly and legally sound presentation of the suspected situation and the statement on investigative measures help to promote criminal proceedings and make their results effectively usable in accompanying civil proceedings.
The new AI Act / AI Regulation represents the world's first comprehensive regulation of artificial intelligence. Providers and operators of artificial intelligence in particular will be confronted with new obligations depending on the risk profile of the application. We advise on the classification of AI systems and the implementation of compliance obligations under the AI Act / AI Regulation.
We also advise on the implementation of AI guidelines in companies and public authorities.
For operators of AI systems, we offer mandatory AI competence training for employees who work directly or indirectly with AI systems in accordance with Art. 4 of the AI Regulation. This is a legal obligation that will come into force on February 2, 2025. In addition to a large number of companies, the training obligation also applies in particular to colleges/universities and public authorities.
Prof. Dr. Dr. Frauke Rostalski is the author of numerous specialist publications on the new AI Act and a member of renowned research committees (including KI-NRW) on the topic of AI compliance. Lawyer Dr. Tony Rostalski is a lecturer on AI compliance at the academy of the leading digital association Bitkom.
Our focus in the area of anti-corruption compliance is on the establishment and further development of anti-corruption prevention in the public sector (municipalities, public law institutions). In particular, we assume the legal obligation to carry out risk analyses in accordance with the anti-corruption laws of the federal states (KorruptionsbG) and create a risk atlas after identifying areas of work that are particularly at risk of corruption. In this context, we carry out vulnerability analyses in areas with a particular risk of corruption. The aim of this process analysis is to reveal any weaknesses in the workflow in order to be able to compensate for these with tailored (risk-reducing) measures.
We advise on the creation of service instructions and guidelines on the topic of anti-corruption and conduct in-house training courses as part of compliance communication (multiplier training for managers and customized anti-corruption training for employees).
Dr. Tony Rostalski is a member of the Anti-Corruption Competence Centre of the Academy of the German Civil Service Association and a lecturer on the topics of anti-corruption and compliance risk analysis at the Kommunales Bildungswerk and the Academy of the German Bar Association , among others.
As experts in our field, we are sought-after speakers on various compliance topics at the leading training institutes in the business and public sectors (including Haufe Akademie, TÜV Rheinland Akademie, Kommunales Bildungswerk and Akademie des Deutschen Beamtenbundes). In addition, we offer in-house training courses for companies and public authorities that are tailored directly to the needs of the specific organization.
Examples include compliance training for managers and employees, specialist training on the Whistleblower Protection Act (Section 15 (2) of the Whistleblower Protection Act for reporting officers), "dawn raid" exercises on how to behave in the company during house searches and AI competence training. Please feel free to contact us.