Our goal is to help clients achieve their operational, financial and strategic objectives while ensuring legal and regulatory compliance and fostering a culture of ethical behaviour and integrity.
Compliance has become a key concern not only in the financial sector but in business circles as a whole. Compliance can be defined as respect for all rules and regulations relevant to a business, possibly including corporate governance, conflicts of interest, insider dealing, anti-corruption and fraud, money laundering, data protection and privacy, cybersecurity, licenses and permits, competition, HSSE and human rights.
Companies are increasingly adopting compliance programmes to identify, prevent, mitigate and resolve potential compliance risks as early as possible.
Compliance risks vary from one company to another and depend on the company's activities and sector, the geographic area in which it is active, etc. A compliance programme should therefore be specifically tailored to each company's business profile.
Compliance consists of both prevention and remediation. Prevention entails measures and procedures adopted to prevent compliance issues from arising whereas remediation refers to the steps taken to address and remedy compliance issues once they arise. NautaDutilh has extensive experience in both areas:
1. Prevention: the compliance programme as a tool to identify, prevent and mitigate risks
The main goal of a compliance programme is to identify, prevent and mitigate risks. Therefore, it's important to ensure sufficient compliance awareness at each level and put in place appropriate internal measures and procedures.
Thanks to our extensive knowledge of compliance we can assist you in assessing your compliance risks and provide you with customised solutions, including:
- due diligence, audits and monitoring;
- codes of conduct, policies, notices, questionnaires, contractual clauses, etc.; and
- tailor-made training courses.
We have experience in:
- drafting codes of conduct for listed and unlisted companies;
- assisting companies/shareholders/directors/managers with conflict-of-interest issues;
- assisting financial institutions with the restructuring of their corporate governance programme;
- assisting financial institutions with disclosure and compliance issues related to money laundering and KYC rules;
- conducting gap analyses with regard to data protection compliance;
- advising clients on how to deal with dawn raids and providing appropriate trainings and guidance on management strategy in this respect;
- advising clients on whistleblowing procedures;
2. Remediation: corrective measures in the event of shortcomings in the compliance programme
While the aim of a compliance programme is to prevent compliance issues from arising, no programme is failsafe. Therefore, it's important to ensure adequate remedies to resolve compliance issues and mitigate their negative effects, insofar as possible, and provide appropriate assistance in the event of proceedings before the courts or administrative authorities.
Our compliance team can assist you with internal investigations, corrective measures and the adaptation of existing policies and procedures, as well as with civil, criminal or administrative proceedings.
Our experience includes:
- advising high net worth families on heavily publicised matters involving tax and social security fraud and helping them reach a settlement with the authorities in order to safeguard wealth for future generations, in full compliance with ethical and legal standards;
- assisting companies in court cases case concerning abuse of corporate assets and tax fraud;
- assisting various clients, including a major IT supplier, in dealings with the Privacy Commission pursuant to complaints by data subjects;
- advising clients on how to deal with questions from the tax and social security authorities and providing guidance during settlement negotiations or representation before the courts;
- assisting clients with issues resulting from data breaches/leaks and reporting to the relevant authorities;
- conducting white collar crime internal investigations;
- assisting listed companies with reputation management and advising them on internal and external communication further to white-collar crime or fraud by key managers; we also have experience advising on regularisation procedures and the implementation of measures designed to combat fraud;
- assisting a major agriculture & food company with competition law matters.
Related practice areas: