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Paperback; Publisher: Duncker & Humblot GmbH; 1. Auflage. edition (January 1, ); Language: German; ISBN ; ISBN
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- Straf Ordnungswidrigkeitenrechtliche Risiken Compliance Beauftragte Zugleich by David Poguntke
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In a careful analysis the Federal Supreme Court held that a doctor is indeed not a public official under German law.
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The new proposal links criminal liability to all healthcare professionals practicing in healthcare professions that are only accessible on completion of a publicly regulated education. This includes in particular doctors and pharmacists. Offering, promising or granting a benefit to the healthcare professional is equally prohibited draft section a para 2 German Criminal Code.
The way the new provision is drafted conforms with the recently published draft for an amendment of section German Criminal Code see our previous post here. Similar to the new draft provision on commercial bribery, the draft section a German Criminal Code follows the dual approach. In addition to criminalizing an undue preference over the competition, the draft provision also prohibits the acceptance of a benefit in connection with the breach of ones professional duty as a healthcare provider.
Given the increasing legislative momentum in the anti-corruption field in Germany, it is likely that German anti-corruption legislation will soon include provisions for health care professionals. Yet, the jury is still out to determine the precise extent of the new regulation.
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Straf Ordnungswidrigkeitenrechtliche Risiken Compliance Beauftragte Zugleich by David Poguntke
Log into your account. If a company chooses to get certified according to a compliance standard, it makes its Compliance Management System even more reliable, by receiving feedback from an independent third party and increasing the pressure to comply with all requirements of a sound CMS. Another advantage is that by "following guidelines that clarify what constitutes maturity, organizations can limit the disruption to business activities that normally accompany higher intensities of inspection visits. The advantages of introducing a good Compliance Management System are not limited to preventing compliance violations.
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It can also help if a company has to face a legal trial due to compliance violations after all. The goal is not to get certified, but to simply assist in building a good Compliance Management System. The details of ISO will be discussed extensively in chapter 3. Illustration 3 is a simplified version of this flowchart. As can be seen in the illustration, a company first needs to establish its own compliance management principles left side of the chart and then implement those into their daily operations right side.
Compliance management principles can be derived from three different sources: from principles of good governance, from stakeholder interests, and by analyzing internal and external risks. Once those basic principles have been established in theory they can be implemented in a continuous cycle of "plan," "do," "check" and "act".
First, the cooperations need to identify concrete compliance obligations and risks to then make plans to address them. Next, those measures need to be implemented. Their success has to be measured, compliance violations have to be managed and based on that, the cycle has to start again if further obligations or risks are uncovered or when the Compliance Management System is falling short. Good leadership commitment and clearly defined responsibilities are essential in order for the system function.
L S Lisa Sachse Author. Add to cart. Table of contents 1. Introduction 2. The weaknesses of ISO 4. Summary and advice for cooperations utilizing ISO 5.
Conclusion and prospects Bibliography 1. Introduction ISO is an international standard issued by the International Organization of Standardization ISO 1 that aims at supporting organizations worldwide in introducing good compliance measures and maintain integrity. The research question of this thesis could thus be stated as follows: How effective are the measures suggested by ISO in ensuring good compliance in a cooperation? Theoretical framework This chapter covers the information needed to comprehend the analysis of the main part of this thesis. About compliance The word "compliance" derives from the English word "to comply with" and it means "obeying to rules and standards".
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For the sake of this paper compliance is, therefore, defined as follows: Compliance is the obligation of a cooperation, its management and employees, to be aware of and meet all legal requirements as well as certain clearly stated, company-wide moral and ethical standards. Why introduce a Compliance Management System? ISO p. ESV n. CCZ n. Fissenewert, P. Wulf, K.
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KPMG and 10 cf. EY and Deloitte 11 cf. IDW-1 p. Quentmeier, H.
Eggert, M. Vetter, E.
KPMG p. ACFE n. Appelbaum, S. Vetter, E p. Jonas, P. Withus, K. Sign in to write a comment. Read the ebook. Informatik - Wirtschaftsinformatik Compliance - Betriebswirtschaftliche Informatik - Wirtschaftsinformatik IT Compliance. Schikane durch Regulat Informatik - Angewandte Informatik Konzeption eines Datenmodells und ein Regulative Rahmenbedin Die Verbreitung Publish now - it's free.