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A court-proof organization is a combination of a company wide organizational structure as well as verified organizational processes which meet all legal requirements not only theoretically, but also in reality. Such an organization aims to prevent incorrect behaviour and tries to effectively prevent willful illegal acts in order to eliminate or reduce the risk of liability or criminal prosecution.
Even if illegal acts occur and the organization is sued in court, such an organization will be able to prove regularly that so called “Organisationsverschulden” can be ruled out. This relieves indirectly involved management and staff of criminal prosecution.
That’s the theoretical side. In all reality, a court-proof organization is an contradiction in itself, since it can only be proved in court whether the organization is court-proof – or not; if this occurs, something propably went wrong in the beginning.
Court decisions depend on various factors and cannot be predicted. However a court-proof organization will significantly reduce risk to the company and staff.
Introduction of a Court-Proof Organization
A court-proof organization should be implemented in the following steps:
- Identification of relevant legal requirements
- Identification of responsibilities and process owners
- Training
- Introduction/revision/confirmation of relevant business processes
- Verification and auditing
Training, Monitoring and Auditing
In order to continuously monitor the effectiveness, a court-proof organization has to be monitored and audited regularly. Regarding this, we offer our services:
- Training for internal audits
- Auditing
Projects
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