Article: Codes of Conduct in German Employment Relationships – A Measure to Adequately Implementing Compliance and Data Protection?

Q2 Social Sciences

European Business Law Review Pub Date : 2024-04-01 DOI:10.54648/eulr2024014

Vagelis Papakonstantinou, Daniel Wasser

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引用次数: 0

Abstract

Compliance as well as Compliance-Management-Systems, Codes of Conduct and General Data Protection Regulation are widely known terms in any (multinational) corporation. In daily legal practice, however, Codes of Conduct containing or being combined with Codes of Conduct according to Art. 40 GDPR (GDPR codes) are unlikely to being drafted or published. Particularly by employers and thus corporations. This is for a good reason. Addressing codes of conduct within corporations, it is not yet comprehensively analyzed whether GDPR codes may be lawfully drafted by corporations or – if drafted lawfully – whether these are appropriate measures within employers’ Corporate Compliance-Management-Systems. Aiming to contribute to the discussion in this respect, this paper contours possible considerations of the analysis explicitly encouraging colleagues to critically think of this topic as well. Eventually, if GDPR codes are appropriate measures, lawfully and comprehensively implementing compliance codes is nevertheless essential in any case. Compliance-Management-Systems, Codes of Conduct, General Data Protection Regulation, Employee Data Protection, Compliance codes, GDPR codes, Compliance

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文章：德国雇佣关系中的行为准则--充分实施合规和数据保护的措施？

合规以及合规管理系统、行为准则和《通用数据保护条例》在任何（跨国）公司中都是广为人知的术语。然而，在日常法律实践中，包含或结合了《一般数据保护条例》第 40 条规定的行为准则（GDPR 准则）的行为准则并不多见。40 GDPR 行为准则（GDPR 准则）的行为准则。尤其是雇主和企业。这是有道理的。关于企业内部的行为准则，目前还没有全面分析企业是否可以合法起草 GDPR 准则，或者--如果可以合法起草--这些准则在雇主的企业合规管理系统中是否是适当的措施。为了促进这方面的讨论，本文明确提出了分析的可能考虑因素，鼓励同行们也对这一主题进行批判性思考。最后，如果 GDPR 守则是适当的措施，那么在任何情况下，合法、全面地实施合规守则也是至关重要的。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Business Law Review Social Sciences-Law

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.