White Collar Crime / Compliance

Companies today operate in an environment in which regulations change frequently and administrative sanctions are becoming noticeably stricter; whether a business decision may have criminal or regulatory consequences therefore often has to be assessed at the time the decision is made. For companies with foreign shareholders, this is combined with the task of aligning group policies with Turkish law. Our focus is on compliance structures that identify risks before they materialise; should an investigation nevertheless be opened, we represent the company and its executives.

Compliance Programmes

Adapting group policies to Turkish law, drafting internal guidelines and training management and employees form the basis of the compliance organisation of any Turkish subsidiary. We review existing processes in areas such as data protection, anti-corruption and sanctions law and prepare proposals to close any gaps identified. Experience shows that written policies are only as effective as they are suited to the company’s actual day-to-day business.

Whistleblowing Systems and External Ombudsperson

Group requirements and customers increasingly expect Turkish companies to have a functioning whistleblowing system as well. We advise on setting up reporting channels in line with Turkish employment and data protection law and, as external ombudsperson, receive and assess reports under the lawyer’s duty of confidentiality; we also accompany the company in internal investigations following such reports. Further information is available under Schindhelm Whistleblowing Solution.

Representation of Companies and Executives

An investigation relating to taxes, customs, data protection or other business activities affects not only the company but also, directly, its managing directors. We represent the company and its executives in the investigation and before the courts, while keeping in view the effects of the proceedings on business relationships and reputation. Where the company itself has been harmed, we pursue its rights by way of criminal complaints and by joining the proceedings.

Where required, mandates in this area are handled together with our practice in corporate law, tax law, banking and finance law and antitrust law; on tax-related matters, we coordinate with tax advisers.