Compliance management is one of the fundamental tasks for any responsible sports organization (association, club, corporation), even and especially in times of crisis. The tasks of a functioning compliance structure basically consist of a triad of preventive, process-supporting and controlling activities, the implementation of which is subject to complex requirements.
For companies, associations and other organizations, compliance primarily serves to avert or reduce concretely threatening liability and sanction risks as well as to prevent potential future risks, such as fines. In addition, it is in the interest of the legal representatives to also minimize the risk of their personal liability by implementing a control structure.
The criminal offenses of sports betting fraud (matchfixing) and the manipulation of professional sports competitions that have recently come into force, as well as the Anti-Doping Act, also give rise to new liability risks for sports associations and clubs, as well as personal liability risks for the executives / managing directors of these companies.
Boards of directors or other representative bodies of sports organizations fulfill their supervisory and monitoring duties if relevant risks are properly considered in the compliance management system.
We advise sports organizations on:
Development and adaptation of compliance management systems (CMS)
Preparation of codes of ethics and conduct
Preparation of compliance guidelines
Risk analysis and risk reduction measures
Outsourcing of compliance activities
Implementation of whistleblower systems as central components of the CMS
Assumption of the function of an external ombudsperson of the sports organization
See also: https://www.kern-cherkeh.de/kompetenzen/compliance-und-ombudsperson
