Expensive Day at the Office: Can Corporations Indemnify Their Agents Who Suffer Personal Liability for Regulatory Offences?

The work takes a comprehensive look at the possible liability in the event of data protection violations by the works council or by individual works council members. The question is of considerable importance in practice because works councils have to deal with numerous data in their daily work. In addition, a personal liability of works council members is possible - even in spite of the alleged clarification in the context of § 79a sentence 2 BetrVG. After a fundamental discussion of the question of whether the works council can be the responsible party within the meaning of Article 4 No. 7 of the GDPR, the work deals with the admissibility of Section 79a sentence 2 of the BetrVG under EU law. The author comes to the conclusion that § 79a S. 2 BetrVG is not compatible with the requirements of EU law and may not be applied due to this illegality of EU law. Existing case law is also comprehensively evaluated in the process.Subsequently, all liability facts of the German Civil Code (BGB) as well as of the GDPR are illuminated. Finally, possible liability risks for employers are discussed. Due to numerous practical examples, the work is ideally suited for practitioners.

Download Full-text

Private Actions and Personal Liability

Food Science Text Series - Food Law and Regulation for Non-Lawyers ◽

10.1007/978-3-319-71703-6_8 ◽

2018 ◽

pp. 237-269

Author(s):

Marc C. Sanchez

Keyword(s):

Personal Liability

Download Full-text

Personal Liability Of Director Of A Company In Insolvency & Investor Frauds Cases

Turkish Journal of Computer and Mathematics Education (TURCOMAT) ◽

10.17762/turcomat.v12i5.2120 ◽

2021 ◽

Vol 12 (5) ◽

pp. 1531-1537

Author(s):

Dr. Hina Kausar

Keyword(s):

Criminal Law ◽

Stock Exchange ◽

White Collar ◽

Business Environment ◽

Small Scale ◽

Internal Mechanism ◽

The Impact ◽

A Company ◽

Personal Liability ◽

Responsible Person

The present paper contributes to the understanding of impact of corporate scams and scandals and understanding the reason how these frauds and white-collar crimes impact the investors trust and business environment as a whole. When these scams occur the trust of investors break with each and every turnout. The impact of such corporate scams is not limited to the company where it took place but to each and every business, be it big corporate units or it be some small-scale businesses by directly impacting the stock exchange where the shares are listed. The authors have also tried to focus upon the issues and problems faced by the investors of the company while the company got involved in corporate scams and to figure out the responsible person of the company who will be held accountable in such kind of cases. The present study is limited to the extent of personal liability of a Director and too specifically in the cases of fraud and insolvency. White collar crimes are everywhere these days and that need to be treated as a growing branch of the Criminal law in India. With increase in the Globalization companies are growing and along with it the stakeholders of the company are also growing, any scam done will step back the investors to invest again and more in the company. Thereby with increase in the market share of a company the director of the Company has to establish an internal mechanism to tackle various white -collar crimes nurtured and how these are dealt in the court of law.

Download Full-text