Risk, compliance & white-collar crime
Anticipating regulatory risk and defending the exposed business.
JANSSENS Law Firm helps businesses and their directors anticipate regulatory risk and defend themselves when it materialises. Anti-money-laundering frameworks (Act of 18 September 2017), GDPR compliance and outsourced DPO function, financial compliance (MiFID II, market abuse), and criminal defence of the company and the director.
What you need to know
What are the anti-money-laundering (AML-CFT) obligations in Belgium?
The Act of 18 September 2017 imposes due-diligence and reporting obligations on obliged entities. Identification and verification of clients and beneficial owners, risk assessment, record-keeping and reporting of suspicious transactions to the CTIF-CFI. We build the internal procedures and defend obliged entities in the event of an audit.
Does my company have to appoint a Data Protection Officer (DPO)?
Appointing a DPO is mandatory in certain cases provided for by the GDPR. In particular, where there is regular and systematic monitoring on a large scale, or large-scale processing of sensitive data. Even where not mandatory, a DPO strengthens compliance. We provide an outsourced DPO function and compliance (register, impact assessments, breach management).
What to do in the event of a personal-data breach?
A data breach must, in principle, be notified to the Data Protection Authority within 72 hours. Depending on the risk, the data subjects must also be informed, and rigorous documentation of the incident is essential. We steer the incident response and the relationship with the DPA to limit penalties.
What do MiFID and the Market Abuse Regulation require?
Regulated players must comply with a strict framework of governance and transparency. MiFID II governs the provision of investment services (client information, suitability, product governance); the Market Abuse Regulation prohibits insider dealing and manipulation. We support compliance and defence before the regulator.
Can a company be prosecuted criminally?
Yes: a legal entity can incur criminal liability, distinct from that of its directors. Economic and financial offences, environment, labour law, fraud: the company and the director may be prosecuted, sometimes jointly. We provide the criminal defence and organise risk prevention.
How to react to a search or an audit?
Faced with a search or an audit, your rights must be protected from the very first minute. The scope of the warrant, professional secrecy, the confidentiality of legal advice, the conduct of the seizure: immediate assistance limits the risks. We act urgently and prepare your teams for these situations.