Regulatory and Criminal Enforcement
With increased enforcement by national and international regulators and authorities in recent years, businesses need to ensure that they fully comply with all applicable laws and regulations. For any type of possible enforcement issue, you can rely on the Loyens & Loeff multi-disciplinary Regulatory and Criminal Enforcement team which consists of specialized lawyers with expertise in areas such as corporate criminal law, tax law, financial regulatory laws, anti-money laundering and sanctions regulations, data protection and cybercrime, antitrust, environmental law, litigation and labour law.
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Our Regulatory and Criminal Enforcement team can assist you in all types of enforcement proceedings your company may encounter. We can also assist you in proactively identifying compliance issues, provide advice and help you in complying with the increasing number of laws and regulations. The team is further comprised of lawyers specialized in investigating possible irregularities (internal investigations / corporate investigations) and experts that can assist you with implementing remedial measures.
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How we can help
Our services include compliance advice, assisting clients during supervisory visits and dawn raids, negotiations with and/or proceedings against (international) regulators and authorities and conducting investigations (internal investigations / corporate investigations).
We can also assist your company if it is harmed by criminal behaviour by filing a criminal complaint and claiming damages in criminal or litigation proceeding, including asset tracing, seizures and recovery of damages.
We have extensive experience in advising and assisting clients regarding:
- Providing advice on compliance policies.
- Representing/defending corporate clients in criminal proceedings regarding suspicions of money laundering, bribery/corruption, tax fraud, investment fraud, accounting fraud, environmental crimes, workplace accidents, violations of financial supervision laws and regulations and others.
- Representing (corporate) clients in negotiations with the Public Prosecution Service and assisting clients during raids/visits by investigative authorities
- Conducting investigations into irregularities concerning for instance fraud, bribery/corruption, forgery or money laundering (for example following a whistleblower report or concerns raised by the compliance department or the auditor).
- Assistance with information requests from the tax authorities.
- Handling negotiations with and proceedings against Tax Administration.
- Advising on tax compliance and tax-related disputes and investigations.
- Advising on anti-money laundering regulations.
- Guidance and assistance in respect of supervisory visits or investigations by regulators.
- Advising on compliance measures and questions, including advice regarding specific intended transactions.
- Assisting in identifying and handling possible breaches, including conducting internal investigations, advice on voluntary disclosures and remedial measures.
- Assisting in regulatory matters, including marketing authorisation, DMFs, GMP compliance, and manufacturing licenses.
- Handling visits by, negotiations with and proceedings against the administrative bodies.
- Providing advice on competition and anti-trust laws.
- Assisting in antitrust investigations and related litigation, including follow-on civil damages actions.
- Providing advice on whistle-blower policies.
- Providing advice and support in holding a disciplinary inquiry.
- Assistance with information requests from supervisory authorities.
- Handling visits by, negotiations with and proceedings against the supervisory authorities.
- Assistance in the process of tracing, freezing and recovering assets.
- Handling litigation to reclaim incurred damages.
- Advising on a wide range of data protection topics such as privacy policies, cybersecurity or employee privacy related matters.
- Assisting in developing data protection and cybersecurity strategies.
- Handling visits by, negotiations with and proceedings against the supervisory authorities.
- Setting up a GDPR compliance framework, carrying out data protection and due diligence audits and also providing in-house training and workshops ‘how to be GDPR compliant’ in your sector and business.
- Assisting with Data Protection Impact Assessments, internal record keeping obligations, Privacy by design and with the appointment of a Data Protection Officer.
- Providing advice and support in administrative proceedings regarding alleged violations of permits, laws and regulations
- Providing advice and support in enforcement activities against businesses from regulators.
- Offering urgent assistance in case of environmental or safety incidents or accidents, where there is a threat of administrative or even criminal enforcement.
- Providing advice and support in enforcement activities against businesses from regulators
- Enforcement proceedings on behalf of building or environmental law regulators.