Germany: Directors and Officers

Herbert Smith Freehills Kramer's Frankfurt Corporate Crime & Investigations team hosted a conference examining cybercrime threats, AI-driven attacks, and the evolving responsibilities of corporate leadership in building cyber resilience. Senior representatives from law enforcement, industry leaders, and global legal partners explored prevention strategies, incident response protocols, and the complex liability landscape facing organizations in an increasingly digital threat environment.

This comprehensive guide examines how German companies can design and operate a credible compliance management system that meets both domestic legal requirements and international standards. It explores the interplay between board-level organizational duties, specialized statutory regimes like the Whistleblower Protection Act and Supply Chain Due Diligence Act, and globally recognized frameworks such as ISO 37301, while providing practical guidance on governance structures, reporting lines, and implementati

The European Union has formally adopted a directive establishing minimum standards for insolvency law harmonization across Member States, covering avoidance actions, asset tracing, pre-pack proceedings, director filing duties, creditors' committees, and transparency measures. While the directive sets baseline requirements in these critical areas, its practical impact on German insolvency law is expected to be limited, as Germany's existing framework already meets or exceeds most of the directive's standards

Recent ruling of the Regional Court München I re. Wirecard sets stricter duties for the board of management regarding loans and intra-board supervision

June 2025 – Cartel fines, which can amount up to 10% of a company's global group turnover, represent one of the most significant enforcement instruments in European competition law.

On 11 September 2024, Germany's Federal Financial Supervisory Authority published an Information Sheet (01/2024 (WA)) specifying its expectations when a securities institution must appoint at least two people as its management i.e. as managing directors.

Employees in Germany are entitled to an allowance where their working hours are reduced as a result of the COVID-19 pandemic.

What happens when a board member needs to take leave for sickness, childcare or other personal reasons?

Due to the current corona crisis and the therewith associated tense economic situation, many managing directors (Geschäftsführer) are faced with the question of a possible...