Compliance House
Monitoring compliance: the investigation
In addition to internal supervision of compliance with applicable laws and regulations, the company may also be subject to investigation by external supervisors such as the Netherlands Authority for Consumer and Market, the Netherlands Authority for the Financial Markets or the Netherlands Authority for Personal Data. The investigation may be carried out ex officio, as part of general supervision, but may also focus on the suspicion of a specific infringement by one or more companies, for example as a result of a complaint.
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Before such an investigation takes place, the supervisor is obliged to inform the company of the visit, as well as of the purpose and scope of the investigation. After all, investigations in which the supervisory authorities are looking for any evidence, without the purpose and scope of the investigation being explicitly and precisely defined, are not permitted. However, a vague target description may suffice.
Once the investigation has been completed, the supervisory authority uses the evidence gathered to determine whether there has been a breach of the laws and regulations applicable to the company. The supervisory authority shall record the provisional findings in a report. As an entrepreneur, you have the opportunity to put forward a defence against these established findings. This is also recommended. After all, a breach recorded by the regulator can usually have radical consequences and lead to sanctions.
Curious about how your company is doing in the context of compliance and what Compliance House can do for you?
Please contact our specialists