The legislation is evolving rapidly in many industries around the world. Services and products offered to consumers in more than one country are subject to regulations in their respective states.
Failure to comply with the regulations triggers several risks including sanctions from the authorities, costs, damages, including image damages and loss of customers, or even devastating effects on companies and their management members.
By using legal services, the companies understand their responsibilities, are managing risks, are preparing and mitigating the negative business impact of complex regulations on their transactions or day-to-day operations, thus ensuring the success of projects as well as business stability and predictability.
NewLegalWay provides legal consultancy on Compliance and Competition on the following matters:
- Consultancy on compliance with regulations in sectors such as financial-banking (including fintech), technology, capital markets, e-commerce, consumer protection, personal data protection, crypto and AML / CFT (preventing and combating money laundering or terrorist financing); for more details see section Fintech and Banking &Finance,
- Ensuring compliance with national and European Union legislation;
- Monitoring local and EU legal provisions at the stage of public debate/law project and preparing documents/presentations for the executive management including their impact on the activity and proposing measures/solutions to be implemented;
- Drafting training materials and tests for employees in the Compliance departments of banks, non-banking financial institutions, insurance companies;
- Preparing and sustaining training/seminars for the management and other departments;
- Drafting and amending internal procedures/policies to ensure compliance with applicable legislation;
- Amending and adapting Codes of Conduct and Guidelines at the level of multinational companies;
- Representation and legal assistance before the competent authorities in controls or cases concerning complaints.
- Consultancy on cartels and anti-competitive practices, qualification of certain practices, conventions/agreements and exchanges of information between competitors as anti-competitive practices;
- Consultancy provided to companies with dominant positions on specific relevant markets: analysis of the impact on the relevant market of certain contractual clauses, modification of contractual clauses;
- Legal advice on mergers: analysis of M&A operations (acquisitions, mergers, changes of control), drafting notifications to the Competition Council for the authorization of economic concentrations;
- Due diligence in the context of mergers and acquisitions (analysis of permits, licenses, approvals, approval documents/files, authorizations, applications, records and declarations to be issued or given in connection with the operation of companies and their activity, contracts containing non-competition, confidentiality clauses including any contracts with competitors that restrict or could restrict future activities, territorial or product exclusivity, preferential conditions, including the most favored customer clause).