In recent years, there has been a growing trend in many international legal documents to sanction effectively delictual acts of legal entities, and there is an ever growing belief that the hitherto legal tools are not sufficiently efficient. The Czech Republic approaches this issue in accordance with development of the European and international law.
The recent government motion to enact an Act on criminal liability of legal entities and on proceedings against legal entities, which is expected to take effect from 1 January 2012, brings the institute of corporate criminal liability, which is absolutely new in the Czech Republic.
The criminal liability would apply to legal entities in the case of violation of criminal law by managers of companies, by their control bodies or by employees in performing their working tasks, if the necessary control measures to eliminate or revert commitment of a criminal act were not taken within the company. This shall apply also when it is impossible to identify which particular physical person committed such act.
http://www.euro.cz/id/wushgpxtp9/detail.jsp?id=100564
The corporate criminal liability applies, among others, to the following criminal acts specified in the Criminal Code:
- Unauthorised access to a computer system or a data carrier (Section 230 of the Criminal Code);
- Procurement and keeping of a computer system access device and password and other such data (Section 231 of the Criminal Code),
- Causing damage to a record in a computer system or on a data carrier and intervention into the computer equipment by negligence (Section 232 of the Criminal Code),
- Misrepresentation of financial standing data and property data (Section 254 of the Criminal Code), issue of untrue confirmation and report (Section 259 of the Criminal Code),
- Violation of copyrights, rights related to copyrights and database rights (Section 270 of the Criminal Code),
The legal entities would be subject to high penalties, forfeiture of property, a ban on participating in public tenders, and a ban on receiving subsidies or even dissolution.
According to the new rules, the legal entities will have to analyse their decision-making and control processes, the content of rules they follow and the decisions themselves from the viewpoint of the new criminal risks.
To prevent serious damage to the corporate property and to protect companies from criminal prosecution, it is very important to focus on improving the information system safety and enhancing the quality of internal control mechanisms. In this sphere our company offers a rich portfolio of services, which may be used as the basic foundation stone in searching for solutions to ensure internal safety of any company.
The company CONSIT strives to provide innovative and reliable solutions in the sphere of management of access rights of the SAP system users. The portfolio of the offered services and extensive experience from projects allow us to deliver to our customers a complex solution of the corresponding value. The solutions we offer are designed to strengthen the existing information system and processes in companies and to ensure maximum data protection.