In future, sanctions are to be imposed directly on companies, based on the "Act on the Sanctioning of Association-Related Offences" (Association Sanctions Act, VerSanG for short). Previously, sanctions were only possible for natural persons, while companies could only be fined in accordance with Section 30 OWiG.
This means that more investigations will be initiated in the future, as public prosecutors are now obliged to initiate investigations as soon as sufficient factual evidence is presented (principle of legality). Previously, it was at the discretion of the respective authority to determine the extent to which a corporate fine should be imposed in accordance with Section 30 OWiG (principle of opportunity). However, the draft law gives the affected companies two years to prepare for the changes and initiate the necessary compliance measures.
It remains questionable to what extent the Corporate Sanctions Act will be applicable beyond companies of legal entities under public law (commercial enterprises) to non-profit organisations that pursue commercial business operations. For this purpose, it must be clarified by means of a step-by-step examination whether the non-profit organisations serve an economic or non-material purpose and the relationship between them. There is therefore a chance that non-profit organisations will not be covered.
Details on this and other questions can be found in the explanations by Dr Thorsten Helm.
