GERMANY Trends and Developments Contributed by: Bettina Mertgen, Felix Siebler, Michael Herold and Ricarda Schelzke, GvW Graf von Westphalen
or confiscations. Even at the beginning of a criminal investigation, a court can order heavy preliminary asset seizures which in practice can jeopardise the company’s existence. The authors have seen a sig - nificant increase in such criminal proceedings in the last five years. Moreover, non-compliance with regulations like NIS- 2 or KRITIS-Dachgesetz may lead to quite complex administrative fine proceedings, which could result in a notice against the company or its representatives ordering them to pay a substantial fine.
Against this background, companies should pay great attention to any correspondence from law enforce - ment authorities. The first answer towards such authorities often determines the outcome of criminal and administrative fine proceedings.
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