A Handbook on New Methods of Law Making in Private Law
Edited by Roger Brownsword, Rob A.J. van Gestel and Hans-W. Micklitz
Chapter 7: Monitoring compliance with contracts and regulations: between private and public law
Compliance with contracts and regulations is increasingly being monitored by various experts, who assume the role of quasi-lawyers. The decision to employ a compliance officer, a trustee or a data protection officer primarily depends on the type of norms which need to be complied with. Particular professions aimed at monitoring compliance differ. However, all compliance specialists share several characteristic features, such as independence, which guarantee the effective performance of their tasks. Monitoring compliance is more and more often required by law and consists in performance of public tasks due to the delegation of the powers of public authorities to compliance professionals. The use of private actors to achieve the objectives of the state raises numerous doubts. The growing importance of compliance experts clearly illustrates the need to find a proper balance between the public and private interest as well as between private and public law. Keywords: compliance, monitoring compliance, compliance officer, trustee, data protection officer
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