SOX Compliance Problems in Europe

By: Cydney Posner

Corporate Counsel has reported about problems arising in connection with SOX compliance overseas. In particular, French and German authorities have issued decisions that prevent or inhibit compliance with the SOX requirement to maintain whistleblower hotlines. In France, the French Data Protection Authority has issued two decisions prohibiting a subsidiary and division of two US companies - McDonalds and Exide Technologies - from implementing anonymous reporting systems developed to comply with Rule 10A-3. The basis for the decisions is that, because they permit anonymous accusations, these hotlines violate French privacy law.

Similarly, a German authority has struck down Wal-Mart's code of ethics owing to a procedural problem: the company apparently failed to consult with the German Works Council before implementing its code of ethics in Germany. Some international law groups are trying to resolve these problems.

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