Namysłowska, Monika --- "Monitoring compliance with contracts and regulations: between private and public law" [2017] ELECD 1195; in Brownsword, Roger; van Gestel, A.J. Rob; Micklitz, Hans-W. (eds), "Contract and Regulation" (Edward Elgar Publishing, 2017) 259

Book Title: Contract and Regulation

Editor(s): Brownsword, Roger; van Gestel, A.J. Rob; Micklitz, Hans-W.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710651

Section: Chapter 7

Section Title: Monitoring compliance with contracts and regulations: between private and public law

Author(s): Namysłowska, Monika

Number of pages: 25

Abstract/Description:

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