How our company is perceived from the outside also depends on the behaviour of each individual. The lawful and responsible conduct of all managers and employees is therefore of central importance for the success of our company as well as the trust of our customers and business partners.
We manage compliance measures across the group
Compliance with applicable legal requirements and internal regulations forms the basis of our corporate actions at EnBW. Compliance violations can have significant negative effects on us as EnBW, our employees and third parties. For this reason, a risk-oriented and preventive compliance strategy is more important today than ever. EnBW’s compliance management comprises the structures, processes and measures aimed at identifying potential compliance risks and violations and avoiding or minimising them through appropriate measures.
One of EnBW's goals is making the adherence to external and internal rules an integral part of the thinking and action of all company bodies, executives and employees. Simultaneously the trust of business associates, stockholders and the capital market should be increased.
The Department of Compliance is responsible especially for the group-wide regulations for corruption prevention, cartel law prevention, Sanctions-Compliance & Export control, prevention of money laundering, capital markets compliance. The department is available to managers and employees as the central point of contact and advisor for compliance questions.
How we are positioned
- Compliance Department: Corporate function with direct reporting lines to the member of the Board of Management for personnel and law, responsible for the group-wide organisation of EnBW's Compliance Management System and for monitoring its uniform implementation across the group.
- Compliance Committee: Internal decision-making board with an advisory capacity, made up of representatives from the relevant corporate compliance functions.
- Compliance Forum: Meeting between local Compliance Officers from the most relevant group companies, business units and Compliance, to coordinate the implementation of centrally planned compliance measures into the operating entities.
- Compliance Working Group: Exchange of information between Compliance and the Compliance Officers from the non-controlled group companies.
- International Panel: Meeting of the Compliance Officers of the controlled international Group companies with the Compliance department to coordinate current compliance topics and management of central compliance requirements by the Compliance department.
To ensure the success of the Compliance Programme it is of utmost importance that all employees be made aware of compliance topics. With this knowledge they can work responsibly and consistently within the legal regulations and the company's guidelines. EnBW makes this possible by holding face-to-face seminars and by providing e-learning programs for all general compliance topics and especially for the Code of Conduct.
Regular reports on current compliance topics and concerning the further developments of the Compliance Management System are prepared regularly for the Board of Management, the Supervisory Board and the Supervisory Board's Audit Committee.
Our guidelines
Integrity - meaning the adherence to laws and legislation, honesty, dependability and fairness - is an indispensable basic requirement for the success of our company. The Board of Management has passed a Code of Conduct for EnBW Group which gives executives and employees an overview of the most important statutory provisions and company guidelines.
The Code of Conduct should serve as an aid to all decisions and actions taken. It acts as a binding framework for internal co-operation as well as for the interaction with customers, competitors, public officials as well as public institutions.
We take a holistic view of compliance
Our Compliance management focuses on the prevention, detection and sanctioning of corruption and bribery as well as other economic offences, the prevention of violations of competition and antitrust law, sanctions compliance and export control, capital market compliance and money laundering prevention.
Avoidance of corruption and bribery
Illegal and unethical behaviour, such as corruption and bribery, can have serious negative consequences for us as EnBW, our employees and third parties. They impair competition and are in no way aligned with EnBW's corporate values.
At EnBW, we have established mechanisms to prevent, monitor, identify and respond to corruption and bribery. This also includes conducting regular risk analyses. Our internal regulations set out binding instructions for the appropriate and ethical behaviour of our employees.
Through our membership of the UN Global Compact, we are also externally committed to combating corruption and bribery.
Corruption is the abuse of entrusted power for personal or business gain or advantage. This also includes the benefit or advantage of third parties. It can occur in different forms and through different dishonest or illegal behaviour. Corruption can include, but is not limited to, activities related to, theft, fraud, misappropriation, tax evasion or money laundering. Corruption encompasses both the actions of the “giver” (active corruption) and the “taker” (passive corruption).
Bribery as part of corruption is the offer, promise or granting of financial benefits or other non-financial advantages to a public official or elected representative, employee or agent of a company with the aim of obtaining an advantage for oneself or someone else, even if these are not realised.
Bribery acts often involve providing or receiving cash, gifts, credits or discounts, hospitality, nepotism, as well as inappropriate contractual services aimed at securing any type of business or personal benefit. If the business partner is a public official or elected representative, particular caution is therefore required.
Acceleration or facilitation payments are payments - usually smaller amounts - to an official or elected representative with the aim of accelerating or carrying out official acts to which EnBW is already entitled.
Avoidance and dealing with conflicts of interest
At EnBW, transparent, comprehensible decisions made on the basis of objective criteria are an essential part of acting with integrity. We at EnBW endeavour to avoid any form of conflict of interest in connection with our business activities. This includes recognising situations in which potential conflicts of interest may arise and dealing with them appropriately.
A conflict of interest arises in a professional environment when a person's personal interests or relationships could influence or be perceived to influence their professional decisions. Even if there is no actual influence, the mere appearance or possibility of a conflict of interest can be critical. Conflicts of interest can arise in various forms, for example due to personal relationships, financial benefits, cooperation with competitors or secondary employment.
Business partner review
EnBW has clear rules for the review of business partners, which provide for careful selection and review of business partners with regard to their integrity (e.g. with regard to corruption & bribery, human rights).
The aim of the regulations is to avoid financial damage and reputational risks for EnBW, particularly in the case of activities abroad. The business partner review thus serves to anchor compliance in the operational business processes.
Reporting (potential) violations
In order to be able to identify potential misconduct and to prevent related damage to EnBW, individuals and third parties at an early stage, EnBW has established various channels for reporting compliance violations or suspected cases (e.g. fraud, discrimination, human rights and environmental violations). EnBW´s whistleblower system enables the reporting of indications of potential misconduct in EnBW's business area and in its supply chain. The channels are accessible to both internal and external persons.
Our handlung of reports
EnBW's regulations define clear responsibilities and processes for resolving compliance violations, ensure confidentiality and provide the best possible protection for all parties involved. EnBW's rules of procedure describe the EnBW Group's complaints procedure and provide the potential whistleblower with transparency about how the handling of the complaint will be managed.
Customer complaints or other customer concerns are not covered by the scope of application, insofar as they do not constitute information of the above-mentioned type. These must be addressed to the respective customer service department, e.g. contact EnBW.
Unbundling compliance at EnBW
The unbundling regulations in the amended Energy Industry Act (EnWG) result in numerous concrete obligations for energy supply companies to separate the grid area as a “natural monopoly” from the market areas sales, trading and generation.
The aim of the regulations is to create transparency and to ensure that grid operations are designed and implemented in a non-discriminatory manner.
In our Unbundling Compliance Report in accordance with Section 7a (5) EnWG, we would like to provide an overview of the measures we have taken towards unbundling and thus to promoting fair competition.
More information can be found at: unbundling-compliance@enbw.com