In the past decade, the legal system has done a remarkable job in
absorbing the shockwaves of digital technology. As a result, the use of
information and communication technologies in corporate settings in
general and E-Business solutions in particular have become business as
usual not only for dot-com managers, but increasingly also for inhouse
lawyers and outside counsel.
authors of this article, however, argue that the widespread use of
digital communication technology on the part of business organizations
leads at least in part (and most likely also latently) to new types of
challenges when it comes to the management of risks at the intersection
of law, technology, and the marketplace. In order to effectively manage
these challenges and associated risks in diverse areas such as
security, privacy, consumer protection, IP, and content governance, the
authors call for an integrated and comprehensive compliance concept in
response to the structural and substantive peculiarities of the digital
environment in which corporations - both in and outside the dot-com
industry - operate today.
The article starts with a brief
overview of what we might describe as a shift from traditional
compliance to e-Compliance. It then maps the central themes of
E-Compliance and the characteristics of a comprehensive E-Compliance
strategy. After discussing the key challenges of E-Compliance, the
article outlines practical guidelines for the management of
E-Compliance activities and ends with recommendations.