Compliance at MAN
As a global enterprise that is steeped in tradition and operates in many areas, MAN has a responsibility to its customers, its employees, its investors and the public. This corporate responsibility includes complying with the laws in force everywhere and at all times, as well as respecting ethical values and acting sustainably.
As a result, compliance is a fundamental part of the MAN strategy and must be practiced at all levels of the Group and by all staff – the Executive Board, managers, and each individual employee – alike. MAN’s Compliance Organization has introduced a wide range of additional measures to ensure that compliance at MAN is implemented and practiced throughout the Group.
Compliance – for good reason
Corruption and cartel formation pose particularly high risks for the Company and its employees. Compliance violations in these areas can lead to high fines for the Company, penal sanctions against employees, actions for damages brought by customers, competitors and suppliers, order freezes and negative press.
MAN’s Supervisory and Executive Boards have also pushed to improve the compliance system as a result of the investigations following allegations of corruption, so that such cases do not occur again under any circumstances.
Compliance – everyone’s business
In light of this, MAN does not tolerate any breaches of compliance. Adhering to internal rules and legal regulations must take precedence over achieving financial goals for every MAN employee.
Every employee must ensure that compliance is not violated within his / her area of responsibility. MAN’s compliance organization actively supports employees in such efforts.
MAN’s Compliance Program
MAN’s Compliance Program focuses on white collar crime (especially anticorruption, prevention of money laundering), antitrust law, and data protection.
In this respect, the Compliance Organization has developed a Group-wide integrity and compliance program which:
- prevents compliance violations (prevent) and
- detects as quickly as possible any compliance violations that may arise despite preventative measures (detect)
- and responds promptly and efficiently to these compliance violations (respond).
MAN’s Compliance Organization
The Compliance Organization is divided into two parts – the Corporate Compliance Office at the Group’s headquarters and the Subgroup Compliance Organization.
The Corporate Compliance Office performs central compliance functions, like creating compliance policies that apply throughout the Group, designing compliance trainings, identifying compliance checks, and investigating compliance violations. The Corporate Compliance Office regularly carries out risk analysis to identify the Group’s potential compliance risks and to align the Group-wide Compliance Program with these risks in addition to developing it further accordingly.
The Subgroup Compliance Organization is responsible for implementing the Compliance Program developed by the Corporate Compliance Office in the Group companies belonging to the subgroups. Each subgroup has a Compliance Officer who is supported by Compliance Managers in the different business units and sales regions. Compliance duties are also performed by Compliance Champions.
Compliance Champions are not full-time compliance employees, but MAN managers who have assumed special responsibility for compliance matters. Ensuring that compliance measures are also implemented in Group companies with no own local Compliance Managers on site is just one example of how they support the Compliance Organization.
Our aim is to continue to raise and advance awareness and understanding of responsible conduct with integrity at MAN among all MAN employees, suppliers and business partners.
In order to prevent compliance violations, the Compliance department has seized and implemented a large number of different measures
Should compliance violations occur within the MAN Group, considerable risks for the MAN Group and the affected employees are the consequence. Integrity and compliant conduct therefore have the highest priorities within the MAN Group. In order to safeguard these values, MAN has established clear and transparent processes which ensure that compliance violations are internally detected, clarified, and then remedied for the future.
In addition to preventing compliance violations and detecting misconduct, a quick, effective and systematic response to misconduct constitutes the third pillar of the MAN Compliance Program.
Development of MAN Compliance
If there is a compliance violation, the Compliance Organization employee responsible analyzes the background and the reasons behind the violation. The findings of this analysis are used to uncover any weaknesses in the Compliance Program and eliminate them accordingly. Any compliance violations discovered are used to continuously develop and improve the compliance system. This enables MAN to ensure that its Integrity and Compliance Program is sustainable.
Investigations by authorities
MAN stands for openness and transparency, which is why it cooperates closely with the responsible authorities if they need to carry out investigations or have questions for the Company. In all such cases, the Compliance Organization is the central point of contact for the authorities. MAN’s Compliance Organization has also issued a set of instructions on how to proceed in the event of searches which informs all employees how to behave if the authorities conduct investigations. This set of instructions emphasizes the importance of openness, transparency, and cooperation. MAN has therefore clearly communicated to all employees that they have to inform the Compliance Organization in the event of investigations and cooperate with the authorities.
MAN does not tolerate any compliance violations. If compliance violations are identified, the Compliance Organization suggests suitable and appropriate sanction measures. An internal MAN committee then decides whether these sanctions will be implemented. Sanction measures range from action under labor law through civil law, depending on the severity of the violation. Implementation of sanction measures is monitored within the Group
The whistleblower portal Speak up!
Reporting serious compliance breaches confidentially, worldwide and around the clock
MAN wishes to promote the strength of its performance and quality, and thus boost the confidence of employees, shareholders and business partners in the MAN Group. In light of this, integrity and compliant conduct are our highest priorities within MAN. MAN has set up a sound compliance organization that helps to prevent risks for the company. If compliance breaches occur, the whistleblower portal Speak up! is an effective tool to uncover such breaches as quickly as possible.
Employees and business partners can report serious compliance breaches in the areas of white collar crime (e.g. acts of corruption and money laundering), antitrust law and data protection confidentially, worldwide and around the clock via the MAN whistleblower portal Speak up! at https://www.bkms-system.net/MAN. Speak up! is available in 11 languages and can be accessed from any Internet-enabled PC. The technology used for the portal, which is supplied by Business Keeper AG guarantees the highest level of security for whistleblowers.
Whistleblowers can register on Speak up! with their proper name or a pseudonym of their choice. Then they enter the highly secure portal where they can submit their tip-offs and also upload files relating to the incident, if applicable. The Compliance Department of MAN SE checks the tip-off for consistency and plausibility, contacting the whistleblower again via the Speak up! portal if necessary. MAN treats all tip-offs confidentially and sensitively.