“While many firms continue to see ensuring compliance as a legal exercise, it is really much more a behavioral science. That assertion may make attorneys uncomfortable, but for compliance programs to have real impact, managers need to test what works and what doesn’t.”
H. Chen
former DoJ Compliance Expert
“Whatever else it produces, an organization is a factory that manufactures judgements and decisions.”
D. Kahnemann
Nobel prize winner in economics
Behavioral Compliance & Ethics
Corporate compliance and business ethics are embedded in an organizational environment. Organizations are “decision-based social systems” or “decision machines“. Everything that happens in organizations takes the form of decisions. Whether a new product is designed, a project started, new staff recruited, a transaction carried out, etc., decisions are always made. In this respect, illegal, criminal or unethical corporate behaviour is also a decision made by the organization and its members.
This raises the question of how wrong decisions can be prevented and right decisions promoted. However, the framework for creating so-called “decision hygiene” is less to be found in law, business and political science – rather, an interdisciplinary approach is required, i.e. the utilization of behavioural science findings. As digitalization progresses, it is not only people and their organizations that are making decisions, but increasingly also machines and algorithms.
Against this background, the subject of the working group is an analysis of behavioral science findings and their processing for use in analog and digital practice. The aim of the working group is therefore to remedy the current lack of transfer between the individual disciplines outside of traditional law and business administration.
As an introduction, reference is made to the essay “Behavioral Compliance instead of Corporate Compliance? Between dangerous half-truths, absolute nonsense and promising solutions in the attempt to prevent corporate crime.” (CCZ 2021, p. 1 ff.).
Download here.
Working group management

Markus Jüttner
Partner at EY
Markus Jüttner has been a partner in the Forensic & Integrity Services department at EY since June 2022. He advises organizations on compliance, culture and integrity issues. Previously, he was Vice President of Compliance at DAX-listed E.ON for over seven years. He began his career at Clifford Chance, later becoming Senior Legal Counsel at EnBW and then Head of the Antitrust and Competition Law Department at Ruhrgas AG. Mr. Jüttner is also a lecturer in organizational sociology at the University of Heidelberg and in international personnel management and organization at the Ludwigshafen University of Applied Sciences. Within DICO, he is not only head of the “Behavioral Compliance & Ethics” working group, but also a member of the board.

Dr. Sebastian Barnutz
Partner at Metaplan
Dr. Sebastian Barnutz has been a partner at the organizational consultancy Metaplan and Head of the International LifeSciences Squad since 2016. He advises organizations on questions of strategy, culture and reorganization. The topic of compliance can be found in all areas, as a core concern of the life sciences industry. Together with Markus Jüttner and Dr. Sven Kette, he has published various articles on the subject. Within DICO, he is co-head of the “Behavioral Compliance & Ethics” working group.
Sebastian Barnutz joined Metaplan in 2011 and was previously Managing Director of the Berlin Graduate School for Transnational Studies at the Freie Universität Berlin, the Hertie School of Governance and the Wissenschaftszentrum Berlin. He holds a PhD from the University of Warwick.
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