How to provide legal services for compliance training for film, television, cultural and entertainment enterprises?

2022 07/15

Compliance legal services refer to the consulting services provided by lawyers to help enterprises prevent, identify, evaluate, report, and respond to compliance risks based on their understanding of relevant domestic and foreign laws and regulations, international organization rules, regulatory regulations, compliance requirements, business practices, and ethical norms in the industry and business field of the enterprise, as well as the articles of association and rules and regulations formulated by the enterprise in accordance with the law Special legal services and advisory services such as agency.


The types of compliance legal services are mainly divided into compliance regulatory response, compliance investigation, business partner compliance management, compliance training, compliance evaluation, compliance consultant, and compliance management system construction. The compliance team of the Firm continues to discuss how lawyers can provide "compliance training" legal services for film, television, cultural and entertainment enterprises.


1、 Definition of legal obligations for compliance training


In a broad sense, compliance training refers to the training of lawyers on compliance knowledge and skills for enterprises and their related personnel. Compliance training is very important. The author mentioned compliance training in the previous compliance legal services, such as compliance regulatory response, business partner compliance management, and compliance management system construction. The purpose and content of compliance training involved in each type of compliance legal service are different.


The compliance training described in this article is an independent type of compliance legal service, which refers to lawyers' regular preaching and dispelling doubts about compliance situations, policies, events, and the latest laws and regulations for film, television, cultural and entertainment enterprises, disseminating corporate compliance laws, regulations, and policy requirements, imparting operational methods and compliance work skills of corporate compliance management systems, and solving problems in corporate compliance management, in order to enhance the awareness of corporate employees' compliance The purpose of promoting corporate compliance culture and improving the level of compliance management.


2、 Workflow of compliance training for film, television, cultural and entertainment enterprises


(1) Establish a delegation relationship


Enterprises in different industries, different types, different scales, and different stages of development have different requirements for compliance training. Lawyers need to communicate with clients to understand or inspire their needs for compliance training.
For example, newly established enterprises do not have much understanding of compliance and need to provide comprehensive compliance training. In addition, their overall risk resistance ability is weak at the initial stage of entrepreneurship, and the focus can be on identifying and preventing significant compliance risks.


For example, in the rising period of enterprises, with their overall vitality and rapid business development, compliance training should focus on specialized compliance training in key areas of the enterprise. For example, the key areas of film, television, cultural and entertainment enterprises include fiscal and tax compliance, qualification compliance, intellectual property compliance, and so on


For example, in mature enterprises, where business is relatively stable and enterprises pursue stable development, compliance training should be combined with comprehensive compliance training and thematic compliance training to achieve the goal of comprehensive prevention of compliance risks. Conditional enterprises should also carry out training on the construction of compliance management systems.


After understanding the customer's needs for compliance training, lawyers can plan targeted training courses and content that match the customer's quota, and then sign a special legal service contract with the customer to clarify the service content and scope.


(2) Set up training courses


Lawyers should set up customized training courses for clients based on the needs of different enterprises' compliance management. The general courses of compliance training include:


1. Compliance concept introduction training


Firstly, the introduction training of compliance concepts should popularize the basic knowledge of compliance for enterprises, such as the origin, connotation and extension of compliance, the new situation of international and domestic compliance, and the functions and significance of compliance.
Secondly, the introduction of compliance concepts should introduce concepts related to compliance, such as stakeholder concepts, compliance culture concepts, proactive compliance concepts, compliance governance concepts, business partner concepts, and so on.


2. Collusion of compliance laws and regulations


Taking film and television entertainment enterprises as an example, there are many laws, regulations, and departmental normative documents involved in compliance, It mainly includes the Copyright Law, the Copyright Law Implementation Regulations, the Advertising Law, the Film Industry Promotion Law, the Film Management Regulations, the Radio and Television Management Regulations, the Radio and Television Program Production and Operation Management Regulations, the Internet Audiovisual Program Service Management Regulations, the Sino Foreign Cooperative Production of TV Dramas Management Regulations, and the Overseas TV Program Introduction and Broadcasting Management Regulations "Interim Measures for the Administration of Radio and Television Live Programs Involving Mass Participation", "Interim Provisions on the Admission of Business Qualifications of Film Enterprises", "Provisions on the Filing of Film Scripts (Outline), and the Administration of Film Films", "Interim Provisions on Foreign Invested Cinemas", "Administrative Measures for the Distribution and Screening of Digital Films (Trial Implementation)", and "Several Opinions of the Ministry of Culture on Supporting the Development of China's Animation Industry" "Guiding Opinions of the General Office of the State Council on Promoting the Prosperity and Development of the Film Industry", "Notice of the State Administration of Radio, Film and Television on Further Strengthening the Management of Production and Operation Institutions for Radio and Television Programs", "Provisions on the Administration of the State Administration of Radio, Film and Television on Employing Overseas Creative Personnel to Participate in the Production of National Produced Films", and so on.


3. Construction and operation training of compliance management system


The compliance management system is a system that operates organically. The training for the construction and operation of the compliance management system should include the compliance responsibilities of the board of directors, the organizational structure of compliance management, the responsibilities of the compliance management department, the setting of compliance positions, the compliance responsibilities of each position, the compliance management system, specific compliance specifications, the compliance operation mechanism, the compliance management guarantee mechanism, and the compliance supervision mechanism, Enable employees to understand the corporate compliance management system and its operating methods.


4. Interpretation of compliance management documents


Explain and train the existing compliance management documents of the enterprise, enable the enterprise employees to understand the key chapters and key contents of the compliance management documents, help the enterprise employees master the compliance work skills, and solve the problems arising in the enterprise's compliance management.


5. Explanation of compliance elements


The compliance elements refer to the areas that enterprises need to focus on in compliance management, reflecting the regulatory focus of regulatory agencies on enterprises and the expectations of the public on the compliance operation of enterprises. The key compliance areas involved by each enterprise vary depending on its own industry characteristics, business model, and regulatory intensity involved in its business. Therefore, during training, it is also necessary to provide explanations on key compliance areas for customers, to help enterprises highlight key areas, key links, and key personnel on the basis of comprehensively promoting compliance management, and effectively prevent compliance risks.


6. Other customized training courses


In addition, lawyers can also set up training courses by understanding the current construction and needs of the enterprise's compliance management system, or set up training courses for certain major compliance issues that occur in society or encounter the enterprise itself. For example, the recently popular "compliance non prosecution" system is a relatively large topic.


(3) Determine different training content for different training objects


Not all enterprise employees are required to take all compliance training courses, and lawyers need to determine different training content based on the different objects of compliance training.


For example, for enterprise management, more emphasis should be placed on the relationship between compliance and corporate governance; The relationship between compliance and the responsibilities of directors, supervisors, and senior management;


2. For compliance personnel, legal personnel, and internal auditors, it focuses on the construction of the compliance management system, and the process of compliance management;


3. Focusing on popularizing basic compliance concepts for all employees, the company's existing compliance system, and compliance elements closely related to its business.


(4) Create training courseware


After determining the training course and content, lawyers should also prepare compliance training courseware and training notes in advance. It is best to instruct the enterprise docking personnel to distribute the training handouts to the corresponding training objects one week before a certain training course is conducted.


(5) Conduct compliance training


Compliance training should preferably be on-site, and if due to epidemic reasons, online compliance training can also be organized. During training, the lecturer lawyer should fully interact with the trainees, record and answer the trainees' questions in detail. In addition, the following points should also be noted during training:
During training, some compliance cases should be interspersed to make the course more lively and interesting, attract the attention of trainees, and facilitate trainees' understanding and memory of the course content.


During training, the trainees' questions and doubts should be answered in a timely manner, and sufficient time should be reserved for the trainees to answer their questions during each training course.


3. Penetrating the compliance concept and culture into each training course, constantly instilling the compliance concept and culture into the training objects, helping them to form their own awareness of compliance and behavior.


When conditions are met, it is possible to simulate non-compliance scenarios and guide relevant personnel such as business personnel, compliance personnel, and senior managers in how to handle compliance in accordance with the company's compliance management system, compliance management system, and specifications, as well as the responsibilities of compliance positions.


(6) Distribute questionnaires or examination papers


After the training, in order to verify the training effect, it is possible to distribute a registered or anonymous questionnaire to the trainees to understand their acceptance of the training course and collect their suggestions for the training course; You can also set training examination papers according to the requirements of the enterprise, and ask the trainees to answer by name or without name. By scoring the examination papers, you can understand the level of mastery of the training courses by the trainees.
If it is found through the distribution of questionnaires or examination papers that the training effect does not achieve the expected effect, supplementary training courses can be set up.


The above is a brief discussion on the legal services of "compliance training" for film and television cultural and entertainment enterprises in this article. The compliance team of our institute will continue to explore relevant legal issues such as "how lawyers provide compliance legal services" for the film and television cultural and entertainment industry. We welcome your continued attention.