Corporate Compliance

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The reform carried out in the Criminal Code by Constitutional Law 5/2010, of 22 June, and the subsequent Constitutional Law 1/2015, of 30 March, introduced in Spain the direct criminal liability of legal persons for criminal offences committed by legal representatives and directors on behalf and for the benefit of said legal persons, or by employees not subject to adequate control.

This reform, apart from representing a major legislative change, is beginning to enhance a “compliance culture” (or, put in other words, regulatory compliance in the business sector), already implemented in other countries familiarised with corporate responsibility (integrity codes, business ethics, compliance guidelines…), in Spain.

Within this new legal framework, companies of all sizes are required to implement effective compliance programs in order to prevent, detect and respond against legal risks of their companies and avoid commission of crimes.   

Compliance programs constitute an essential component of corporate management. A comprehensive compliance program reduces the risk of irregular behaviour and subsequent monetary sanctions, legal ramifications and reputational damage. Furthermore, the legislator specifically contemplates mitigation (and/or exemption) of criminal liability when companies can demonstrate that they have adopted and executed adequate programms to prevent criminal behaviour.

Services

  • Comprehensive, highly specialized advice, which allows our Clients to face new legal challenges in matters of compliance, in the following areas:
    • Criminal Compliance. Assistance with the drafting, implementation and approval of Comprehensive of Crime Prevention Systems
    • Ethical and social compliance.
    • Corporate Governance Compliance.
    • Legal Compliance (prevention of labour risks, money laundering, anti-trust…).
    • Financial Compliance.
  • Review existing compliance programs.
  • Adapt international models to the demands of the national legislation and vice versa.
  • Define the responsibilities and composition of the Internal Supervisory Body (Compliance Officer) of the Company.
  • Assist the compliance officer in his / her continued monitoring responsibility of the compliance program with constant updating and adaptation to the company’s circumstances.
  • Develop an in-company training program.
  • Corporate Defence or legal assistance with any court proceedings that may be initiated.

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