Criminal corporate compliance

Published by gcla

20 July 2017

On May 18th 2017, Regulation UNE 19601 on criminal compliance protocols has entered into force. This is a step further in corporate ethics and it clarifies the so far blurred limits of criminal prevention systems.

Once that criminal liability of companies has been included in the Spanish Criminal Code, compliance protocols help exonerate or at least mitigate the liability of corporate officers and even the corporation itself.

This regulation follows Circular 1/16 of the State General Attorney, where the main outlines of what a criminal compliance protocol are described: identification, analysis and evaluation of the criminal risks (risks map), provision of sufficient financial resources for prevention, disciplinary actions implementation, reporting channel, etc.

According to the Regulation UNE 19601 specifications, compliance protocols will be certifiable by an independent appointed expert, allowing companies to prove they have a valid system in force to prevent malpractice and criminal conducts, which will undoubtedly enhance trademark image and corporate reputation in the market.

This new Regulation is applicable to all types and sizes of companies. At GCLA we will be glad to help you implement a safe criminal compliance protocol in your company.

 

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