Corporate Compliance

The concept of Corporate Compliance emerged following amendments to the Criminal Code in 2010 and 2015, which established the criminal liability of legal entities for offenses committed by their members for the organization’s benefit. The 2015 reform introduced the possibility of exemption from criminal liability for organizations that implement and follow structured Corporate Compliance Programs.

These Programs feature elements like a whistleblowing channel, which is essential for reporting risks and breaches to the body overseeing the Program’s operation and compliance. Additionally, compliance with Law 2/2023 of 20 February, on the protection of persons who report violations of the law and the fight against corruption is crucial, as it governs the protection of whistleblowers and anti-corruption measures, detailing requirements for whistleblowing channels. This law mandates that such channels shall be established in private-sector entities with over forty-nine employees and across all public-sector organizations.

We consider Corporate Compliance to extend beyond merely preventing offenses, such as money laundering or tax fraud, which could result in liability before regional or national tax authorities. It forms a fundamental part of an organization’s framework, guiding both routine and strategic actions. Ultimately, it serves as a shield for the business, safeguarding not only its legal standing but also its reputation.