{"id":15544,"date":"2023-03-17T08:53:22","date_gmt":"2023-03-17T08:53:22","guid":{"rendered":"https:\/\/www.duransindreu.com\/compliance\/"},"modified":"2026-04-29T10:51:51","modified_gmt":"2026-04-29T10:51:51","slug":"compliance","status":"publish","type":"page","link":"https:\/\/www.duransindreu.com\/en\/compliance\/","title":{"rendered":"Compliance"},"content":{"rendered":"\t\t
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Compliance services<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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“Compliance helps companies to avoid, control and act in time to prevent legal, criminal and reputational consequences.”<\/em><\/strong><\/h5>

Corporate compliance refers to the practice of ensuring that a company complies with internal and external laws and regulations, ethical standards and established policies. This involves implementing programmes and processes to prevent and detect misconduct such as corruption, fraud, money laundering, breaches of personal data protection, employment or environmental violations, among others. The main objective of compliance is to comply with the various regulatory frameworks and to promote transparency, integrity and accountability within the organisation, as well as to mitigate the risk of legal sanctions, reputational damage and financial harm.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Criminal prevention<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A criminal compliance management system covers a wide range of activities, from the implementation of internal policies and procedures to prevent crime to carrying out audits and risk assessments. These services also include training staff on legal and ethical issues, as well as setting up reporting programmes to foster a culture of integrity within the organisation.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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What is criminal compliance?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Criminal compliance is a set of measures and procedures a company must adopt to prevent and detect possible criminal-liability offences within its organisation. This proactive approach seeks to ensure that the company complies with all relevant laws and regulations, thereby avoiding legal sanctions and reputational damage. Common criminal compliance practices include implementing codes of ethics, carrying out internal audits, training employees on legal and ethical issues, and appointing a compliance officer.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Is it necessary to have a compliance programme?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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For directors, adopting a crime-prevention programme that meets the requirements of the Criminal Code and other applicable rules is not an option but an obligation that, although not derived directly from the Law or the articles of association, is nonetheless unavoidable in light of the circumstances and their duty of diligence. Directors do, however, have a degree of discretion in determining its content.<\/p>

Article 31 of the Criminal Code:<\/b> Assigns to the management body the adoption and implementation of organisational and management models that include suitable supervision and control measures.<\/p>

Article 225 of the Spanish Companies Act:<\/b> General duty of diligence. 1. Directors must perform their duties and comply with the obligations imposed by law and the articles of association with the diligence of a reasonable businessperson, taking into account the nature of the role and the functions assigned to each of them.<\/p>

Article 226 of the Spanish Companies Act: <\/b>1. With regard to strategic and business decisions subject to business judgement, the standard of diligence of a reasonable businessperson is deemed met when the director has acted in good faith, with no personal interest in the matter being decided, with sufficient information and following an appropriate decision-making procedure.<\/p>

Article 529 ter of the Spanish Companies Act:<\/b> Sets out the powers of the management body that cannot be delegated, expressly including: “b) The determination of the risk control and management policy, including tax risks, and the supervision of internal information and control systems.”<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Where is criminal compliance regulated in Spain?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Criminal compliance is mainly regulated by the laws and specific regulations of each country. In Spain, for example, it is mainly regulated by the Criminal Code, as well as by the Organic Law on the Criminal Liability of Legal Entities. These rules set out the requirements and obligations companies must meet to prevent the commission of offences in the course of their business, as well as the criminal risk arising from non-compliance. There are also international standards, such as UNE 19601, ISO 37001 or ISO 19600, which provide guidelines for implementing compliance management systems globally. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Effectiveness of Compliance models<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Implementing criminal compliance models ensures the quality and prosperity of the company. Through our Compliance prevention plan we can:<\/p><\/div><\/div><\/div><\/div>