Last Wednesday, the 13th of March, marked one (1) year since the Anti-Fraud Office of Catalonia (hereinafter referred to as the Anti-Fraud Office or OAC, for its acronym in Catalan) assumed the responsibilities for the protection of whistleblowers in accordance… Read more

The deadline for implementing the necessary changes for the use of cookies, according to the criteria set out in the Guide on the Use of Cookies, has expired, after a transitional period of six months. On 11 July 2023, the Spanish Data… Read more

Desde el Departamento de Compliance de Molins Defensa Penal se ha preparado el presente monográfico de todos los ComplianceKeys publicados en nuestro web y en las redes sociales hasta la fecha. Como se puede comprobar, este serie de ComplianceKeys trata cuestiones básicas y de interés en… Read more

Properly managing the protection of personal data within an organization is of vital importance today. We are constantly witnessing administrative sanctions and reputational judgments to which those organizations that do not comply with the regulations in this area and/or have… Read more

#Compliancekeys24 After more than (10) ten years since the introduction of the criminal liability of legal entities in the Spanish Criminal Code, the Supreme Court has had the opportunity to rule on issues affecting Compliance on numerous and diverse occasions. Thus, this ComplianceKeys24 will provide a list of the most… Read more

The term Compliance can be defined as regulatory compliance, or compliance with that which must be complied with. The scope of the regulatory compliance that a given entity must ensure can be very broad, as well as the totality of… Read more

Ethical channels have acquired great relevance since the recent and novel publication of Law 2/2023, of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption (hereinafter Law 2/2023). Although Law 2/2023 has encouraged… Read more

In the last #ComplianceKeys we made a brief comment on one of the most important elements that make up a Compliance System: the Code of Ethics or Code of Conduct (ComplianceKeys20). In this #ComplianceKeys21, we follow the same line as… Read more

The Code of Ethics could be defined as the normative constitution of an organisation, that is, the fundamental regulation from which all others are derived. It will also be the soul of the organisation, a document that sets out the… Read more

In the last #ComplianceKeys we have offered a brief analysis of some of the main characteristics of a prominent figure of any Compliance System: the Compliance body. Thus, previous publications have dealt with issues such as its configuration as a… Read more

In the last #ComplianceKeys (ComplianceKeys17) a brief introduction was made to one of the basic characteristics of Compliance bodies: their possible configuration as single-person bodies (for example, through the figure of the Compliance Officer) or as collegiate bodies (for example,… Read more

ComplianceKeys#10 As we advanced last week with #Compliancekeys9, the regulation of corporate liability for the commission of crimes or administrative offenses in the case of companies differs significantly between different countries.  Along the same lines, in #Compliancekeys10 we addressed the… Read more

ComplianceKeys#9 The regulation of corporate liability for the commission of crimes or administrative offenses within companies differs significantly among the different Member States of the European Union. Indeed, there is currently no EU directive or regulation unifying the regulation of… Read more

ComplianceKeys#8 Christmas is often synonymous with joy, rest and gifts. In a business context, gifts are synonymous with a good relationship with a customer, supplier or other third party, but they can also mask other, less innocent intentions. Thus, what… Read more

ComplianceKeys#7 As has been analysed in other Compliance Keys, legal entities may be criminally liable for offences committed in the course of their activities. However, Article 130.2 of the Spanish Criminal Code establishes an exception to this issue that deserves… Read more

ComplianceKeys#6 In parallel to the penalties that can be imposed on legal entities (ComplianceKeys#5), Article 129 of the Spanish Criminal Code regulates a series of punitive consequences that can be applied to entities without legal personality in the event that… Read more

ComplianceKeys#5 Having analyzed in other Compliance Keys the legal entities that can be criminally liable in Spain (ComplianceKeys#2), the crimes that can generate criminal liability for legal entities in Spain (ComplianceKeys#3) and, finally, the requirements for the attribution of such liability… Read more

ComplianceKeys#4 As has been introduced in other Compliance Keys, since the reform introduced in the Criminal Code by Organic Law 5/2010, legal entities (such as corporations, foundations, associations, etc.) may be criminally liable for crimes committed within them. However, Article… Read more

ComplianceKeys#3 In view of the configuration of the model of attribution of criminal liability to legal entities introduced by the Spanish legislator in the reform of the Criminal Code carried out by Organic Law 5/2010, of June 22nd legal entities… Read more

ComplianceKeys#2 1. Which legal entities can be held criminally liable in Spain? When defining which collective entities are liable to criminal liability, Article 31 bis of the Spanish Criminal Code refers to "legal entities". This term is rather generic and… Read more

ComplianceKeys#1 Corrective action: Action to eliminate the causes of a nonconformity or noncompliance and prevent its recurrence. Senior management: Person or group of persons who direct and control an organization at the highest level. Audit: Systematic and independent process for… Read more