The term compliance has taken center stage in the business world. With the increase in regulations and legal obligations affecting companies, a recurring question arises: is compliance mandatory in companies?
The simple answer would be NO. However, it is essential to consider that the landscape is shifting in a direction in which the
compliance
will be essential.
Although the Spanish Penal Code does not explicitly mention the mandatory nature of compliance
compliance
The law does refer to its essence in Article 31 bis, which refers to the liability of legal persons for certain offenses. This suggests that, although it is not mandatory,
the implementation of a compliance program
program can exempt the company from criminal liability
.
There are multiple regulations that indirectly allude to compliance, such as the
whistleblower protection law
or EU Directive 2019/1937. These laws underscore the importance of having mechanisms in place, such as the
whistleblower channel
that promote an ethical and transparent work environment.
The
compliance officer
plays a fundamental role in this scenario, taking charge of managing the compliance program, ensuring that all regulations are respected and avoiding potential sanctions.
But when is compliance really mandatory?
compliance
? There are certain laws and statutes that do require organizations to have a regulatory compliance control system in place, such as the
Prevention of Money Laundering Act
.
Although the debate over whether compliance should be mandatory continues, there is no doubt of its value and benefit to companies. In addition to ensuring legal compliance, it also contributes to improving the company’s image in the eyes of partners, investors and customers. In addition, it is often a requirement to establish business relationships with large companies or international companies.
Conclusion
Beyond the fact that it is mandatory, implementing a compliance program
compliance
is highly recommended. Provides legal certainty and protects companies from potential sanctions
sanctions
. In an ever-changing business world, being prepared and up-to-date in terms of regulations is a necessity, and compliance is the perfect tool for this.
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