Compliance officer

 

Once the Reform of the Criminal Code was approved by the Congress of Deputies, the figure of the Compliance Officer arrived at Spanish companies by law, and their main function will be avoiding the commission of errors by an organization, as well as to manage the company’s crime prevention system.

What is the compliance officer?

The compliance officer is in charge of guaranteeing that companies and organizations comply with the law and is a very important figure within the corporate environment, participating directly in business decision making.

There is also the chief compliance officer (CCO), a figure that has the mayor authority and responsibilities inside the company, as well as total freedom to operate and implement measures for the prevention of legal risks, take care of the staff training, research, recommend sanctions, etc.

What does compliance mean?

Compliance is a group of procedures and good practices adopted by the organizations to identify and classify possible risks and breaches of legality.

What does a compliance office do?

The director of the compliance must inform about the possible risks and breaches of a company, for this they will have to carry out monitoring, control, implementation, and notification tasks to enable them to detect such risks.

MAIN DUTIES OF A COMPLIANCE OFFICER

• Supervision of the operation and compliance with the Criminal Compliance model.
• Information and training to employees on the Criminal Compliance model.
• Surveillance and control of the company’s personnel by monitoring a matrix of criminal risks.
• Review and modification of the crime prevention model.
• Management of the channel for complaints and internal investigations.

 

How to implement a compliance program?

As it is established in the criminal code, the compliance program must be implemented by a body independent from the company, which will have full powers of initiative and control and will be responsible for monitoring the effectiveness of the established controls.

In Lawyers & Accountants, we put ourselves at your disposal to carry out the tasks of a compliance officer of your company, through lawyers specialized in prevention of legal risks and supervision, who will be responsible of preventing crimes from being committed in the company.

 

SERVICES OF THE LAWYERS & ACCOUNTANTS SUPERVISORY BODY

• Identification and analysis of internal and external risks (suppliers, customers, subcontracted companies, etc.).
• Proposal of supervision and control measures, as well as measures against non-compliance.
• Proposal of measures that enable the accreditation of control and supervision functions.
• Reception and investigation of complaints.
• Issuance of reports of a preventive or reactive nature, evaluations in the event of non-compliance and periodic reports on the effectiveness or compliance with the model.
• Study of new legislation, jurisprudence and doctrine, aimed at the continuous improvement of the model implemented.
• Dissemination of information and in-company training.
• Verification and periodic updating of the model.

 

In Lawyers & Accountants, we will implement a compliance program and carry out the functions of the compliance officer independently of the company, preventing the commission of any type of crime and warning of possible deficiencies that we detect.