Compliance management is still under development for companies

Silvia Quiles, director of the criminal law department, analyses compliance management and its development in companies for Legal Today 's AJA Magazine. Having information channels in place and conducting internal investigations is an obligation that can lead to criminal liability if not carried out.

In her article, our criminal lawyer highlights the main challenges and controversies surrounding the reporting channel and its use: ‘Most of the information received through the channels does not fall within the scope of Article 2 of the Law, as it does not constitute serious offences or crimes, but rather behaviour contrary to the Code of Ethics, policies, protocols or internal procedures’. 

She adds: ‘One of the most controversial points is the fear of abuse of the system to protect oneself from dismissal, and doubts about the legality of certain evidence gathered during the internal phase.’

For compliance management to work properly, our lawyer emphasises that ‘not only technical compliance is required, but also a genuine organisational culture of compliance, integrity and transparency. Only then will this instrument be effective in the early detection of irregularities and in the real protection of those who dare to report them.’