After the entry into force in 2015 of the Criminal Code Reform, many companies have asked themselves this question:

Why should I implement it in my company?

The question has 2 fundamental answers:

FIRST! My company must grow and adjust to the new business models, for this, I must have a transparent corporate policy and ensure that my company is governed by responsible ethical principles, only then will I be able to retain my best customers and suppliers and gain a reputation in the market. Therefore, Compliance is a key element in the company’s reputation, the higher the reputation, the greater the productivity.

SECOND! From now on my company (as a legal entity) may be affected by the commission of crimes carried out by executives, employees or personnel acting on their behalf, that is, acts committed by third parties may damage my image, my reputation, the one that has cost me so much to put in value, how to avoid it? Implementing an effective Compliance Program and adjusted to MY company.

What is a Compliance Program?

It is about implementing a series of internal regulations in the company that include the appropriate surveillance and control measures to prevent crimes that can be carried out by the same or by the members of the organization, to significantly reduce the risk of his commission.

How do i do it?

Analyzing the possible activities and risk behaviors that can occur in each functional area of my company and preparing risk reports and prevention plans to avoid their commission. Implementing a Compliance program also entails developing action plans in the case of committing crimes, implementing a complaints channel and developing an Ethics and Good Practices Code adjusted to the company, among other tasks.

My Compliance Program will be suitable and effective when it has been prepared by a professional and has been carried out as a CUSTOMIZED SUIT to my company, afterwards, it will have to be continuously monitored, controlled and updated on it.

Encarnita Hervías L.
Encarnita Hervías L.Founding partner at HERCAM ABOGADOS - COMPLIANCE & PROPIEDAD INDUSTRIAL