Using technological tools to support compliance
As previously mentioned, the reform of Spain’s penal code in 2015, as well as criminalizing certain business activities, brought the possibility to establish vigilance and control measures to prevent and detect illegal conducts, understanding that the existence of such measures, which were referred to as management systems, could become a cause for exoneration.
Below you may find an index including links to previous posts in case you want to recapitulate on the matters:
- The legal responsibility of organizations.
- Using management systems as tools to support criminal compliance.
- UNE 19601 standard.
In the wake of this, in May of the current year, the Spanish Association for Standardisation and Certification published the Spanish standard UNE 19601 Criminal compliance management systems, which established the requirements to implant, maintain and continuously improve a criminal compliance management system in companies and, as so, their legal risk.
Many private and public national activity sectors are regulated by many legal standards which make assuring legal compliance with each one of them very complicated for the addressees. A sector especially affected by their responsibility to follow legal standards is the financial sector, in which not only traditional credit entities are involved, but also insurance and reinsurance companies along with all this group of new business and organizations dedicated to the management and remittance of funds, among others.
Along with the UNE 19601 described above, using technological tools to support criminal compliance creates a new element able to reinforce the organizational or management framework referred to.
A technological tool able to decide which standards are to be applied at all moments, anticipating nonconformity and able to notice contract breach at an early stage, as well as providing the essential value resulting from its use, constitutes an especially significant tool to demonstrate a legal entities diligence to guarantee the adjustment of their daily development to the current legal standards, even more if such a tool is aligned with standards like the UNE 19601 we have previously mentioned.
Due to this, if would be positive if organizations in more profusely regulated sectors started to seriously consider implanting a standardized model of criminal compliance management, along with technological tools to support it.