Compliance

The Compliance department is staffed by a team of highly qualified legal professionals with broad compliance experience in a range ofdifferent sectors.

The head of the department has extensive practical knowledge of compliance matters, having designed and implemented compliance programs as the internal Chief Compliance Officer of various multi-national and Spanish entities. Furthermore, she has served as member of the Organismo di Vigilanza in Italian companies (acting under the Italian Legislative Decree 231/2001) and is a member of several Supervisory bodies in companies operating in Spain.

We currently provide advice to various companies, both national and international, on the drafting, implementation and adaptation of their compliance programs according to the new requirements of the Spanish Criminal Code, amended in 2015. This amendment incorporated a significant benefit for companies that adopt and effectively implement a compliance program, as it can serve as corporate defence for the company in case of offences committed by its directors, officers or employees.

The Compliance department cannot only help you to avoid criminal liability, but we also offer a wide range of strategic consultancy services in order to help you in gaining competitiveness trough the implementation of a proper culture of compliance within your organization.

Our professionals have held corporate compliance positions in different companies, allowing us to add value by providing eminently practical advisory services in the implementation and adaptation of compliance programs to ensure an effective and appropriate corporate culture.

Our services

Eversheds Sutherland Commercial, Corporate and M&A Law Department offers the following services:

• advisory, preparation, monitoring and control of compliance programs in different sectors

• analysis of criminal and sectorial risks, focusing on specific risks arising from your business activities

• drafting of codes of conduct and corporate policies designed in view of the client’s specific business reality and the potential risks it entails

• advising in relation to the possible implementation of whistleblowing hotlines and external management of the same

• design of effective information and communication programs targeting employees and third parties who may present risks in the compliance area (sales agents, suppliers, etc.)

• draft control and monitoring procedures to ensure all control measures are properly implemented within the company and on subsidiaries, franchiseesand distributors

• investigation of possible violations (business fraud, corruption, etc.) that could result in liabilities for the company or its directors, conducted by a multi- disciplinary team of forensic investigators, employment and tax experts

• acting as Compliance Officers or external members of the Supervisory Compliance Committees, assisting in the design of the required measures to ensure the effective supervision and control withinthe organisation

• designing and implementing training courses for directors, executives, employees and third parties in order to raise awareness and create a culture of compliance within the organisation

• reviewing and updating the Compliance Programmes in place in the company in order to ensure alignment with new legislation through a comprehensive gap analysis