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The reform of the Spanish Criminal Code introduced by Constitutional Law 5/2010, of 22 June, and the subsequent Constitutional Law 1/2015, of 30 March, introduced the direct criminal liability of legal persons for criminal offences committed by legal representatives and directors on behalf and for the benefit of such legal persons, or by employees not subject to adequate control. Within this new legal framework, companies of all sizes are required to implement effective compliance programs in order to prevent, detect and respond to legal risks of their companies and avoid the commission of crimes.
We offer highly value-added legal advice on implementing effective systems to supervise regulatory compliance and crime prevention.
Services
- Reviewing existing compliance programs.
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Adapting international models to the demands of national legislation and vice versa.
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Defining the responsibilities and composition of the Internal Supervisory Body (Compliance Officer) of companies.
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Assisting the compliance officer in his / her obligation to continually monitor the compliance program with constant updating and adaptation to the company’s circumstances.
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Developing in-house training programs for companies.
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Providing corporate defence or legal assistance with any court proceedings that may be initiated.
- Providing comprehensive, highly specialized advice, which allows our clients to face new legal challenges in matters of compliance, in the following areas:
- Criminal Compliance. Assistance with the drafting, implementation and approval of Comprehensive Crime Prevention Systems
- Ethical and Social Compliance
- Corporate Governance Compliance
- Legal Compliance (prevention of labour risks, money laundering, anti-trust…)
- Financial Compliance
Professionals
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Benjamín J. Prieto Clar |
Partner |
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José Ignacio Olleros Izard |
Of Counsel |
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Esmeralda Iranzo Sánchez |
Director |
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Iñaki Planas Dols |
Director |
Publications
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Andersen strengthens its position in Chambers with eight departments and 15 leading professionals in the Chambers Europe 2022 ranking | News | Corporate Compliance | Culture, Sports & Entertainment | Banking and Finance | Tax | Employment Law and Social Security | Corporate Law and M&A | Litigation | Public and Regulatory Law | Urban Planning and Environmental Law | Environment and Sustainability | Restructuring and InsolvencyThe 2021 edition of Chambers & Partners highlights the firm in the areas of Corporate/M&A, Dispute Resolution, Employment and Tax and, for the first time, Public Law, Planning, Corporate Compliance and Environment
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The Whistleblowing Channel: Enhanced whistleblower protection begins | Publications | Corporate Compliance | Employment Law and Social Security | Privacy, IT & Digital BusinessThe deadline for Spain, as an EU Member State, to transpose Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law has expired
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Ensuring the continuity and survival of companies: objectives of Good Corporate Governance and Compliance | News | Family Business | Corporate Compliance | Corporate Law and M&AAndersen presented, with the collaboration of Telefónica, the event "Good Corporate Governance and Compliance", with the participation of Manuel Crespo de la Mata, Chief Compliance Officer of Telefónica, and José Ignacio Olleros and Santiago Fuentes from Andersen
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Andersen in Spain Promotes Four New Partners, the Firm's Highest Number to Date | News | International Arbitration | Corporate Compliance | Anti-Trust Law and European Union Law | Corporate Law and M&A | Litigation | Privacy, IT & Digital BusinessThe firm has approved the appointment of Rocío Gil, Isabel Martínez Moriel, Elena Sevila and Jaime Aguilar as Partners, reinforcing the firm’s commitment to talent and the projection of its professionals in positions of responsibility
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Andersen and CSV join forces to strengthen Smart Compliance | News | Corporate ComplianceThe new service enables companies to ensure rational compliance with their legal obligations
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Start of the 5th Course for Compliance Officers in the pharmaceutical industry | News | Corporate Compliance
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Andersen supports Mercavalència to become the first company of the public sector in the Valencian Community certified in Criminal Compliance Management Systems | News | Corporate ComplianceEQA certifies Mercavalència under the UNE 19601:2017 standard
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Data protection and new technologies | News | Corporate ComplianceMaría Zarzalejos collaborates in the Working Group on Data Protection and New Technologies of the Spanish Association of Compliance in the publication on innovative technologies applied to Compliance
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Challenges for the compliance officer in the protection of trade secrets in the pharmaceutical sector | News | Corporate ComplianceJosé Ignacio Olleros analyses the functions of the compliance officer in relation to the need to protect business secrets in the pharmaceutical sector
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How to get the designation of the compliance officer right from a procedural perspective | News | Corporate Compliance | LitigationBenjamín Prieto analyses the figure and the role of the Compliance Officer from a procedural point of view, when the legal person is being investigated for possible criminal liability
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Compliance programme in the agribusiness sector | News | Corporate ComplianceJosé Miguel Soriano analyses the need to implement the compliance program in the agribusiness sector to avoid risks such as sanctions or reputational damages for non-compliance with the regulatory framework
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The IV Compliance Officers in the pharmaceutical industry Course begins | News | Corporate ComplianceThe fourth edition of the course "Compliance officers in the pharmaceutical industry and related", organized by Farmaforum Formación and Andersen Tax & Legal will be held over nine days until 22 November in the auditorium of Andersen Tax & Legal Madrid
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I Compliance Meeting in Barcelona | News | Corporate ComplianceRamos Faus has participated in the I Compliance Meeting in Barcelona organized by Barcelona Bar Association (ICAB). Ramon Faus participated as moderator of a panel on cybersecurity and compliance.
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The latest standards on networks and information systems bring compliance to cybersecurity | News | Cybersecurity | Corporate ComplianceThe cybersecurity sector creates 120,000 jobs a year in Spain and is expected to generate up to 250,000 million euros of additional growth in the next 5 years. Isabel Martinez argues that companies should take certain preventive measures because all are exposed to a cyber attack
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Descriptive analysis of the Compliance Department in the Pharmaceutical Industry in Spain | News | Corporate ComplianceJose Ignacio Olleros and nine other members of the Pharmaceutical Sector Working Group (GTSF) of the Spanish Association of Compliance (ASCOM) analyze the profile map of the Compliance Officer in the Pharmaceutical Industry in Spain in an article published by the Spanish Journal of Economics Of the health
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Non-Financial Reporting and Diversity Act strengthens compliance programs | News | Corporate ComplianceClaudio Aguiló analyses in the Confilegal the 11/2018 Law of 28th of December and the importance of the Compliance
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Thomson Reuters: Practicum Compliance 2018 | News | Corporate ComplianceMembers of Andersen Tax & Legal Spain collaborate with Thomson Reuters in order to publish a new book
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Can I go to jail if I keep a lost wallet? | News | Corporate ComplianceRocío Gil talks in Expansión jurídico about the obligation to take the effects found to the corresponding lost property office.
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III Compliance Officers in the pharmaceutical industry Course begins | News | Corporate ComplianceThe third edition of the Compliance Officers course is held in Barcelona in collaboration with Farmaforum and IQS
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The compliance officer has a fundamental role in the protection and reputation of the company | News | Corporate ComplianceAndersen Tax & Legal and Farmaforum meet with experts on compliance challenges in the pharmaceutical industry
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Compliance as a strategy for sustainability and viability of the pharmaceutical and biomedical sector | News | Corporate ComplianceExperts Meeting in Pharmaceutical Compliance of Andersen Tax & Legal, Farmaforum and IQS in Barcelona
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Completion of the II Compliance Officers Course | Events | Corporate Compliance
Last Friday, December 1st, the second Compliance Officers course, organised by Farmaforum Formación and Andersen Tax & Legal, ended, after nine days of content related to the world of pharmaceutical compliance
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Regulatory compliance, a good business practice | News | Corporate Compliance
Benjamín Prieto participates in the conference on compliance organized by Las Provincias
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Private corruption in compliance programs | News | Corporate Compliance
Rocío Gil and Elena Ballesteros analyse the measures that can be established in the company to protect ethical development in business and prevent private corruption crimes
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Minimising criminal liability: A question of effective prevention | News | Corporate Compliance
An increase in demand has been accompanied by an increase in supply. However, the programs that arise are not always effective. To choose the most suitable experts, it is essential to assess their experience and training
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II Compliance Officers course for the pharmaceuticals industry gets under way | News | Corporate Compliance
The second Compliance Officers course started this month, continuing with the professional development of students in legal aspects of the pharmaceuticals industry
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Interview with Rocío Gil and José Ignacio Olleros about the 2nd Compliance Officers Course | News | Corporate Compliance
Farmaforum and Andersen Tax & Legal present the 2nd Advanced Compliance Officers Course in an interview with Rocío Gil and José Ignacio Olleros
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Individuals may be considered part of a group of companies for insolvency law purposes | News | Corporate Compliance
Judgment 1479/2017 of 15 March of the Civil Division of the Supreme Court brings to an end the doubts surrounding the definition of a "group of companies" for the purposes of insolvency law
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Executive Liability and Compliance: lines of defence and firewall measures | News | Corporate Compliance
Andersen Tax & Legal, with the cooperation of Page Executive and the France-Espagne Chamber of Commerce, analyses the importance of having a Compliance programme
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Compliance awareness in Spain increasing, but market still unsophisticated | News | Corporate Compliance
Large businesses in Spain are now recognising the importance of corporate compliance, though the market is still relatively immature, says Álvaro Gámez Serracarbassa, head of the compliance department at Andersen Tax & Legal
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El Economista: Criminal compliance, a programme tailored to each company | News | Corporate Compliance
Iñaki Planas and Esmeralda Iranzo analyse the recent changes in Spanish law relating to the criminal liability of legal persons
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Something is changing and it's not a coincidence | News | Corporate Compliance
On 8 March we woke to two pieces of news which, although apparently unrelated, have something in common, the bringing of criminal charges against a corporation and what a corporation is obliged to do to achieve exoneration from criminal liability.
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