A: COMPLIANCE
“Compliance is adapting an organization or company to certain purposes and principles”.
The mission of a company is to make money, but not at nay price, others or oneself.
A person or company is what it does and not just what it says.
The facts demonstrate the personal commitment with oneself (respect for your values) and with others (compliance with the laws and the links assumed with the environment and the community).
Compliance helps you with all of this, it is the essence of business, it generates virtuous behaviors (ethical commitment with definition of behaviors, compliance with the law and internal company standards, efficiency and rationality in processes, prevention and detection of behaviors irregular or anomalous and their prohibition).
WHAT´S A COMPANY?
IT´S AN ORGANIZATION THAT COMBINES the business ideas that its owners or administrators have, which resources they have and what makes them different from their competitors and special for their clients.
In sum
The REASON THAT IT EXISTS or what it does.
The definition of their core business and the needs it covers. Added to this is the definition of competitive advantage, and the target audience; It is the added value, the factor or differential fact. It has an innovative character.
THE OBJECTIVE or where you want to go.
The goal or what you aspire to become, the achievements you intend to reach. It has an inspiring and motivating character.
WHAT VALUES DOES IT HAVE or how does it do it?
The ethical principles that define the corporate culture, standards of conduct that allow the creation of own behavior guidelines, the idiosyncrasy of the company.
THE STRUCTURE or how it is organized.
WHAT MEDIA DOES YOU HAVE or what do you use to do it?
WHAT´S COMPLIANCE?
COMPLIANCE IS DEFINING AND ORDERING AN ORGANIZATION:
Mission, vision and values
THE OBJECTIVES
THE STRUCTURE
THE VALUES
THE MEANS
THE PURPOSES THAT IT MEETS
IN SUMMARY: ADEQUATE AN ORGANIZATION OR COMPANY TO SOME PURPOSES AND PRINCIPLES
FOR WHAT?
Establish CORPORATE PRIORITIES and management criteria.
REINFORCE ethical BEHAVIORS.
RATIONALIZE Resources.
GIVE EFFICIENCY to the organization and management.
Give SECURITY to owners, managers, workers, suppliers, consumers or third parties.
PREVENT AND CORRECT RISKS
MORE PROFITABILITY.
MORE SUSTAINABILITY.
MORE REPUTATION
The mission of a company is to make money, but not at any price, sacrificing others and oneself.
A person or company is what they do and not just what they say.
The facts demonstrate the personal commitment with oneself (respect for their values) and with others (compliance with the laws and the links assumed with the environment and the community).
Compliance helps; it is the essence of business, it generates beneficial behaviors (ethical commitment with definition of behaviors, compliance with the law and internal company regulations, efficiency and rationality in processes, prevention and detection of irregular behaviors or anomalies and their prohibition).
HOW?
IMPLEMENTING A COMPREHENSIVE COMPLIANCE OR GRC SYSTEM
Governance, Risk & Compliance
GRC Programs SEEK:
INTEGRATE in a system the requirements derived from:
A. GOBERNANCE.
Corporate Governance or set of behaviors or standards of good governance. They are embodied in a “Code of Ethics” or “Code of Conduct” that contains the values and principles of a company that generates its “philosophy”, its way of working, and that inspires its Administration and Management.
B. RISK.
Mechanisms for detecting, preventing and correcting the risks of a company (Business, normative and regulatory, financial, operational, reputational, HR, technological, Information environment, etc.).
The analysis and management require detecting the risks of an activity, setting the admitted risk threshold, determining the applicable ones, including the probability of occurrence and the impact on the company, establishing a RISK MAP on which to establish policies, measures, procedures. and controls to reduce them.
C. COMPLIANCE.
Regulatory Compliance System or COMPLIANCE MANAGEMENT SYSTEM (CMS) -Compliance Management System is thespecific organization and control system that is implemented in a specific company.
CLASSES OF COMPLIANCE
DEPEND ON THE RISK ANALYZED. THE MOST COMMON ARE THE LEGAL:
General for a company, activity, division or sector.
SECTORIALS:
Criminal-Corporate Compliance.
Fiscal-Task Governance.
Data Protection.
Environment.
Financial.
Etc.
EXAMPLE OF COMPLIANCE: THE CORPORATE COMPLIANCE.
The Criminal Compliance Programs will function as defense for the company, in the event that it is investigated for a crime, or, in the worst case, acting as mitigating circumstances and by demonstrating, despite the commission of a possible crime, that it´s been put in place reasonable surveillance and control measures.
A truly effective Compliance Program implements a true culture of legal Compliance in the company, as well as an ethical culture on a day-to-day basis.
The Compliance Program will contain: a map of risks of legal non-compliance, a Prevention Plan, a Code of Ethics or conduct, a Whistleblowing Channel, a disciplinary system, training … In any case, the Compliance Program will be “a tailored suit for each company”.
The jurisprudence understands that there is no zero risk, but if the appropriate measures are put in place, the COMPLIANCE, its accreditation will be able to guarantee the company exemption from its criminal responsibility.
B: CRIMINAL DEFENSE OF BUSINESSES.
Is your company involved in a complaint or legal charges?
Have you received a summon?
Have you detected a dangerous or compromised situation committed by a company representative or an employee?
Do not be confused, do not run like a headless chicken … seek advice from someone who offers you confidence and seriousness; the serenity and experience of your advisor will be your peace of mind.
MAP COMPLIANCE defends companies in criminal proceedings, as injured parties or victims of crime and as alleged investigated.
Our lawyers and specialists have the professionalism and experience necessary to assume the defense of companies throughout Spain, for acts committed both in the national territory and abroad.
We inform you of the possibilities of action and you choose the best procedural strategy to defend your interests before the Court, in accordance with our advice.
If your company has a process open … you can still benefit from the possibilities of a Compliance … find out, call us or contact us.
tee the company exemption from its criminal responsibility.
C: COMPLIANCE SYSTEMS EXPERTISE (GRC, CMS, PPD, ETC.).
If you already have a Code of Ethics or Conduct, a Corporate Governance System, have a general or sectoral Compliance or want an external and independent assessment of the mechanisms of social responsibility, Compliance or Organization and Control Models that you have implemented … .Call us or contact us.
We carry out forensic expert reports of your Compliance and defend the expert opinion before the Courts to try to exonerate or mitigate the Company’s criminal liability.