By Maria Torres teacher “Compliance plan: risk assessment, control and prevention” in the Master in Compliance & Data Protection Directorate of the EIP International Business School wanted to share the following post.
The Spanish Constitution, already in 1978, recognized the right of all citizens to enjoy an adequate environment, as well as the duty to conserve it; and determines, for those who fail to comply with this duty, the establishment of criminal and/or administrative sanctions, in addition to the obligation to repair the damage caused.
But it was in 2010 that the Spanish Penal Code granted legal entities criminal liability for the commission of crimes against natural resources and the environment, such as, for example: causing or carrying out emissions, discharges, radiation, extractions or excavations. , among others, that by themselves or jointly with others cause or may cause damage to the quality of air, soil or water, animals or plants (contravening laws or provisions protecting the environment).
Consequences associated with non-compliance in environmental matters
The first of the consequences associated with non-compliance in environmental matters is the “polluter pays” principle, that is, the one who causes damage to the environment assumes the costs and appropriate measures to remedy such damage.
On the other hand, there are also criminal consequences for non-compliance with environmental matters in the event that the damage is caused by the commission of a crime. In this case, the criminal consequences that a company may face for committing an environmental crime range from the imposition of a financial penalty, to the dissolution of the legal entity, to the suspension of activities for a period not exceeding may exceed five years or disqualification from obtaining subsidies and public aid for a period that may not exceed fifteen years, etc.
However, organizations should not neglect the reputational risks that a crime of this type can entail, that is, the loss of trust of employees and interested parties; decrease in customer satisfaction or difficulty in dealing with crisis situations and the change in the perception that the social environment has about a company, among others.
Management system Compliance penal
Therefore, there is a need to implement a Management System Compliance penal that includes this type of crimes (identify them, analyze them and if you consider that they do not apply due to the type of activity carried out by the organization, leave traceability), that establishes prevention and control measures to reduce the probability of commission of this type of risks and guarantee compliance with environmental regulations. In this way, the organization will not only have a model that can provide an defense or mitigation of the criminal liability of the legal entity, but it will also be able to avoid other types of sanctions.
Do you want to specialize in Compliance Management and data protection?
He Master in Compliance & Data Protection Management will make you a highly qualified professional with the necessary skills to carry out specialized tasks in two of the most relevant areas for both private businesses as for public administrations: data protection and regulatory compliance or Compliance.
