Blog category
Compliance & Prevention
21 articles on compliance & prevention: penalties, case law and defense strategy. See the practice area →
Corporate AI Criminal Risk in Spain: The EU AI Act and Compliance
How to manage corporate AI criminal risk in Spain: the EU AI Act, corporate criminal liability under Article 31 bis CP and algorithmic governance.
Criminal due diligence in M&A: Art. 130.2 of the Spanish Criminal Code
Why the buyer inherits the target's criminal liability under Art. 130.2 CP, and how criminal due diligence and R&W protect the deal in Spain.
ESG and criminal compliance: how Article 31 bis CP can exempt a company from criminal liability in Spain
What corporate criminal liability under Art. 31 bis CP is, how an adequate compliance model can exempt the company, and where ESG risks fit today.
Breaching international sanctions (EU, OFAC and UN): the criminal exposure in Spain and how it is defended
Breaching EU, OFAC or UN restrictive measures can amount in Spain to smuggling and money-laundering offences. We set out the legal framework and the defence.
How compliance exempts the company: Art. 31 bis 2 CP requirements
What a prevention model must satisfy for the legal person to be exempt from criminal liability in Spain, and how the company builds its defence.
The Corporate Internal Investigation After a Sign of Crime
Legal framework of the internal investigation: employee rights, validity of digital evidence, whistleblowing channel (Law 2/2023) and Art. 31 bis CP.
Criminal Liability of the Sole Director or Board Member (Art. 31 CP)
A sole director or board member can be personally liable for offences committed within the company. Art. 31 CP, the duty of oversight and a separate defence.
An Executive's Criminal Crisis: How It Is Managed
Investigation, search or arrest of a senior executive or director: coordinating criminal defence, the presumption of innocence, the right to honor and the relationship with the company and the markets.
Director and Officer Criminal Liability and the D&O Policy
How a board member, CEO or CFO can be held criminally liable for offences within the company, what a D&O policy actually covers, and why the director needs a separate defence.
Who Must Prove Compliance Works: The 2025 Shift
For years the company carried the burden of proving its prevention programme was effective. Recent Supreme Court case law shifts course: we explain what changes and what it means for your organisation.
Criminal Defence in ESG Investigations in Spain: 2026 Strategy
When an ESG investigation opens, time works against you. We analyse the lawyer-compliance officer coordination, the conflict between reporting obligations…
CSRD: Impact on the Criminal Audit of Multinationals in Spain
The CSRD Directive requires sustainability information to be audited to the same standards as annual accounts.
ESG Compliance and Criminal Liability in Spain (2026)
The arrival of the CSRD and CSDDD Directives has turned ESG obligations into a direct source of corporate criminal liability.
Corporate Criminal Liability (Art. 31 bis CP) in Spain
Since 2010 companies can be criminally convicted in Spain. We explain the two routes of imputation, the compliance requirements that exempt liability and…
Mandatory Whistleblower Channel in Spain (Law 2/2023): Company Guide
Does your company have more than 50 employees? The internal whistleblower channel has been mandatory since 2023.
Criminal Compliance in Spain 2026: Is It Mandatory? A Company Guide
Is criminal compliance mandatory for your company? We analyse Art. 31 bis CP, corporate criminal liability, the whistleblower channel and the consequences…
Criminal Compliance for SMEs: A Practical Guide for Spanish Companies
Criminal compliance is no longer just for multinationals. Spanish SMEs face real criminal risks.
When Can a Company Director Go to Prison in Spain?
Company directors face criminal liability in Spain for offences committed in their role. We explain the key legal framework, most common crimes, and how…
Compliance 2026: The Mandatory Nature of Algorithmic Auditing
New European directives entering into force this year require auditing hiring and credit scoring algorithms. Non-compliance now has criminal relevance.
Criminal Compliance: the Corporate Shield Against Liability
Why your company needs an up-to-date, effective crime-prevention model to avoid convictions, severe fines and irreversible reputational damage.
Corporate Greenwashing: When Ecological Marketing Becomes Fraud
The Consumer Empowerment Directive and the Criminal Code converge. Lying about sustainability is no longer just misleading advertising, it can be a crime of…
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