Blog category
Compliance & Prevention
20 articles on compliance & prevention: penalties, case law and defence 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 target's criminal liability passes to the absorbing or resulting entity, or stays with the acquired company, 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.
Who Must Prove Compliance Works: The Supreme Court vs the Public Prosecutor
Must the company prove its prevention programme was effective, or the prosecution prove its defect? The Supreme Court and the Public Prosecutor's Office disagree: we explain what it means for your organisation.
Autonomous AI Agents: Who Is Criminally Liable? (2026)
When an autonomous AI agent causes harm or carries out criminal acts, who is liable? The principle of culpability and the attribution of liability to…
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 externally verified: which offences falsifying it may involve and how it is defended.
ESG Compliance and Criminal Liability in Spain (2026)
The CSRD and CSDDD Directives create no offences, but their ESG obligations raise the criminal risk for companies and their directors.
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 50 or more 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: Algorithmic Auditing and High-Risk AI
The EU AI Act subjects hiring and credit-scoring algorithms to human oversight. The criminal risk lies in the discrimination they may produce.
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.
Criminal Liability of AI: Can an Algorithm Go to Jail?
When an autonomous AI causes harm (a self-driving car hits someone), who is criminally responsible?
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