European and national regulations mean that companies in Spain must prepare to implement numerous procedures in various departments, i.e. human resources or facilities management.

Spanish authorities issuing first fines

Spain is developing a full legislative framework with its own national components and rules (which in some respects vary from European rules) and, more importantly, the various authorities are now also starting inspection procedures and fining non-compliant companies.

Most of these procedures will be known to multinational companies already operating in other European Union countries. However, it is important to consider that it is not possible to simply translate the procedures used in one country (for example, where the headquarters are located) and assume that a multinational company is therefore compliant with Spanish regulations.

Many compliance regulations require advice from accountants, tax consultants and auditors in addition to legal input. We can deliver everything from a single source.

Christian Koch, Lawyer, Partner, ECOVIS Legal Spain v. CARSTENN-LICHTERFELDE ABOGADOS, Madrid, Spain

Tough compliance regulations in Spain

Companies must bear in mind that in many cases the regulations in Spain are stricter or more formalistic than in other European countries. For example, in order to avoid criminal liability, it is not enough for companies to institute a whistleblower channel and publish ethics rules. Instead, a whole system must be created with compliance officers, committees, review systems, etc. The same applies to, among others, data protection regulations (with particularities regarding labour whistleblower channels, additional situations requiring a compulsory DPO or the recognition of digital rights), equality and diversity plans (where a retributive audit is mandatory).

The Ecovis experts recommend that companies bring external support on board to correctly adapt their own corporate compliance regulations to the Spanish regulations. It is important to ensure that the original procedure within the group is retained as far as possible to ensure that the rules are not too different in each country in which the company operates.

For further information please contact:

Christian Koch, Lawyer, Partner, ECOVIS Legal Spain v. CARSTENN-LICHTERFELDE ABOGADOS, Madrid, Spain
Email: christian.koch@ecovis.es

Ester Pérez, Ethics, Compliance & Privacy Specialist, ECOVIS Legal Spain v. CARSTENN-LICHTERFELDE ABOGADOS, Madrid, Spain
Email: ester.perez@ecovis.es