Dlgs 231/01

The compliance procedures have a guarantee and demonstration function of the company’s conformity with regulatory rules and practices. This with a view to empowering companies, which are now required to have proactive behaviour aimed at facing threats related to the activity carried out.

Corporate compliance also concerns the guarantee placed by the organization that internal procedures are taken and certain protocols are adopted by the entity, that is, the activities referred to in Legislative Decree 231/2001, governing the liability of entities for administrative offences related to crime.

There are now many sentences that, according to the rule in question, configure the thesis of tertium genus responsibility, similar to criminal sanctions, ascribable to entities in carrying out certain illegal conduct and / or crimes.

Although the application is still optional, the Legislative Decree no. 231/2001 reveals its fundamental character for the prevention of multiple crimes, integrated over time by an accurate modification and integration of the legislation: by way of example, manslaughter or serious or very serious injuries committed with violation of the rules on health protection and workplace safety, computer crimes and illegal data processing, environmental and tax offenses, receiving stolen goods, money laundering and so on.

With a view to prevention, it is desirable to adopt an organizational model aimed at assessing the company’s exposure to the commission of crimes and ways to prevent them, also providing for a disciplinary system suitable for sanctioning failure to comply with the model itself. The commission of crimes within a company can expose the entity to significant penalties – pecuniary, disqualifying and, in the most serious cases, confiscation and publication of the sentence – which is why the implementation of certain types of measures is necessary, organizational, procedural and technical.

It is sometimes required by the calls for tender as a condition for participation, as an index of transparency and guarantee of a structured activity on the prevention of criminally relevant events.

It is evident how, after almost twenty years, the Legislative Decree 231/2001, for example, has been able to anticipate what today, in the matter of information technology and privacy, the EU Regulation 2016/679 – GDPR has codified as the principle of accountability, by requesting those who hold a top position within a company context to report (and consequently organize) their activity.

Proconsul Group uses competent professionals able to assist the customer in the fundamental steps to guarantee full regulatory compliance, namely:

• conducting interviews with managers and the company production organization;
• staff training, aimed at understanding the fundamental principles of the legislative decree, through the analysis of concrete cases;
• drafting of the organizational model, verifying its correct application, as well as the proper and continuous updating of the same.