Compliance – Legislative Decree 231/2001, Privacy, ESG, Anti-corruption
The Firm provides assistance to companies and entities in order to fulfill their obligations in terms of privacy as well as in order to comply with the provisions of administrative liability of entities pursuant to Legislative Decree 231/2001.
The Firm also provides consultancy for the legal aspects related to projects in the field of Environmental, Social and corporate Governance (ESG) by collaborating with leading assistance and certification bodies in this field as well as for the fulfillment of the obligations provided for in the field of anti-corruption, also participating in working groups at national and transnational level.
Privacy
As is known, the European privacy reform has become fully effective since 25 May 2018. The European Legislator, by issuing EU Regulation 2016/679 (so-called General Data Protection Regulation – GDPR), intended, in short, to “urge” professionals/public bodies and companies to adopt “proactive awareness” behaviors of their professional/business processes to the new provisions on the matter.
In other words, the owners are required to carry out a preventive analysis of their activity, assessing the possible conflict with the legislation in question and, therefore, to prepare specific procedures aimed at ensuring compliance with the legislation and mitigating the possible risks of the planned processing.
In some cases, furthermore, the Data Controller is required to appoint a Data Protection Officer (or DPO) who will have to supervise compliance with the company procedures provided for, monitor the correct application of the regulation, as well as raise awareness of the owner and any collaborators on the matter also through training activities.
Failure to comply with the legislation in question is sanctioned by the Regulation itself with a rather high pecuniary sanction, which can in fact reach 10 million euros and in the most serious cases even double.
The Firm, having already carried out this activity for numerous Clients, offers its assistance to support professionals and companies in carrying out all operations to comply with this new Privacy legislation. Its members are also available to carry out the role of Data Protection Officer (so-called Data Protection Officer – DPO).
Administrative liability of entities - Legislative Decree 231/2001
Our firm, as mentioned, traditionally offers assistance to its clients, in matters of administrative liability of entities (pursuant to Legislative Decree 231/2001 – so-called criminal liability of legal persons).
In short, this legislation aims to prosecute entities (companies, associations and cooperatives, even those without legal personality) for crimes committed by their directors or subordinates, provided that they have benefited from them.
The determination of such liability entails the imposition of heavy pecuniary sanctions (up to 1.5 million Euros) as well as significant interdictory sanctions (e.g. the ban from carrying out the activity; the revocation of authorizations, licenses or concessions; the ban on contracting with the public administration; the exclusion from benefits, financing, contributions or subsidies; the ban on advertising goods or services).
However, liability for the entity has been excluded if it is demonstrated, in essence, that the governing body has adopted and effectively implemented, before the commission of the act, an organizational and management model suitable for preventing crimes of the type that occurred and has appointed a Supervisory Body (so-called ODV), monocratic or collegial, which, equipped with autonomous powers of initiative and control, has carried out its supervisory duties on the application of the model itself.
The Firm assists entities in developing and/or updating their organizational model pursuant to Legislative Decree 231/2001; some specialized lawyers of the Firm are also available to serve as members of the Supervisory Body.
Environmental, Social and Corporate Governance (ESG)
The Firm participates with particular pleasure and interest in the growing attention that companies are paying to the issues of environmental sustainability, legality and corporate ethics, transparency and social justice.
In this context, Arché provides its consultancy in identifying the extra-financial criteria that enhance individual companies, assisting them in addressing the various legal aspects connected to the adoption of organizational models of compliance and responsible corporate policies towards the above-mentioned issues, working closely with other consultants for the related technical profiles.
Anti-corruption
The Firm assists entities required to comply with specific provisions on anti-corruption by providing consultancy on transparency publications, the adoption of prevention plans and the preparation of annual reports.