Breakfast-Conference: “Understand and promote the compliance”

Last 6th of February 2018, the Chamber organized a conference about the comprehension and the promotion of the compliance in collaboration with DS Avocats Law Firm. The event was attended by many representatives of Spanish and Belgian companies, as well as EU organization’s representatives, who were interested on the impact this topic could have on them, wanted to know which steps to follow in order to avoid the penalties their companies may suffer.  

First, Jean-Marie Salva, partner of DS Avocats, started by pronouncing some welcome words and by thanking the attendees for their participation before presenting the law office’s work around the world. Then, he presented Ángela López de Molina, partner of the law firm, who will set a headquarters office in Madrid on March 1st.

During her presentation, López Molina spoke about the current legislation in Spain, which since the change of the Penal Code in 2015 which allows to impute criminal responsibility to the legal persons, requires the companies to design a crime prevention plan.

The compliance was created in 1970, in response to the corruption experienced by the United States through the legal persons.

The crime prevention plan is set as a series of measures of surveillance and control implemented to prevent the commission of crimes or, at least, to try to reduce significantly the possibility of being committed. To do this, it is necessary to count on the “Compliance Officer”, that is a person in charge of preventing all the possible crime situations and trying to solve them.

Furthermore, it is necessary for all the employees to have access to that plan and to expressly accept it. As a conclusion, Ángela mentioned the prevention, detection, answer and supervision activities necessary to credit that the company acts according to the law.

Later, Michel Debroux, partner of DS Avocats, exposed the evolution of the compliance through the years in Europe, which changed from something voluntary to something mandatory.

Debroux pointed out the existence of cultural differences to show the difficulty in unifying the action criteria, even inside a same company with offices established in different places of the world. Thus, he underlined the necessity of taking into account the local specificities to suit in law.

In the case of a company with offices in different places of the world, it is necessary for all of them to apply to the rules of the headquarter office and to its owns, as they have to fit in the local customs.

Thus, the compliance is a process which requires the organization, integration and verification of the regulatory compliance.

As López Molina explained, the speaker described the main tasks that the “Compliance Officer” needs to accomplish. He needs to establish a list with the potential risks. Therefore, he will need to be totally integrated in the company and has to be able to deal with crisis.

Finally, to conclude, the partner of DS Avocats presented what they call “the 10 rules of the perfect compliance project” in which the main characteristics to respect in order to manage perfectly this project are summarized.

The conference took part in a participatory environment during which every attendee had the opportunity to express their doubts and talk with the speakers.

In collaboration with:

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Luncheon-debate with Věra Jourová, European Commissioner for Justice, Consumers and Gender Equality

The past September 28th, the Official Spanish Chamber of Commerce in Belgium and Luxembourg, organized in collaboration with the General Board of Abogacía Española, a luncheon-debate with Věra Jourová, European Commissioner for Justice, Consumers and Gender Equality. Among the attendees there were several members of the Chamber, business executives, and representatives of Spanish and European companies and institutions.

blankJuan Rodríguez-Villa Matons, President of the Chamber, said a welcome word, introduced the Commissioner, highlighting her professional career and thanked her for her collaboration with the luncheon-debate.

Afterwards, the Commissioner took the stand and introduced briefly the main challenges her Commission is currently dealing with such as promoting entrepreneurship in Europe, the digital markets, the insolvency, data protection, consumer rights, digital content, gender equality and justice against crime.

Jourová emphasized the importance of creating a digital single market, explaining that currently there are only a few small companies which are selling products online cross borders. In Spain, only a 19% of companies do so. The main barrier to increase online commerce at international level is that there are different legal systems for online and offline worlds.

Afterwards, she showed her concerning about the lack of a regulatory law related to online sales of digital content (except from United Kingdom and The Netherlands) and mentioned that from theCommission they are working on a proposal for all European countries.

blankAbout data protection, she expressed the need of investing more money on new measures and tools that allow institutions to know what companies actually do with consumer’s personal data. On the other hand, she stressed the need of making a bigger effort on explaining the EU citizens about their new rights concerning data protection and privacy and how to use those rights.

During her speech, Jourová also talked about individual consumers’ rights, very numerous in the European Union, but about which there exists a very poor public information. In a time frame where big companies are becoming bigger, and small companies are tend to be smaller, from March 2018, the Commission for Justice is working on a plan which will provide individuals and small companies with the right tools to defend their rights related to trade and consumption.

The main topics discussed during the question time were related to gender equality at work environment and cybersecurity.

Finally, Marta Cerro, President of the Council of Bars of Castilla la Mancha, presented the Bar, and highlighted the role of lawyers in the European Union environment and how they contribute directly to citizens defense. She pointed out the need of respecting the citizens and providing them with a high quality service. In addition, she thanked the commissioner for her hard work and commitment with gender equality, and showed her her support in terms of promoting values related with the recognition of women in work environment.

Juan Rodriguez-Villa and Marga Cerro awarded Commissioner Jourová with a symbolic present to thank her for her participation in the luncheon-debate and her hard work in charge of for Justice, Consumers and Gender Equality in the European Commission.

The president also wanted to thank Bodegas Yuntero, wine sponsor for this event.

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“The new Community Customs Code” Breakfast-debate

Last Monday, 7 December, the Official Spanish Chamber of Commerce in Belgium and Luxembourg organized a breakfast-debate about the new Community Customs Code. Jean-Marie Salva, specialist lawyer on the customs sector and member of DS Avocat lawyer’s office made the report.

The new Community Customs Code will enter into force on 1 May 2016. It is the new issue for the Customs Union, which will replace the current one from 1992. The realization and the delegate acts have already been made public. The new text that was approved after a long debate, has significant advantages for companies that are able to identify these advantages and use them. Topics covered during the session include the status of Authorized Economic Operator, the rules for determining the customs value, modes of representation and the rules related with the setting of the custom value.

After the conference, there was a question time in which the attendees raised doubts such as how to apply the new Custom Code on their sectors, to which Mr Salva answered in detail. The breakfast-debate counted with a large number of participants.