Compliance programs comprise a series of tools that allow companies to detect and prevent their involvement in illicit behaviors, which could lead to criminal and administrative liability and, therefore, affect their reputation. A compliance program will help the company not only avoid sanctions but also detect violations and know how to react responsibly in case they materialize by approaching the CNMC and, eventually, avoiding the prohibition of contracting with the public sector.

It should be noted that for compliance programs to be effective, the existence of a compliance commitment must be ensured, which is transferred to the decision-making process of both the individual and the company's workforce as a whole.

Finally, it should be considered that the Whistleblower Directive requires companies with more than 50 employees to have an anonymous reporting channel to give voice to employees, suppliers, and customers and to report the existence of anti-competitive practices.

What are the main criteria taken into account?

The following specifies the most important evaluation criteria regarding the main elements included in corporate compliance programs:

• Independence and autonomy of the compliance officer
• Risk identification
• Design of protocols and control mechanisms
• Training
• Existence of a reporting channel
• Internal procedure for managing violations and reports
• Disciplinary system

Compliance Spaces

The CNMC has held public-private collaboration events, the "Compliance Spaces," where various topics within the scope of competition and preventive measures in the business environment have been discussed.