Public Sector Compliance

Because of its own public nature and because of its express exclusion from Article 31 quinquies of the Criminal Code (except for public corporations), Compliance in the public sector requires its own approach. The regulations that affect the public sector are multiple, in many cases with a profuse development at an autonomous level. At a generic level, one of the main focuses of the legislator has been to prevent corruption and related crimes, but while it is true that mechanisms to control the development of public activity have practically always existed, the application of what the private sector has learned at the compliance level has much to offer to a sector in which the Compliance Officer, for example, is the exception.

Thus, at Fortuny Legal, when implementing compliance plans in the public sector, we start with a deep and detailed analysis of the entity, for which we approach the project from the double perspective of administrative law/criminal law. We are specialists in the analysis of risks related to public procurement, conflicts of interest, urban planning, environment, competition and subsidies, especially present in the public sector. Likewise, we have developed ethical structures for different public organizations, elaborating Ethical Codes and advising Ethical Committees. Without forgetting the importance of our specific and tailor-made training and awareness programs for the public sector, avoiding training programs offered in an “industrialized” and standardized way for any organization.