Which are the Compliance Officers?
What are they? How important is it in companies?
They are those people in charge of the protection and prevention of internal rules and the possible commission of crimes that is to say, they have a fundamental role inside the companies and for a correct functioning of the same ones.
Currently, some of these practices are among those mentioned because in some cases they can invade people’s privacy, as is the case with the analysis of personal e-mails.
But after the sentence 489/2018, of October 23, 2018, has established some criteria according to which this possible illegitimate interference is no longer such, recognizes the interest of the employer in avoiding or discovering unfair or illicit conduct of the worker, arrived from European jurisprudence in the sentences Barbulescu against Romania, known as I and II, since the case was appealed for not having given him the reason in the first instance.
On the one hand, it recognises the employer’s interest in preventing or discovering unfair or unlawful conduct on the part of the employee and on the other hand, it also establishes that such information cannot be accessed without the employee’s consent or not only the consent but also the employee’s awareness that he or she may be the subject of such an analysis.
In Llorente & Rayón we have a team of expert professionals to advise companies in the implementation of compliance systems achieving an integrated management and maintenance of systems adapted to the deployment of multiple international standards. Ask for an appointment with us and we will study your project to offer you the best options from the current legislation.