Corporate compliance and 231 models

Our team of professional in different areas of practice, such as legal, organizational, workplace and environmental security, assists our Clients in defining Organizational, management and control Models, through:

• detailed risk analysis in relation to all criminal offences which may be commitment, including measurement of the risks, analysis of cases and examples of different felonies in relation to operative processes, advices, and suggestions for improvement actions, in relation to each operative process;
• development of an Organizational Model, based on the corporate reality of the Client and on precise control principles, considering the peculiarities of the Client’s area of business and of the findings of the risks analysis, with a view to enhance the internal control systems, in compliance with the already existing corporate rules;
• definition of an ethical code and protocols and support in drafting the documents describing the Organizational Model adopted;
• services connected to the role of the “Supervisory Board” (cd. Organismo di Vigilanza), which shall guarantee on the effectiveness, adequacy, enforcement, and compliance with the Organizational Model;
• trainings sessions for managers and personnel on the Organizational Model, through workshops and/or e-learning methods.

In providing our Services, we use methodologies which aim at:

• increasing the sharing of values and addresses at a corporate level;
• ensuring a system for the control of third parties, in order to safeguard the management’s position;
• improving the company’s image in the relations with commercial, institutional partners and counterparties, and in general with all other third parties involved

We review company contracts to check their compliance across the various profiles relevant to the entity. The service is tailored to the type of contracts and to the Client’s sector and can cover individual agreements or the entire set of recurring contracts. We examine clauses from the standpoint of administrative liability under D.Lgs. 231/2001, personal data protection, cybersecurity, AI and the other applicable regulatory obligations, identifying clauses that are missing, misaligned or a source of risk and proposing corrective additions. A check of this kind mitigates exposure to claims and sanctions and strengthens the overall soundness of the control system.

Our services also include training sessions on corporate compliance and D.Lgs. 231/2001. Our training is designed to offer both a general grounding in the principles of the legislation and more specific, technical and operational content, tailored to the Client’s sector and to any special regulations that apply. As part of our ongoing advisory work, we also deliver dedicated training sessions on the correct use and implementation of the documentation and procedures adopted.
All our learning services are modulated and adapted to the specific needs of the Client, and can be delivered both in class and at distance; timing, duration and recipients of such sessions are always defined in advance and agreed upon with the Client, with the possibility to arrange single sessions for personnel with specific duties and competences within the company.

We furthermore offer drafting of learning materials (e.g. awareness raising materials, simulations of possible scenarios with fictional characters, legal text easily accessible via hypertext) which can also be uploaded into e-learning platforms including animations, sounds, multiple answers questions and randomized answers.

We also offer a range of “ready-to-go” solutions, thanks to a consolidated collaboration with our technological partner Mediamed Interactive, which allows us to offer to our Clients a product based on the more evolved and widespread training platforms, so that our Clients can enjoy both standard sessions or more tailored sessions.

We advise on compliance with the whistleblowing legislation, on the implementation of reporting platforms and on taking on the role of report handler. The service is tailored to the Client’s size, organisational structure and sector and can cover a single compliance obligation or the entire report management process. We prepare the internal procedures and supporting documentation, configure and bring into operation the reporting platform in line with confidentiality and personal data protection obligations, and train staff; where required, we can take on the role of report handler, which involves carrying out the investigation and managing contact with the reporting person.

We can support you in building integrated compliance models that coordinate the various management systems and related controls (D.Lgs. 231/2001, personal data protection, ISO 27001 information security, NIS2) with the corresponding legal obligations. We tailor the service to the Client’s organisational complexity, to the management systems already in place and to its sector, and we can handle both the integration of individual areas and the construction of a complete compliance system. We map the requirements shared by the different systems, identify overlaps and risk areas, streamline procedures, controls and document flows to avoid duplication, and define a single model of governance and monitoring. In our experience, the added value of an integrated model is lower running costs, combined with the prevention of misalignments between the various safeguards, strengthening the overall soundness of the control system.

Our professionals have specific competences and consolidated experience in the role and functions of members of “Supervisory Boards” for the supervision and the evaluation on the actual solidity and functionality of the Organizational, Management and Control Model required by D.Lgs. 231/2001.

When assuming an active role in a Supervisory Board, we carry out audits and verifications on the thorough respect of the control principles, on the basis of specific intervention programs agreed upon and shared with the Client; we furthermore verify the correct implementation of the Model and of the relevant procedures, and we aid the Client in asserting violations to the Organizational Model and of the Ethical Code and possible behavioral deviations  which may emerge from the analysis of the information flows or from any report received.

We complete the service by making available Secretariat activities in support of the Supervisory Body.

In managing its day-to-day activities, every company runs into a range of ordinary legal issues that often call for multidisciplinary input — with higher management costs and a greater dispersion of energies, which inevitably affect how quickly action can be taken. This is the scenario the Legal Desk service offered by netforLegaL is designed for.
It is a multidisciplinary legal assistance and advisory service whose availability and, above all, speed the Client can always count on. The service meets the need to outsource the handling of legal issues in less complex business contexts and can also be a valuable support to the in-house legal department in more structured organisations.
The involvement of a pool of senior professionals — organised by area of specialisation — allows the Client to capitalise on the advisory experience gained, ensuring constant regulatory updates in its sector. The multidisciplinary approach also delivers attractive economies of scale.
Our areas of work include:

• Assistance with corporate compliance (personal data protection, health and safety at work, environmental legislation, D.Lgs. 231/2001, healthcare regulation);
• Analysis of offence risks and the preparation/updating of the Organisation, Management and Control Model under D.Lgs. 231/2001;
• Review of contracts for compliance-related aspects;
• Membership of Supervisory Bodies, including secretarial services;
• Compliance with the whistleblowing legislation, implementation of reporting platforms and report handling;
• Training plans on the various compliance topics.

For each Client the service involves a “contact lawyer”, who coordinates the work and has an ongoing relationship with the company. The presence of this figure brings:

• A stronger relationship of trust with the Client;
• The progressive personalisation of the service, as knowledge of the company context steadily grows;
• The guarantee of a constant legal presence, which also plays a proactive role towards the Client.

As for how the service is offered, the methodology is that of a typical help desk: maximum freedom and flexibility for the Client to set upfront an annual budget for the initiative, so as to make the most of its economies of scale.
The expected result is to turn what has perhaps been perceived until now as the cost of regulatory compliance into an insurance policy — or an investment — in the peace of mind of doing things properly.