Compliance means making business activities comply with legal provisions, regulations, procedures and codes of conduct.
Compliance activities are, therefore, aimed at avoiding misconduct through appropriate rules of conduct, prevention, management and reporting in order to reduce, as much as possible, the risk of serious consequences.
Decree 231 introduced, for the first time, liability-essentially criminal liability-for companies. This liability is recognized in dependence of certain crimes committed, in the interest or to the advantage of the company, by its directors, managers or employees.
To exclude liability on the part of the company, Decree 231 requires the adoption of the MOG to avert the commission of possible offenses through the implementation of a specific risk assessment program, prevention and control actions as well as an adequate system of sanctions in case of violations or irregularities.
The MOG must be prepared taking into account the specific characteristics of the Company, the activities carried out and the related areas of risk.