Compliance and Advertising

Compliance and Advertising

Compliance and Advertising

In the last years, advertising and Compliance has undergone unprecedented changes. Our team has been ready to give adequate answers to the challenges created by the new social and legal environment, and we have vast experience in the area of preventive counselling and also in acting against illicit conducts of third parties, corporate defense practices, and Compliance programs.

We have experience in risk assessment and management (FCPA, Anti-bribery, Criminal Code); in the design of preventive and compliance programs, focused and structured as business management tools, and not only as risk prevention tools; in the implementation of corporate defense programs and in the participation and advice to Compliance Supervisory bodies.

In the context of these programs, we have carried out training sessions for different level staff members within commercial organizations; we have designed documentation systems for the actions performed and we have also advised on the tax treatment that each situation requires.

We have also designed specific internal review programs of promotional practices in the interest of pharmaceutical companies, with the goal of establishing compatibility with the Código Español de Buenas Prácticas para Promoción de Medicamentos.

In parallel with this, we have intervened in multiple cases carried out pursuant to the process foreseen in the Code before the Comisión Deontológica of the Pharmaceutical Industry. We are also in close contact with the Unidad de Supervisión Deontológica and have counselled various clients in matters relating to claims handled by said Unit. In all these cases, we believe that the parties must use their best efforts to solve their problems by means of a mediation agreement. In the case of advertisement, where this has not been possible, we have represented our clients before the Jurado de la Publicidad de Autocontrol.

Furthermore, we have experience in proceedings before the ordinary courts, as well as in representing our clients in proceedings brought by the administrative authorities which are competent to execute the applicable regulations.

We have also intervened in the management of complex situations, usually related to cessation of employment agreements.

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