360° Corporate Compliance and Law 21.595 on Economic Crimes

 

At Cuevas Abogados, we understand compliance as a strategic pillar of corporate management, not as an isolated checklist or a reactive response to a crisis.

Our 360° Compliance approach is designed for companies operating in complex environments—especially those with group structures, international operations, or high regulatory exposure—and is based on three key ideas:

  • Comprehensive risk assessment: We simultaneously examine corporate, labor, tax, white-collar crime, data protection, and corporate governance aspects.

  • Governance and compliance culture: We strengthen management bodies, reporting channels, risk matrices, and internal protocols so that compliance becomes part of the organization's DNA.

  • Prevention as a strategic decision: Investing in compliance today is more efficient than facing sanctions, litigation, or reputational damage tomorrow.

Against this corporate foundation, we incorporate the regulatory updates brought about by Law No. 21,595 on Economic Crimes, in its second phase since September 1, 2024, which significantly modifies the landscape of corporate criminal risks in Chile.

What changes with Law 21,595?

Before this law, the criminal liability of legal entities was primarily governed by Law No. 20,393. While both laws share the core principle—that a company can be held criminally liable when certain crimes are committed for its benefit—Law 21,595 introduces significant changes:

  • It substantially expands the list of crimes that can generate criminal liability for a company.

  • It increases penalties for several offenses:

    • Higher fines.

    • Disqualifications and restrictions on operating.

    • Prohibition from entering into contracts with the State, among other consequences.

In simple terms: from August 2024, more behaviors can generate criminal risk for the company and the possible sanctions are much more severe.

What should companies do?

Faced with this scenario, the response cannot be fragmented or reactive. The key is a robust and comprehensive preventative model, grounded in the realities of the business. Our Compliance 360° model allows organizations to:

  • Anticipate contingencies by identifying and managing risks before they materialize.

  • Reduce criminal, civil, environmental, immigration, and reputational exposure by limiting the impact of potential investigations or conflicts.

  • Ensure operational continuity on a solid foundation of sustainability and good governance.

Compliance has ceased to be an accessory and has become a central pillar of corporate management. Today, regulatory compliance:

  • Transcends the strictly legal.

  • It is projected as an internal cultural standard that streamlines processes, improves decision-making, and strengthens trust with clients, suppliers, banks, employees, and authorities.

How can Cuevas Abogados help you?

We assist you in designing and implementing a compliance system aligned with Law 21.595 and best practices in corporate governance, which:

  • Protects the company, its directors, and executives.

  • Reduces the likelihood of criminal investigations and penalties.

  • Translates into real added value for your organization and its environment by strengthening its reputation, sustainability, and growth potential.

In a context where prevention costs less than a crisis, reviewing and updating your compliance model is no longer optional, but a strategic decision.

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