Yes, companies can commit crimes too. Not literally, of course, but since 2010, the Spanish Criminal Code recognizes the criminal liability of legal entities. Since then, many businesses have learned the hard way that breaking the law can be extremely costly.
If you run a business in Spain, this guide will help you understand the criminal risks you may face, the types of offenses that could affect your company, and how to avoid penalties by implementing an effective compliance program.
What is Corporate Criminal Liability in Spain?
Since the 2010 reform of the Spanish Criminal Code—and especially after the 2015 update—a company can be held criminally liable when one of its executives, employees, or representatives commits a crime on its behalf or for its benefit.
And it’s not just big corporations: SMEs, startups, associations, and even foundations can be affected.
What Crimes Can a Company Commit?
Here are some of the most relevant offenses:
- Money laundering
- Tax evasion and offenses against the Tax Authority
- Environmental crimes
- Private sector and business corruption
- Bribery
- Consumer fraud and scams
- Offenses against workers’ rights
- Data protection and confidentiality breaches
Legal Allies Tip: Be careful with pirated software, mishandling of personal data, or aggressive marketing practices! They’re more common than you’d think… and yes, they’re criminal offenses.
What Penalties Can Be Imposed on Companies in Spain?
These are not minor fines:
- Heavy fines (proportional to the seriousness of the offense)
- Temporary suspension of business activity
- Closure of premises
- Disqualification from receiving public subsidies or contracts
- Dissolution of the company
How Can Companies Avoid Criminal Liability in Spain?
The only legal way to avoid corporate criminal liability is by proving that the company had an effective crime prevention model—also known as a “criminal compliance program.”
What Should a Criminal Compliance Program Include?
- Risk assessment: Identifying activities within the company that could pose a criminal risk.
- Protocols and internal controls
- Internal whistleblowing channel
- Ongoing training for employees and executives
- Active supervision by a control body (compliance officer)
- Regular updates to the compliance model
Who Should Implement the Program?
It depends on the size and structure of the company:
- In SMEs, this service can be outsourced (just like Legal Allies does!).
- In larger corporations, there’s typically a dedicated compliance department.
What Are the Benefits of a Compliance Program?
- Avoid criminal and administrative penalties
- Reduce personal liability for directors or CEOs
- Improve your company’s reputation and market trust
- Facilitate relationships with investors, banks, and public tenders
Corporate criminal liability isn’t just a movie plot—it’s a legal reality in Spain with very real consequences. So, it’s not enough to “be compliant”—you need to prove it with a solid compliance model.
At Legal Allies, we help you design and implement a crime prevention program tailored to your business, with digital tools, expert advice, and team training. Because following the law shouldn’t be optional… or complicated.
