From a legal point of view, it is important to highlight that new legislations and recommendations are clearly orientated towards social responsibility and sustainability, at national, European and international levels. For this reason, the implementation of policies and regular revisions assumes to be beneficial for all businesses. Examples of this are the 2/2012 Act of Sustainable Economy in Spain, Commission Communication to the European Parliament, the Council, The European Social and Economic Committee and the Committee of the Regions (the EU’s renewed strategy for 2011-2014 on social responsibility for Businesses), the “Global Compact” – a voluntary initiative that establishes a framework for promoting a sustainable development and good corporate citizenship in business – and the Principles of Socially Responsible Investments.

At a time in which it is not easy to stay in the market, protection and innovation are key. Protection is needed, of a company’s assets, non-tangible goods, and human capital with talent, executives and administrators. Anticipation, to avoid damage derived from civil, tax, bankruptcy or criminal liability. Innovation; one should not just always think about investing thousands of Euros in technology, but also about CSR policies within the company.

Through the writing and compliance of the codes of good corporate governance, ethics and conduct, SME’s are protected against possible liability. So, the effective implementation of these internal regulations is included within the concepts of “proper control” and the adoption of “effective measures” referred to in article 31 bis of the Criminal Code, mitigating liability.

The implementation of other economic measures (strong communication with clients, members, providers etc.), social measures (conciliation of personal, family and work life or the prevention of risks) and environmental measures (prevention of environmental risks) will result in better productivity, retaining talent and, finally, economic advantages.

Other advantages of CSI is its dynamism, in that the implemented policies can be revised and readapted as needed, new measures may arise and those that remain obsolete can be eliminated.

Also, the Internet and social networks are showcases in which, in a matter of hours, the reputation of an enterprise may rise or fall. It may fall if the appropriate decisions are not made. Action plans for situations of crisis in a business can largely avoid negative repercussions in the media.

Therefore, being a socially responsible business needs to be understood as an investment rather than an expense.

Here at LeQuid we want to serve enterprises, entrepreneurs and executives that make an effort to do things differently, efficiently and sustainably in all areas: ethics, economics and ecology. We want to create a professional project that is worth it and is legitimate both within and outside social enterprises, establishing Codes of Ethics and of Conduct as well as Corporate Compliance Protocols.

 

Jose María Dutilh

Jose María Dutilh

Socio Director de la Firma de Abogados LeQuid, especializada en Derecho de los Negocios y de las Empresas Sociales, estoy plenamente convencido de que el desarrollo empresarial rentable y eficiente no sólo es compatible sino que necesita la ética empresarial. En la actualidad, desde LeQuid colaboro con empresarios que necesitan una segunda oportunidad a través de estos procesos; Apoyo legal en el día a día, Re emprendimiento socialmente responsable, Fusiones y Adquisiciones, Reestructuración y Refinanciación de empresas o Concurso de acreedores entre otros.

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