Before proceeding, please note: If you are not a current client of Orrick, please do not include any information in this email that you or someone else considers to be confidential or secret in nature. Prior to the establishment of a lawyer-client relationship, unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure.

OK
Cancel
Practice Areas

Compliance programs pursuant to Italian Legislative Decree 231/01

Orrick’s Italian offices provide clients with the deepest experience and knowledge accrued in Italy relating to the implementation of Legislative Decree no. 231/01, which introduced into the Italian legal system the direct liability of corporate entities for crimes committed by directors, executives and their subordinates.

Within this field, the main activity of our law firm lies in drawing up compliance programs in coordination with corporate management, in order to prevent potential sanctions deriving from specific crimes identified in the Decree itself committed by directors, executives and their subordinates.

The extent of the direct liability of corporate entities has been expanded by the legislature to add several crimes, including:

  • crimes committed against the Public Administration (e.g. bribery, corruption, misappropriation of amounts to the detriment of the State, fraud, etc.)
  • company crimes and private-to-private bribery (e.g. false company communications, unlawful distribution of profits or reserves, impeding the exercise of the duties of the public supervisory authorities, etc.)
  • crimes of terrorism and subversion of the democratic order
  • crimes against individuals (e.g. enslavement, human trafficking)
  • market abuse crimes (i.e. insider trading and market manipulation)
  • manslaughter and accidental serious injuries occurring as a consequence of a violation of the rules regarding health and safety in the workplace
  • money laundering crimes and crimes relating to receiving and using stolen goods
  • information technology crimes (e.g. damage to information, data and computer programs, interception of computer or electronic communications)
  • criminal conspiracy crimes (e.g. criminal association, mafia-style associations)
  • crimes regarding the falsification of identifying signs/marks (e.g. falsification, alteration or use of distinguishing signs/marks of intellectual works or industrial products)
  • crimes against industry and commerce (e.g. interference with the freedom of industry and commerce, commercial fraud, sale of industrial products with false signs/marks)
  • crimes breaching copyright laws (e.g. entry into a system of electronic networks of intellectual works protected by copyright, re-use of database contents)
  • incitement not to make declarations or to make false declarations to judicial authorities
  • environmental crimes
  • employment of citizens of third countries whose residence is illegal.

In response to the introduction of the above mentioned rules, Orrick lawyers have assisted several companies, some of which are listed in Italy or abroad, in drawing up compliance programs to prevent companies from receiving potential sanctions. The adoption of a compliance program is considered by the Legislative Decree no. 231/01 as an exemption from the sanctions (pecuniary and prohibitory penalties).

Before proceeding, please note: If you are not a current client of Orrick, please do not include any information in this email that you or someone else considers to be confidential or secret in nature. Prior to the establishment of a lawyer-client relationship, unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure.


Key Contacts

Alessandro De Nicola
Partner

Corporate
adenicola@orrick.com
+39 02 4541 3800

Marco Dell'Antonia
Partner

Corporate
mdellantonia@orrick.com
+39 02 4541 3840