RGPC Checklist: Is Your Organization Prepared?
✅ Updated Code of Conduct
✅ Ongoing Compliance Training Plan
✅ Functional and Accessible Whistleblowing Channel
✅ Internal Response Mechanisms for Irregularities
✅ Recordkeeping and Documentation of All Compliance Measures
✅ Risk Assessment and Supplier Chain Review
✅ Regular Updates Based on MENAC Guidelines
RGPC in Action: Why Compliance Is No Longer Optional
The entry into force of the General Corruption Prevention Regime (RGPC) marks a turning point in the accountability of companies and public entities regarding ethics and integrity. More than ever, the principle of prevention has become a true legal obligation, and failure to comply may shift the issue into the contentious sphere — whether administrative, regulatory, or even criminal.
The RGPC requires public and private sector entities — particularly those employing 50 or more workers — to adopt compliance programs that must include: a code of conduct; a training plan; an internal whistleblowing channel; and mechanisms for monitoring and responding to detected violations.
The National Anti-Corruption Mechanism (MENAC) has been entrusted with overseeing compliance with this regime and is vested with sanctioning powers that go well beyond mere warnings.
Non-compliance with the RGPC opens the door to administrative sanctioning proceedings and, potentially, to criminal liability for both individuals and legal entities in cases involving offences such as active or passive corruption.
Under the RGPC, companies are held accountable not only for their own actions but also for those of third parties — including suppliers and partners — where there is a failure to implement effective due diligence and control measures. This may lead to an increase in litigation related to the defence in regulatory proceedings, debates over the sufficiency and effectiveness of compliance programs, and potential liability of directors for alleged breaches of their supervisory duties.
It is essential to note that in a scenario where the effectiveness of compliance programs may be “put to the test,” thorough documentation of the measures adopted, training conducted, and internal responses to reports or irregularities plays a crucial role in an organisation’s defence. Courts are expected to assess not only the formal existence of compliance programs, but also their actual implementation and suitability in light of the organisation’s size and specific risk profile.
The RGPC introduces significant changes in the way organisations address the risk of corruption, with effective compliance now emerging as the strongest safeguard against sanctioning liability.
In this context, it is vital to ensure the regular updating of compliance programs, taking into account the guidelines issued by MENAC and international best practices, to provide continuous training for management and compliance teams, to document all measures taken, and to review the value chain — ensuring enhanced due diligence in the selection of partners and suppliers.
The RGPC represents a new paradigm that highlights the preventive role of legal risk management within organisations: anticipating risks, acting diligently, and fostering a culture of integrity will be essential to mitigate the risks associated with exposure to sanctioning procedures, while also protecting the reputation and long-term sustainability of organisations.
The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.