Wearing two hats: exploring the compatibility of the roles of compliance officer and in-house counsel under Spanish law

Abstract

In today's business world, compliance is essential for organizations to operate ethically and sustainably. As regulations become more complex and enforcement becomes stricter, having strong compliance programs and independent compliance officers overseeing them is crucial. Due to the absence of detailed legal regulation s on this new phenomenon and the limited size and resources of some entities, it is common to see in-house counsels taking on dual roles, simultaneously serving as compliance officers. However, the specific tasks, duties, responsibilities and intrinsic guarantees associated with each role may collide, leading to potential conflicts of interest. This can impede their ability to act efficiently, objectively and in the best interests of the company and its stakeholders. This dissertation will study the figure of compliance officer and the interplay with the role of in-house legal counsel. It will examine how they intersect, complement, or conflict with one another, with a special focus on the attorney-client privilege and conflicts of interest.