Compliance Policy

Among the provisions that the reformed Penal Code establishes for legal persons, one highlight is the criterion chosen to attribute criminal liability to them. Thus, legal persons can be considered to be criminally responsible for an act or, in other words, can be convicted of a felony, in two circumstances:

  1. When any of its administrators or representatives has committed a felony on behalf of and for the benefit of the legal person, or
  2. When the felony on behalf of and for the benefit of the legal person has been committed by one or more of its employees, always provided that the criminal act was made possible because the legal person did not exercise due control over its own personnel and activity. This second form of liability entails consequences of enormous relevance.

The penalties that can be imposed upon legal persons are the following:

  1. Fines.
  2. Dissolution of the legal person.
  3. Suspension of its activities.
  4. Closure of its premises and establishments.
  5. Prohibition upon future engagement in the activities in the exercise of which the crime was committed, fostered, or covered up.
  6. Disqualification from public subsidies and assistance, from public sector contracts and from availing of tax or Social Security benefits or incentives.
  7. Judicial intervention to safeguard the rights of the workers or creditors.

Offenses that could give rise to criminal liability for ELECTRÓNICA CERLER

In accordance with the reform of the Penal Code that has been described, the offenses for which ELECTRÓNICA CERLER could be declared criminally liable are the following:

  • Felonies proper to the business context:
    1. Offenses against privacy and unauthorized computer entry (art. 197d Penal Code)
    2. Embezzlement and fraud (art. 251 bis Penal Code)
    3. Bankruptcy crimes (art. 261 bis Penal Code)
    4. Frustration of enforcement (art. 258 ter Penal Code)
    5. Damage to information systems (art. 264 quater Penal Code)
    6. Offenses against intellectual or industrial property (art. 288 Penal Code in relation to articles 270 to 277 of the same)
    7. Publication and disclosure of company secrets (art. 288 Penal Code in relation to articles 278 and 280 of the same)
    8. Corruption in business (art. 288 Penal Code in relation to articles 286 bis and 286 quater of the same)
    9. Corruption of a foreign official (article 288 Penal Code in relation to articles 286 ter and 286 quater of the same)
    10. Money laundering (art. 302 Penal Code)
    11. Tax and Social Security offenses and subsidy fraud (art. 310 bis Penal Code)
    12. Offenses against natural resources and the environment (art. 328 Penal Code)
    13. Bribery (art. 427 bis Penal Code)
    14. Influence peddling (art. 430 Penal Code)
  • Felonies outside the business context:
    1. Illegal financing of political parties (art. 304 bis Penal Code)
    2. Offence of degrading treatment (art. 173.1)
    3. Offences against sexual freedom (art. 178 to 194a)

For the commission of these offenses by employees and dependents to give rise to criminal liability for the legal person, it is demanded that the acts should have been committed "in the course of corporate activities and on behalf of and in direct or indirect benefit of" the legal person.

Compliance Culture

Among other measures, the Company has:

  • An Occupational Risk Prevention Policy.
  • A Privacy Policy which informs users of its website of the rights they hold under the Data Protection Act (LOPD).
  • An Equality Plan and policy on the prevention of bullying and sexual harassment..

As of today, ELECTRÓNICA CERLER has the following policies and procedures:

  • Compliance tools (generic).
    • Corporate responsibility policy.
    • Crime prevention policy.
    • Corruption prevention policy.
    • Equality Plan.
    • Management, Investigation and Response Protocol governing how the company's internal investigations will take place.
    • IT Tools Code of Use.
  • Specific procedures:
    • Harassment Prevention Protocol.
    • Bankruptcy Crimes Prevention Procedure.
    • IT Tools Code of Use.
    • Corruption Prevention Policy.
    • Procedures comprising the environmental management system, which holds ISO 14001 certification.
    • Procedures comprising the quality management system, which holds ISO 9001 certification.

Whistleblower channel

ELECTRÓNICA CERLER has developed an Internal Whistleblower Information System that includes an internal channel, in accordance with Law 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption.

The objective of this channel is to serve as a preferential channel to detect any possible irregular, unethical or inappropriate conduct of any person representing the ELECTRÓNICA CERLER, S.A. brand, so we encourage employees, customers, suppliers or any person who has contact with our services to communicate with us and send us their information.

The platform of the internal information channel of ELECTRÓNICA CERLER S.A. is hosted on the secure server of a trusted third party in order to prevent possible security risks of communication, providing for confidential registration, encrypted use and a guided route for informants.

Access to this channel is through the home page of the corporate website of ELECTRÓNICA CERLER, S.A., available at, in a specific and easily identifiable section. In addition, there is also the option of accessing it directly through the web address:

Ethics Committee

The ELECTRÓNICA CERLER Ethics Committee, in accordance with its terms of reference set by the Company's Board of Directors, shall be entrusted with the following functions:

  • Supervising the efficacy of the internal crime prevention protocols and proposing measures for improvement to the Board of Directors.
  • Supervising proper compliance with the internal controls.
  • Informing and training employees about their obligation to report possible noncompliance using the whistleblower channel and to report any possible felonies of which they become aware.
  • Receiving compliance complaints on the whistleblower channel.
  • Compiling the appropriate incident dossier and conducting the investigations necessary.
  • Adopting the measures that may be necessary to avert the risks that have been identified.
  • Reporting its actions to the Board of Directors as appropriate and meeting with it.
  • In summary, monitoring the operation of and verifying compliance with the felony prevention model.

With regard to compliance, the Ethics Committee shall have its own powers of initiative and control, but it shall report directly to the Board of Directors.

If you want to make a complaint,