Compliance will find you. It’s your turn!

People tend to have lives under control. We defend ourselves tooth and nail against any detours that seem unsatisfactory to us. However, if we accept the fact that nothing in life is a coincidence and allow things to flow naturally, life not only becomes easier, but often brings us more interesting and better opportunities than we initially expected.

The pandemia COVID 19 stopped the time. Many of us reevaluated lives, unfulfilled dreams and desires and we began to perceive our whole live differently. And just at that moment, when better times began to dawn, I found a job offer which took my breath away in the best sense.

As a student of 4th year of law, I joined company Mercedes-Benz Slovakia s.r.o. and in that time I had no idea what corporate world means. The GDPR commanded respect and the concept of compliance was largely unknown. However, this changed very quickly. Back then, my supervisor, Martin Sasinek, showed me that law can look very different in the 21st century, and that it offers a wide range of information and fields in which the corporate world connects individual legal branches and presents numerous challenges. And thanks to him, his advice, passed on experience and mentoring that he passed on to me throughout my working hours, the original bogeyman “GDPR” became a friend, and that compliance was no longer unknown, but it got under my skin so much that I decided to devote myself deeper to it.

And just like that, the idea arose that I would later focus on compliance within my rigorous thesis.

Today, proudly announce existence of rigorous thesis entitled “”The Compliance System and Its Position in Criminal Law”.  It did not take long to write it, but the path to getting it to paper was varied. Sometimes more demanding, sometimes easier. Sometimes I asked myself what I had come up with, other times I struggled with the selection of the most relevant information, other times I were not motivated to continue, because sometimes I was disgusted with how frivolously the public perceives compliance.

And then I realized one important thing, which became my driving force. Frivolousness did not mean a lack of interest; it meant unfamiliarity. I understood that if I wanted the public to perceive the importance of compliance, I had to start with myself and take action. I understood that if I want the public to perceive the importance of compliance, I should start by myself and put my hand to work.

Many thanks to Slovak Compliance Circle and for their support from very first day of cooperation. Thank you for the opportunity they gave me to be part of not only seminars but also workshops and conferences. Thanks to their help in this form, I had the opportunity to understand the world of compliance as it really is and prepare a work that will not be just a boring text without a practical view.

Compliance is becoming more popular day by day. I am very happy that it is getting the attention it deserves and specially that is getting attention of young generations who can actively participate on developing compliance, as well as I did.

The rigorous thesis on the topic “Compliance System and its place in the Criminal Law ” perceives the compliance system as a tool for the protection of companies in criminal proceedings. It considers the current needs of companies which aim is to protect themselves from criminal liability and the imposition of high sanctions. In other words, provided that the compliance system is properly set up, reflects the needs and risks of the company, and is therefore effective, then it can constitute an exculpatory reason to relieve the company of criminal liability or at least reduce the sanction imposed on it for unlawful conduct.

In this thesis, I explained what we understand by compliance, how the criminal liability of legal entities is currently regulated in the Slovak legal system, as well as how a company can currently get rid of criminal liability. Also, I pointed out the decision-making practice of foreign courts, which clearly shows that established and effective compliance systems reduce the number of sanctions imposed on companies. In conclusion, I mentioned the necessity of place of compliance within public sector, including judicial and law enforcement authorities, and that the compliance system should not exist only in internal regulations, but should be stated by law.

I believe that the field of compliance is entering a period in which ethics and moral principles will become a natural part of everyday operations. I expect a stronger emphasis on open communication, clearly defined values, and a constructive approach. The ultimate goal is a return to the fundamental principles of correct and responsible behaviour.

JUDr. Kristína Zaťková

Lawyer, BNP Paribas Cardif Poisťovňa, a.s.