Criminal compliance in football clubs
Criminal compliance in football clubs in Spain is a key issue, especially in the wake of Organic Law 1/2015, which introduced criminal liability for legal persons. This regulation introduces legal entities, including clubs, to implement crime prevention programmes, known as compliance programmes, to reduce legal risks and demonstrate a commitment to regulatory compliance.
In addition, the Liga Nacional de Fútbol Profesional (hereinafter LaLiga) is a private sports association, which is made up exclusively and compulsorily of all sports limited companies and clubs in the First and Second Divisions, which participate in official professional football competitions at state level.
LaLiga, since 2015, both for its own internal management structure and with respect to the structure of the clubs affiliated to it, proceeded to implement a new regulatory compliance management system in Spanish sport. Since the reform of article 31 bis of the Criminal Code, it has promoted, by including it in its Articles of Association, the need for its member clubs to actively implement criminal risk management systems and not just as a mere formal requirement.
Article 55.19 of the LaLiga Statutes, among the requirements demanded of clubs wishing to join LaLiga, sets out a series of obligations relating to compliance and protection of the integrity of the competition.
What does criminal compliance imply for a football club?
1. Crime prevention
Clubs should take measures to prevent the commission of offences within the club, such as:
- Corruption in business or sport.
- Offences against the Public Treasury or Social Security.
- Tax or money laundering offences.
- Handling of sports competitions.
- Offences against workers’ rights.
- Unfair administration.
2. Criminal liability
If an employee, officer or member of the club commits an offence for the benefit of the club, the club may be criminally liable.
A well-implemented compliance programme can act as an exonerating or mitigating factor in case of criminal liability.
3. Prevention protocol
The prevention protocol involves:
- Identify club-specific risks.
- Establish internal controls.
- Educate everyone in the club (from managers to players) on the relevance of the programme.
A criminal compliance programme not only protects clubs from legal sanctions, but also strengthens their reputation.
Once the aforementioned organisation and management models have been implemented in all clubs, LaLiga, in order to verify, in accordance with the provisions of Article 31 bis of the Criminal Code, the periodic review and possible modification or adaptation thereof when necessary, will require for registration, on an annual basis, the submission of an audit report carried out by an expert and independent third party accrediting the adoption and effective implementation of said models, together with the appropriate measures adopted.
Moreover, section 19.2 of the aforementioned Article 55 of the Statutes stipulates that teams promoted from the Second Division B to the Second Division A, thereby gaining access to professional status and becoming affiliates of LaLiga, must also have duly adopted and effectively implemented the aforementioned models. Consequently, they will be required to provide evidence of this at the time of their registration.
Currently, LaLiga only requires clubs to provide evidence of the adoption and effective implementation of the aforementioned models through an audit.
Relevant Criminal Compliance Cases in Spain
Do you ned advice? Access our area related to dedicated to criminal compliance in football clubs.