This article first appeared in Sernac.
The National Consumer Service (SERNAC) issued the Interpretative Circular on the Procedure for Approval of Compliance Programs under Article 24, paragraph 4 letter c) of Law No. 19,496 or Consumer Law, in which it states that when applying sanctions to suppliers who have committed violations to the Consumer Law, it will be considered as extenuating circumstances to have substantially collaborated with SERNAC, before or during its administrative sanctioning procedure, or during the judicial procedure. As collaboration, it is considered that the supplier has a specific Compliance Plan with respect to the matters to which the infraction refers. This program must have been previously approved by SERNAC.
It should be noted that the entity issued the aforementioned Circular and then issued Resolution No. 813, which explains how to obtain approval of the Compliance Plan. Thus, the participation of independent third parties was contemplated, who may review and audit the different requirements of the Compliance Plan. In this way, in addition, due impartiality is maintained in the evaluation, understanding that SERNAC is a supervisory body.
In this way, BH Compliance was integrated as a suitable entity for the certification of Compliance Plans in consumer protection standards (also declared by Resolution N°813), and continues with strength working on crime prevention within organizations and the implementation of good practices.
