Technical Specification on Compliance Plans in the Context of the Amendment to the National Consumer Service
by Guillermo Carey, Aldo Molinari, María José Martabit
Published: November, 2019
Submission: November, 2019
The new drafting of the CPA establishes the possibility for suppliers to develop and implement compliance plans that must be designed in accordance to the Technical Specification, setting forth the mechanisms for prevention of infringements to the consumer protection regulations.
Article 24 of the CPA incorporates a new system of mitigating and aggravating circumstances for contraventional liability of suppliers, that can decrease or increase the sanctions imposed against the supplier for infringements to the CPA, as determined by the judge.
In the context of mitigating circumstances set forth in said Article, the “substantial collaboration of the offender with the National Consumer Service”, is included, considering “substantial collaboration” from the supplier as having a specific compliance plan for consumer protection matters.
Below is a brief summary of the most relevant aspects of the guidelines and principles provided by the Technical Specification for preventive compliance plans.
THE COMPLIANCE PLANS WILL BE AUTHORIZED BY CERTIFIERS, AFTER THAT, SERNAC MAY APPROVE THEM
In case a supplier decides to have a voluntary compliance plan on consumer protection matters, said plan will have to comply with the guidelines contained in the Technical Specification, and be submitted for certification before a certifying entity recognized by the authority.
Certifiers will be independent from to SERNAC and will have the mission to certify the compliance plans.
Once the certification is obtained, the compliance plan may submitted for approval of SERNAC. Only with the approval of SERNAC, and to the extent the suppler is able to prove that the plan has been implemented and subject to monitoring in practice, the judge can consider the compliance plan as the mitigating circumstance of substantial collaboration with the authority.
SCOPE AND CONTENT OF THE TECHNICAL SPECIFICATION
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