“Compliance”: a new determinant in negotiation

"The reputation of companies is the focus of the eyes of today's society"


In the Argentine Republic it is valid some time ago the Law Nbr. 27.401, whose literal translation would be "Compliance". Is it about strict compliance with the law? Or perhaps it refers to compliance with the internal rules of the company?


Everything seems to indicate that this can not be interpreted as strict compliance with the law, nor with the internal dispositions of the company, but it must fundamentally be associated with an "ethical" behavior.


Clearly, Compliance is putting the accent on the "reputation" of companies and not only on their results. And from that perspective, it demands the attention of a series of internal procedures aimed at preventing, detecting and correcting irregularities of all kinds.


And in this context, negotiation between companies and / or between them and the State, can no longer escape the concept of compliance. No negotiation, however effective its results may seem, can be removed from a certain ethical assessment and from the accent that this new law has put on the table. Probably for many companies this is not a novelty, since they have foreseen from their origin, Codes of Ethics and specific programs to control their compliance.


But the truth is that the future of modern societies, imposes the most strictest knowledge of the policies of each company when opening the negotiation game as an essential point for the neat and effective closure of a comprehensive agreement, beyond the technical result desired by the parties.


New winds are approaching in the internal and external scenarios of the companies. And the concept of "effective negotiation" can not be separated from them.

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