Team size: 34

Based on your experiences in the past year, are there any trends in the legal or business world that you are keeping an eye on that you think other in-house lawyers should be mindful of?

Much depends on the industry or sector of the company to which one provides legal counsel.

In the case of the SAESA Group companies, which operate as regulated public utility companies and hold public concessions for electricity transmission and distribution services, as well as owning power generation assets, sector-specific regulation is constantly evolving. Consequently, it is essential to maintain continuous oversight of the obligations arising from newly enacted laws, regulatory frameworks, and technical standards, while assessing their impact on internal business processes. Within the electricity regulatory framework, this has been particularly evident over the past twelve months in matters such as tariff-setting proceedings, obligations relating to electricity-dependent customers, commercial processes, and other regulatory requirements.

With respect to other legislative frameworks that are highly relevant to the development of our business activities, I believe special attention should be paid to the Corporate Criminal Liability Act (including the continuously expanding catalogue of predicate offences), as well as to the new Economic Crimes Act, which is closely interconnected with Law No. 20,393. Likewise, in the area of internal workplace relations, particular emphasis should be placed on the proper implementation, training, and ongoing monitoring required under the Karin Law. Similarly, organisations must ensure effective implementation of the new Personal Data Protection Act and compliance with the obligations it establishes.

How can general counsel foster a corporate culture that supports ESG principles and compliance across all levels of the organisation?

Given the General Counsel’s cross-functional and enterprise-wide perspective, the role plays a critical part in fostering a corporate culture that promotes ESG principles and an effective compliance framework throughout the organisation.

Achieving these objectives requires commitment at the Board of Directors level, together with the allocation of sufficient resources to implement a strategic roadmap aimed at embedding ESG and compliance considerations into the company’s operations and governance structures.

Within the SAESA Group, I had the opportunity to lead ESG initiatives by first training employees on ESG concepts and principles, and subsequently conducting assessments of existing practices, performance metrics, and corporate policies. A key component of this process is measuring the organisation’s current position and identifying gaps across each ESG pillar, thereby enabling the implementation of new initiatives, metrics, and controls through a continuous improvement approach.

More specifically, I have led the annual assessment and survey processes conducted by GRESB, an internationally recognised ESG benchmarking organisation that evaluates companies of different sizes and industries worldwide. These assessments have yielded very positive results and have provided valuable insights into SAESA’s ESG maturity level, supporting the enhancement of corporate policies, procedures, reporting practices, and overall governance in ESG-related matters.

A similar approach applies to the compliance function. It is essential to map the company’s business processes, identify and assess strategic and operational risks, implement appropriate mitigation measures, and continuously evaluate the effectiveness of such controls. Equally important is the development of a robust compliance culture through ongoing training and awareness initiatives across the organisation.

At SAESA, the annual compliance training program is led by the Legal Department, which is responsible for planning and delivering a broad range of educational initiatives. These include company-wide online training sessions, general compliance courses, educational capsules, participation in extended committee meetings, and specialised training programs tailored to specific business units. These initiatives are primarily based on action plans derived from the company’s risk assessment and risk management processes. In addition, significant consideration is given to training needs identified through the annual employee survey, as well as to specific training requests submitted by the various business units in response to the annual training needs assessment conducted each January.

This comprehensive approach ensures that compliance remains fully integrated into the organisation’s governance framework while promoting a strong culture of ethics, integrity, accountability, and regulatory compliance.