Bearing in mind that the times we live in are of absolute uncertainty, there is no objective and direct answer to the posed question, given that regulation for this type of situations does not accompany their development. Nevertheless, and concerning this aspect, we will consider the legislation which is in force at the moment.
This being the case, the fact is that, under any circumstances, a company’s management and decision-makers may be held legally and criminally liable, so there is no reason to believe that this possibility will be ruled out.
Therefore, and as lawyers, we suggest that our Clients take decisions in a timely, informed, considered manner, gathering all the elements and evidence that led them to make a certain decision, always accompanied by the entire rational process that culminated in it. Besides, and in a post-decision context, we also suggest gathering evidence that shows that regular monitoring of the impacts resulting from the decision once made has taken place. Only this way, the companies’ managing bodies can eventually be protected from being indicted for mismanagement.
