Head of legal, regulation and compliance | Essbio
Daniela Martínez
Head of legal, regulation and compliance | Essbio
How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?
In times of crisis, preparation is essential. While you can’t predict when a crisis will occur, having a solid structure in place beforehand is crucial. When I first joined Essbio, our legal team lacked clarity in roles and responsibilities, which led to inefficiencies. My first task was to clearly define each lawyer’s role, align them with their strengths, and communicate these changes to our internal clients. This ensured accountability and streamlined our workflow, making it easier to manage during high-pressure situations.
We also developed a system for handling court litigations, categorising cases as critical, medium-critical, or routine. Each category triggers a specific response, ensuring that urgent matters receive immediate attention while less critical issues are managed appropriately. This system has been invaluable during crises, allowing us to prioritise effectively without letting important cases slip through the cracks.
Communication is key during a crisis. Inspired by a Harvard professor’s concept of a “holding environment,” I established regular meetings with all key decision-makers. These meetings facilitate quick decision-making and keep communication lines open without dragging out discussions.
Throughout a crisis, it’s crucial to remain flexible, reassigning tasks as needed based on priorities. Additionally, it’s important to work within the company’s existing procedures rather than creating new layers of bureaucracy. By leveraging what’s already in place, we add value without complicating processes. This approach – focused on preparation, clarity, communication, and flexibility – has been effective in managing crises efficiently.
What measures has your company taken to embed sustainability practices into its core business operations, and how does the role of the general counsel contribute to driving and ensuring sustainable practices within the company?
The new Economic and Environmental Felony Law in Chile presents both a challenge and an opportunity for companies. This law, which took effect last year, introduces a range of new crimes and holds companies, not just individuals, accountable. Our legal team has led the review and implementation of measures to prevent these offences, as well as to establish protocols and mitigation strategies.
This law has allowed us to engage with the core of our business like never before. As a water company, our primary responsibilities include providing fresh water and treating sewage. Many of the new crimes are related to environmental issues, such as water extraction, directly impacting our operations. This has given us the opportunity to thoroughly review and strengthen our processes, ensuring that we have robust controls in place to prevent any legal infractions.
For us as lawyers, this has been an especially interesting and challenging endeavour. My background in regulatory and public policy, rather than compliance or risk assessment, has expanded through this process. Developing a risk-focused perspective has enhanced our ability to influence company-wide procedures, making our role more impactful. By integrating these new compliance measures, we’ve not only met legal requirements but also deepened our understanding of the company’s operations. This has positioned the legal team as a crucial player in navigating and implementing these significant changes.
The law is already in effect for individuals and will soon apply to companies, making our work even more critical as we prepare for full compliance.
How do you prioritise diversity and inclusion within your legal department, and what initiatives have you implemented to foster a more inclusive and equitable work environment?
The water sector, like the energy sector where I previously worked, is traditionally male-dominated. However, Essbio has made significant strides in promoting gender diversity. I’m proud to be the first female legal manager in the company’s history, a testament to Essbio’s commitment to advancing women into leadership roles.
Our company has implemented robust policies to ensure women’s inclusion, not only through hiring practices but also by adhering to standards like the ISO norm. My legal team is diverse, though I can’t claim credit for this—it’s a result of Essbio’s broader initiatives. Personally, I ensure that headhunters present female candidates and leverage my connections in women’s professional networks, like Women in Energy and In-House Lawyers, when recruiting. These efforts reflect my commitment to supporting and advancing women in the workplace.