Team size: 20

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?

Companies face instability and crises throughout their existence. Therefore, from a conceptual point of view, companies should implement transversal mechanisms to face adverse situations in areas such as legal, safety, social, commercial, labour, and communications.

In such a scenario, the general counsel’s main concern should be to avoid or mitigate, as much as possible, legal and regulatory contingencies that may arise from adverse situations or crises, and which may impact the continuity of the company and expose the management to legal liabilities.

However, a good legal strategy should be preventive and place the company one step ahead of adverse situations or crises, enabling better management of the situations when they occur.

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?

Sustainability is built on several pillars, including good environmental practices, safety, human rights, labour, and compliance, among others. A company with a clear and appropriate sustainability strategy must implement good environmental management practices, controlling its impacts appropriately, thus preserving the environment and ensuring it for future generations. This entails not only trying to comply with what the law requires but also pursuing the best practices that can achieve the objective of sustainability within the context and reality of each company.

In addition, a sustainable company must ensure compliance with good practices and appropriate measures to ensure the safety of workers and the company’s surroundings. It should also uphold good practices regarding human and labour rights throughout its value chain, encouraging compliance among contractors and third-party companies with which it maintains commercial relationships.

Finally, a relevant pillar is related to compliance. A sustainable company must have implemented an ethical culture at all levels, ensuring that actions are always conducted correctly and respects established standards of conduct. Moreover, it should have implemented a robust compliance programme.

Based on the above, the general counsel has a leading role in the company’s sustainability by providing advice and supervision for compliance with standards and by designing the company’s policies and procedures.

In your opinion, what are the main trends that are salient in your country currently?

Peru is currently experiencing a social and political period that poses a significant challenge for democracy. The post-pandemic crisis, along with geopolitical considerations, has led to consequences that have resulted in a setback in the fight against poverty, thereby exacerbating inequality. This situation is further aggravated by the corruption of the previous government, which undermined state institutions and promoted informality and illegal economies.

Although the constitutional transition restored order, it also generated frustration among its supporters, particularly in the poorest regions of Peru. This has led to serious social conflicts, which were only quelled by the need to generate income amidst an economic context of recession and inflation. The sum of these factors presents a challenging scenario for both society and businesses alike.

Businesses and the government have vital roles to play. Authorities need to regain transparency, predictability, and reasonableness to promote growth. Companies need to respond with trust, dedication to work, and investment, while acting within the framework of the law and ethics. In this context, legal areas face a primary and relevant challenge.