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? </strong>   

When dealing with crises, there are different stages. The legal department plays a key role in (i) drafting crisis-specific policies and procedures. It must be part of the crisis communication framework in all scenarios (ii) evaluating risk assessments and contingency plans for different crisis situations to ensure preparedness and minimise disruptions (iii) providing legal input for all internal and external communication. To achieve this, senior management must empower the legal team accordingly. 

As outlined above, the legal department is essential in emergency situations to evaluate the immediate legal implications of a crisis, such as regulatory breaches, contract disruptions, or litigation risks. To manage this effectively, it is crucial to (i) coordinate proactively with authorities and regulators (ii) ensure employee and customer protection by providing immediate legal guidance on labour laws, data privacy, and customer rights (iii) assess contractual risks by identifying force majeure clauses or renegotiation opportunities. At the same time, the legal team must lead and facilitate urgent meetings with the board, executives, and external counsel to align the organisation’s response and legal priorities while supervising internal and external communication. 

To foster continuous improvement, it is essential to conduct a post-crisis analysis to identify lessons learned, enhance processes and procedures, and strengthen alignment between legal strategy and business resilience. Constant monitoring of evolving regulations and providing strategic guidance to adapt business practices accordingly is also key.

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

The first step is ensuring the legal team has the necessary empowerment from senior leadership to champion ESG principles. This guarantees alignment between legal strategy and executive vision, driving commitment across the organisation. Leadership engagement is fundamental, as ESG is a cross-functional topic that requires collaboration between Finance, HR, Sustainability, and Operations. Leading by example and raising awareness is key. The legal department should foster and participate in (i) policy development aligned with the organisation’s values and regulatory requirements (ii) regular education and training sessions to raise awareness about ESG principles, compliance requirements, and their relevance to business success (iii) ESG-related risk assessments as part of overall risk management (iv) overseeing accurate and transparent ESG reporting to stakeholders (v) integrating ESG compliance clauses into supplier and partner agreements to ensure alignment throughout the value chain. 

What do you see as the major legal challenges for businesses in Spain over the next five years, and how are you preparing to address them?   

The primary challenges will be increased regulatory pressure, heightened regulatory scrutiny, and rising litigation risks. A key focus will be adapting to new ESG legislation, including the EU Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD). These regulations shift the reporting paradigm from retrospective disclosures to forward-looking statements on financial risks and opportunities, with specific ESG metrics and responsible supply chain management requirements. 

A major challenge will be ensuring cross-functional alignment across all departments to comply with reporting and due diligence obligations. Data quality will be critical, making investment in technology and expertise essential to streamline data collection and reporting processes. These legal challenges will require proactive engagement with peers, authorities, and regulators to stay ahead of developments and best practices.