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Webinar anti-fraud law Article 201 bis law 11-2021 applied to billing software next September 15.

In this webinar we want to talk about the urgent need that software development companies have for those computer programs that develop business management functionalities, such as billing, accounting, finance, stock management, etc.

The commonly known Anti-fraud Law brings a new obligation for companies and the self-employed, with the aim of not allowing the production and possession of computer programs and systems that allow the manipulation of accounting and management data, and as is the case with the rest of tax obligations, is coupled with the corresponding infraction and its penalties, which can reach up to 150,000 euros for companies that market this type of software and 50,000 euros for those who use them.

Published in the Official State Gazette on July 10, Law 11/2021, of July 9, on measures to prevent and combat tax fraud, transposing Directive (EU) 2016/1164, of the Council, of July 12, 2016, which establishes rules against tax avoidance practices that directly affect the functioning of the internal market, modification of various tax regulations and in matters of gambling regulation, enters into force progressively from July 11, 2021.

Companies have three months, until October 11, 2021, when sections four and twenty-one of article thirteen will apply, which amend Law 58/2003, of December 17, General Tax Law (LGT), to ensure that the software that customers manufacture and use does not have, for example, double accounting capabilities, not reflecting the recording of transactions carried out, allowing certain “special” transactions to be illegally recorded, and other issues that we audit.

From www.leyantifraude.com we work with our clients in the audit and adaptation consultancy regarding the anti-fraud law Article 201 bis law 11-2021 offering the following questions:

Since there is not yet a formal certification procedure, as CISA auditors by ISACA and experts collaborating with the law, we propose the preparation of an audit report that includes the best practices of the industry in line with the description of this law, such as the TICKET BAY regulations of the Basque Country, the NF525 standard of France, among others, proposing the following structure of the report:

  1. Analysis of architecture, functionality and software processes that affect or apply to this law.
  2. Verification of the different points of good practices selected, including some of other internationally accepted standards in terms of Confidentiality, Availability, Integrity, Traceability and Identity of ISO27001, ISO27002 or ISO27017, among others.
  3. Report of gaps and recommendations, as well as proposal of an action plan for improvement.
  4. Adhesion documents that end customers must recognize.
  5. All this signed by a CISA auditor for ISACA and expert collaborator with justice.

Advantages obtained by the developer company and its end customers

The advantages that this audit includes are many but we want to underline the most important:

  • Have an independent report signed by a CISA auditor (Certified Information System Auditor) by ISACA and an expert collaborating with the justice system on the degree of compliance with the new law.
  • Offer third parties, clients and others, a report that objectively evaluates the good industry practices that apply to this law, the degree of compliance and, if applicable, an action plan for any gaps that may exist.
  • With this service, the client will be very close to complying with the official certification that will be published shortly, since the good practices for compliance with it are audited and evaluated.
  • As a marketing and strategic tool, you will be able to inform your clients and third parties of the audit that has been submitted, transmitting to your clients a level of professionalism and concern for the applicable regulations under this law, differentiating yourself from the competition.

Maintenance and periodic review

A review is also included, as a standard, monthly, of the processes that the client communicates to us that have affected our report.

Here is the link to register https://www.tecnowebinars.com/webinar/47602 .

#lawyers #abogados #aeat #erp #software #compliance

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