Legal Design and Model 231: innovation in corporate compliance

Legal Design as a lever for 231 compliance

Companies’ administrative liability, introduced by Legislative Decree 231/2001, has profoundly transformed the corporate compliance landscape. Today, companies and organisations are required to adopt effective Organisational Models (Model 231) capable of preventing the commission of predicate offences and ensuring the exemption of the entity from liability.

However, formal adoption alone is not enough: these tools must be truly effective, understandable and applicable by those who work in the company on a daily basis.

Legal design applied to 231 Models aims to make legal documentation more accessible and 'user-friendly', overcoming the traditional, often defensive and hyper-formalistic approach, in order to ensure effective crime prevention and the spread of a culture of legality.

In concrete terms, the legal design approach to drafting and communicating Model 231 involves rewriting documents in clear and direct language, prioritising comprehensibility for all recipients, not just for professionals. The structure of the documents is redesigned to facilitate navigation and memorisation of key information, thanks also to the use of visual tools. In addition, Model 231 is customised according to the company's target audience, with specific sections highlighting what is really relevant to each group. Another fundamental aspect is the active involvement of the target audience in the construction and revision of Model 231.

Recipient profiling and effective communication

The customisation and involvement of recipients is particularly crucial when one considers that Model 231 consists of two parts: a General Part, usually intended for all internal parties and often extended to external parties, and a Special Part, intended for the company functions most exposed to crime risks. It is precisely in the drafting of this second Part that the profiling of the recipient, integrated with workshops, interviews and usability tests, ensures that the document meets the real operational needs of the company, thus becoming a living and dynamic tool capable of guiding daily behaviour.

This profiling allows the language, structure and communication channels to be adapted, making Model 231 truly accessible and useful. For example, for an IT technician, it will be important to find clear and immediate operating instructions, while for an administrative manager, specific references to control procedures and responsibilities will be essential. The creation of user personas helps to 'tailor' the Special Part of the 231 Model, increasing spontaneous adherence to the requirements and strengthening the preventive function of the document.

Another crucial aspect of 231 compliance is the management of information flows between company departments and the Supervisory Body. Legal design suggests structuring information flows in a clear and intuitive way, facilitating the reporting of critical issues, doubts or violations through guided paths, summary tables of timelines and responsibilities, and visual tools that help recipients quickly identify what, how and to whom to report. The wide and correct dissemination of procedures can only be guaranteed through a well-designed communication plan that takes into account the different roles and levels of risk within the company.

The concrete benefits

The benefits of this approach are manifold. A clear and accessible Model 231 is more easily known, understood and applied, with a positive impact on the prevention of offences and the dissemination of a corporate culture of legality. In this way, compliance ceases to be perceived as an external constraint and becomes a shared value, strengthening widespread responsibility within the organisation. Furthermore, the effective implementation of the 231 Model represents a more solid defence in the event of disputes with the judicial authorities.

In conclusion, the integration of legal design into the 231 Model represents a true cultural evolution in corporate compliance. It is not just a matter of 'embellishing' documents, but of transforming them into living tools capable of guiding behaviour and strengthening widespread responsibility within the organisation. In an increasingly complex and dynamic regulatory environment, legal design is proving to be a strategic lever for companies that want to combine efficiency, transparency and sustainability.