Title I - PROVISIONS OF THE CODE
CHAPTER V – Rules of application, Monitoring, Breaches and Sanctions
21. MONITORING OF COMPLIANCE WITH THE CODE
21.1. Monitoring of compliance with the rules established in this Code is the responsibility of the Code of Practice Surveillance Unit, the Code of Practice Committee for the Pharmaceutical Industry in Spain (hereinafter, the Code of Practice Committee) and the Jury of the Association for Self-Regulation of Commercial Communications (hereinafter, the Jury).
21.2. In this regard, the companies subject to the provisions of the Code as indicated in articles 19.1 and 19.3, notwithstanding the request for cessation that may be issued to the company that is presumably in breach, commits to register their eventual complaints against the practices of other companies subject to the provisions of the Code, as a first step prior to resorting to the Courts of Justice or Health Authorities, to the Code of Practice Committee, as well as to obey and immediately comply with the mediation agreements reached and the content of the resolutions of the Jury.
Companies that initiate a claim in compliance with the provisions in the Code guarantee that said claim has not been resolved, nor is it being processed in legal proceedings or in an administrative procedure.
21.3. Both the complainant and the respondent companies agree to maintain the confidentiality of the complaint procedure and its resolution, refraining from disclosing any information on the procedure, until the resolution of the dispute has not been published, where applicable.
21.4. For the effective application of this Code and the processing and resolution of any complaint that is filed against the activities of the companies subject to the provisions of the Code as defined in articles 19.1 and 19.3, the Code of Practice Surveillance Unit, the Code of Practice Committee and the Jury must be subject to the provisions stated in their respective Rules of Procedure.
21.5. Failure to cooperate with the Control Bodies by a company that is subject to the provisions of the Code as established in articles 19.1 and 19.3 will constitute a breach as defined in article 22.
21.6. Unjustified refusal or lack of cooperation with the investigative procedure regulated in article 37 of Title II Rules of Procedure for the Control Bodies, by a company that is subject to the provisions of the Code as established in articles 19.1 and 19.3, will constitute a severe or very severe breach according to the stipulations in article 22.