A professional decision can create value, solve a problem and move a business forward. It can also generate responsibility when an error, omission or failure to act causes harm.
With the entry into force of Law 74-25, which establishes the new Criminal Code of the Dominican Republic, professionals and companies face a clearer message: risk management is no longer an optional administrative task. It is part of responsible professional practice.
The change does not mean that every mistake automatically becomes a crime. Responsibility still depends on the facts, the applicable rules, the existence of harm and the connection between the conduct and the result. However, the new framework places greater attention on actions, omissions, supervision, confidentiality and the way organizations manage their duties.
For professionals and companies in the Dominican Republic, this is the right moment to review not only compliance procedures, but also financial protection through professional liability insurance.
This article is based on the note published by María Magdalena Pérez González of Grupo RiskPro in El Turístico on October 5, 2026. It provides general information and does not constitute legal advice.
The responsibility is broader than the action itself
In the past, many professionals understood risk mainly as the result of an action that went wrong. The new legal context requires a broader view.
Responsibility may arise from:
- An incorrect professional decision.
- Negligence or lack of due care.
- Failure to follow applicable regulations.
- An inadequate technical process.
- A delay that causes avoidable harm.
- Failure to supervise an employee, contractor or service provider.
- Failure to take an action that was legally or contractually required.
- Unauthorized disclosure of confidential information.
This last point is especially important. The question is no longer only “What did you do?” It may also be “What should you have done, and why did you fail to do it?”
That distinction matters for doctors, engineers, architects, accountants, lawyers, consultants, administrators and other professionals who have specific duties toward clients, patients, employees, users or third parties.
Commission by omission: when not acting creates exposure
The new Code recognizes responsibility in situations where a person had a legal or contractual duty to act to prevent harm and did not do so.
In practical terms, this can apply to people who occupy a position of responsibility or guarantee. A professional may be expected to identify a risk, issue a warning, perform a required review, protect information or supervise a process.
If that duty is ignored, the omission itself may become relevant.
For example, an engineer who fails to report a significant structural concern, a manager who does not implement a required safety control, or a health professional who omits a necessary evaluation may face questions about both the decision made and the step that was left undone.
This does not replace a detailed legal analysis of each case. It does show why relying only on good intentions is not enough. Clear procedures, documentation, supervision and suitable financial protection work together to reduce uncertainty.
Companies can also face responsibility
The new framework strengthens the relevance of responsibility for legal entities. A company may be exposed when imprudence, negligence, failure to follow regulations or inadequate supervision contributes to an offense committed in its name or for its benefit.
The responsibility of the company does not necessarily exclude the responsibility of the individuals involved. In some situations, both levels may be examined:
- The company’s organization and internal controls.
- The decisions made by directors or managers.
- The conduct of the professional who carried out the work.
- The supervision provided by the organization.
- The measures available to prevent or correct the problem.
This makes governance and risk management operational priorities. A written policy that no one follows offers limited protection. What matters is whether the company identifies its risks, assigns responsibilities, monitors compliance and keeps evidence that its controls operate in practice.
Companies can learn more about structuring their broader protection through Grupo RiskPro’s business insurance solutions.
Professional liability insurance protects more than a policyholder
A claim related to professional services can create several types of financial pressure at the same time.
There may be:
- Legal defense expenses.
- Costs associated with expert reports.
- Negotiation and settlement expenses.
- Compensation or indemnity payments.
- Administrative and investigation costs.
- Business interruption and reputational impact.
- Personal exposure for professionals or company leaders, depending on the circumstances.
Professional liability insurance is designed to help protect the personal or business assets of the insured against claims arising from the provision of professional services. Its purpose is not to replace good practice or compliance. It provides financial support when a covered claim develops, subject to the policy’s terms, conditions, limits, deductibles and exclusions.
This distinction is important. Insurance does not legalize negligent conduct. It does not automatically cover every dispute. It does, however, give you a structured response when a professional allegation becomes a significant financial event.
That is why protection should be treated as part of a risk strategy rather than as an optional expense.
Intrusism and professional authorization
The new Code also reinforces the importance of exercising regulated professions with the required license, exequatur or authorization.
For companies, this creates a practical responsibility. It is not enough to hire someone who appears qualified. Organizations should verify credentials, define roles and maintain appropriate records.
For professionals, the message is equally clear: using a professional title without the corresponding authorization can generate serious consequences.
Credential verification and professional liability insurance address different risks. Verification helps prevent unauthorized practice. Insurance may respond to certain covered claims arising from professional services. One does not replace the other.
A careful strategy combines both.
Confidentiality is part of professional protection
Professionals often handle sensitive information, including health records, financial data, business plans, contracts, personal identification and internal company communications.
The unauthorized disclosure of information known through professional activity may have legal, financial and reputational consequences. A confidentiality failure can affect the person whose data was exposed, the professional who handled it and the organization responsible for the process.
Good protection begins with practical controls:
- Limit access to information according to each person’s role.
- Use secure systems and appropriate passwords.
- Establish clear confidentiality obligations.
- Train employees and contractors.
- Document how information is stored, shared and deleted.
- Create a process for reporting and responding to incidents.
Insurance may complement these measures, but it cannot replace them. The appropriate response depends on the type of policy, the coverage granted and the exclusions that apply.
What should you review now?
You do not need to wait for a claim to discover that your protection is incomplete. A practical review can begin with five questions:
1. What professional services do you provide?
List your activities in clear terms. Include consulting, design, certification, diagnosis, supervision, administration, technical advice and any other service that creates duties toward a client or third party.
2. Where could an omission occur?
Identify the decisions, controls and reviews that must happen on time. Ask who is responsible and how completion is documented.
3. Who carries the responsibility?
Review the relationship between owners, directors, managers, employees, independent professionals and contractors. Clear roles reduce confusion when a problem appears.
4. What information do you manage?
Classify confidential data and review who can access it. Include digital systems, physical files, email and messaging applications.
5. Would your current resources cover a claim?
Consider legal defense, expert assistance, negotiations and possible indemnity payments. Compare that exposure with your current policy limits and exclusions.
At Grupo RiskPro, we evaluate these factors with you and compare options according to your activity, exposure level and applicable obligations. The goal is not to add unnecessary complexity. It is to help you understand what you are protecting, what the policy responds to and where limitations may apply. You can explore our broader insurance services to see how we approach risk assessment and personalized protection.
Protection is now an operating priority
The new Criminal Code reflects a wider regulatory direction. Compliance, prevention and professional risk management are becoming essential parts of how businesses and independent professionals operate.
The question is no longer whether a claim is likely to happen tomorrow. The more useful question is whether you are prepared to respond if a professional decision, omission or supervision failure is challenged.
A professional liability policy does not replace technical excellence, legal compliance or responsible management. It adds financial structure and continuity to those efforts.
You do not have to review your protection alone. We listen to your situation, explain the available options, compare coverage and continue supporting you after the decision. The first step is a clear conversation about the work you do and the responsibilities that come with it.