Introduction

Scope of application

Compliance program

Protection of whistleblowers

Audit and sanctions

Rules arising from the Sapin II Law

EU law

French law

Rules derived from competition law

Sapin II Law/Competition

Scope ratione personae

Scope ratione materiae

Scope

Development of plan

Measures included in plan

Inclusion in management report

Vigilance plan

Injunctions

Civil liability

Sanctions

Duty of vigilance (devoir de vigilance)

CSR programs

Reporting

Communication

Reporting and communication

Judicial sanctions

Risk to reputation, strategy and stability

Corporate Social Responsability (CSR)

Middlenext Code

IFA Corpus

AFEP - MEDEF Code

Types

Principles of governance

Principles incorporating CSR values

Principles

Comply or explain

Binding force

Private codes of conduct

Compliance

Initially, lawmakers had envisaged the imposition of civil and criminal fines to compel undertakings to meet their obligations. However, these were too vaguely defined, leading the Constitutional Council to overrule the relevant provisions . Other sanctions have been adopted to ensure that the array of legislation on the duty of vigilance does not remain on the starting block. These include injunctions and civil liability of the company.

Cons. constit., 23 March 2017, LawLex202200001718JBJ.

Non-compliance with the law

117. Non-compliance with the law