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

The Law of March 27, 2017 introduces an obligation for parent companies to draw up a “vigilance plan”, the aim of which is to identify risks and prevent serious harm to human rights and fundamental freedoms, to the health and safety of individuals, and to the environment, resulting from their activities, but also from those of subsidiaries, subcontractors and suppliers, with whom they have establi …

Areas concerned

The Law of March 27, 2017 introduces an obligation for parent companies to draw up a “vigilance plan”, the aim of which is to identify risks and prevent serious harm to human rights and fundamental freedoms, to the health and safety of individuals, and to the environment, resulting from their activities, but also from those of subsidiaries, subcontractors and suppliers, with whom they have established business relations .

As the law is silent on what is meant by “serious harm”, some legal experts recommend turning to the United Nations Guiding Principles  on Business and Human Rights, which refer to the notion of “adverse impacts” and consider, as far as human rights are concerned, that such an impact occurs when an action removes or reduces an individual's ability to enjoy his or her human rights. Such a comparison seems questionable, however, given the obvious difference in degree between the seriousness of a violation of a right and the mere adverse impact of a measure on that right.

UNO, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, 2011.

Compliance

103. Areas concerned

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Sous parties

Les notions juridiques connexes

103. Areas concerned

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Sous parties

Les notions juridiques connexes

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