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

Under Article 3, III of the Sapin II Law, the French Anti-corruption Agency (Agence française anticorruption - AFA) audits the quality and effectiveness of procedures implemented to prevent and detect corruption, influence peddling, misappropriation of public funds and favoritism, within State administrations, local authorities, their public establishments, semi-public companies and companies gove …

Quality of anti-corruption measures

Under Article 3, III of the Sapin II Law, the French Anti-corruption Agency (Agence française anticorruption - AFA) audits the quality and effectiveness of procedures implemented to prevent and detect corruption, influence peddling, misappropriation of public funds and favoritism, within State administrations, local authorities, their public establishments, semi-public companies and companies governed by Title II of Book V of Part I of the General Local Authorities Code, and associations and foundations recognized as being of public interest.

Article 17, III of the Sapin II Law also grants the AFA responsibility for auditing compliance programs set up to prevent and detect the commission, in France or abroad, of acts of corruption and influence peddling, punishable under the Criminal Code, by companies with at least five hundred employees, or belonging to a group of companies whose parent company has its head office in France, with a workforce of the same size, and whose sales, or consolidated sales, exceed EUR 100 million, or by public industrial and commercial establishments (EPIC) meeting the same criteria, or belonging to a public group of the same size, mentioned in II of Article 17 of the Sapin II Law.

While such audits are, in principle, undertaken on its own initiative, they may also be carried out at the request of the Chairman of the High Authority for Transparency in Public Life (Haute Autorité pour la Transparence de la Vie Publique), the Prime Minister, ministers or, in the case of local authorities and their public establishments and companies governed by Title II of Book V of Part I of the Local and Regional Collectively Code (Code Général des Collectivités Territoriales), the State representative. They may also follow a disclosure sent to the agency by an approved association under the conditions set out in Article 2-23 of the Code of Criminal Procedure.

Compliance

88. Quality of anti-corruption measures

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Les notions juridiques connexes

88. Quality of anti-corruption measures

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Les notions juridiques connexes

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