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

Article 17 of the Sapin II Law  requires certain organizations, both private and public, to implement a compliance program to prevent and detect the commission, in France or abroad, of acts of corruption and influence peddling, punishable under the Criminal Code. The offenses concerned are those of corruption and influence peddling by national public officials, as set out in Articles 432-11, 1° (passive corruption), 433-1 (active corruption), 432-11, 2° (passive influence peddling) and 433-1 (active influence peddling), and those of foreign public officials, as set out in Articles 435-1 (passive corruption), 435-3 (active corruption), 435-2 (passive influence peddling) and 435-4 (active influence peddling), and private individuals who are not public officials, as defined in Articles 445-1 (active corruption), 445-2 (passive corruption), 433-2, paragraph 1 (passive influence peddling) and 433-2, paragraph 2 (active influence peddling), of the Criminal Code.

Law 2016-1691 of 9 December 2016 on transparency, the fight against corruption and the modernization of economic life, JORF of 10 December 2016.

Offenses concerned

7. Offenses concerned