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

Corruption must be intentional and requires, in principle, proof of a general fraud, combined with a specific intent consisting of awareness of the unjustified nature of the advantage offered, given, solicited or accepted , and the willingness of the public official or private individual, exercising a management role or working for a natural or legal person or for any organization whatsoever within the framework of a professional or social activity, to perform or refrain from performing an act falling within the scope of his activity or function, or facilitated by it. As a general rule, however, the trial courts infer intent from the undisputed material nature of the facts .

Cass. crim., 20 May 2009, LawLex202200003378JBJ.

Cass. crim., 19 March 2003, LawLex202200007980JBJ, considering that the guilty intent of freelancers working for a national television channel can be deduced, in particular, from their deliberate breach of the duty of probity, their full knowledge of their situation within the channel and the role of this company; 22 January 2014, LawLex202200008246JBJ, upholding the intention of the accused who tries to justify the receipt of a computer by explaining that it is a loan, when this explanation is contradicted by the fact that the object has not been returned despite the fact that it was handed over a long time ago.

Intentional misconduct

12. Intentional misconduct