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 Defender of Rights (Défenseur des droits) is an independent administrative authority, enshrined in the Constitution , which monitors respect for rights and freedoms. Since the 2016 Sapin II Law, the authority has been responsible for supporting whistleblowers, and this role was further strengthened by the Waserman Law of 21 March 2022 . With the task of auditing the overall effectiveness of wh …

Support and protection

The Defender of Rights (Défenseur des droits) is an independent administrative authority, enshrined in the Constitution , which monitors respect for rights and freedoms. Since the 2016 Sapin II Law, the authority has been responsible for supporting whistleblowers, and this role was further strengthened by the Waserman Law of 21 March 2022 . With the task of auditing the overall effectiveness of whistle-blower protection in France, he must inform, guide, advise and protect whistle-blowers  in all sectors, whatever the applicable regime.

If the whistleblower's employer retaliates because of the disclosure made, he or she can refer the matter to the Defender of Rights institution which will investigate the complaint. If there is sufficiently serious reasons that there is a link between the alert and the disputed measure, the Defender of Rights must investigate with the entity in question to determine whether the disputed decision constitutes a retaliatory measure following the report . In this respect, the Defender of Rights will have to examine the conditions under which the disclosure was made to determine whether it falls within the protection granted by the law and analyze whether the retaliatory measure taken against the claimant stems directly from the fact of having reported the wrongdoing. However, the authority's  intervention must remain neutral: it is not his role to assess whether or not the measures taken by the government are sufficient, and even less so to assess the merits of a disclosure, since this is the task of the specific competent authorities .

The possibility offered to individuals to apply to the Defender of Rights for an opinion on their status as a whistleblower, in the light of the conditions set out in Articles 6 and 8 of the Sapin II Law, is not intended to limit the power of the courts to assess the status, nor to deprive any individual of the right to appeal against the opinion of the Defender of Rights, should it have a significant effect or influence on his or her situation .

The body's role is strictly limited. While the legislator has given it the power to direct any whistleblower to the appropriate authorities under the conditions laid down by law, and to safeguard the rights and freedoms of the latter, it cannot, however, without disregarding the limits of his powers, provide financial aid or assistance .

Created by the constitutional revision of 23 July 2008 and instituted by organic law 2011-333 of 29 March 2011 relating to the Defender of Rights , OJ 30 March 2011.

Law No 2022-401 of 21 March 2022, aimed at improving the protection of whistle-blowers, OJ of 22 March 2022.

Cons. constit., 17 March 2022, LawLex202400003116JBJ.

Def. droits, 28 May 2020, LawLex202400003133JBJ.

Def. rights, 28 May 2020, LawLex202400003133JBJ.

Cons. constit. 17 March 2022, LawLex202400003116JBJ.

Cons. constit., 8 December 2016, LawLex202300012088JBJ.

Compliance

86. Support and protection

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

86. Support and protection

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise