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

In the view of the French Anti-corruption Agency (Agence française anticorruption - AFA), the audit system should ideally be based on three independent levels of audit .
The first level of audit aims to ensure, by means of preventive checks prior to a decision being taken or an operation being implemented, that the tasks inherent in an operational or support process have been carried out in accord …

Three audit levels

In the view of the French Anti-corruption Agency (Agence française anticorruption - AFA), the audit system should ideally be based on three independent levels of audit .

The first level of audit aims to ensure, by means of preventive checks prior to a decision being taken or an operation being implemented, that the tasks inherent in an operational or support process have been carried out in accordance with the procedures laid down by the organization. They are formalized, documented  and carried out by operational or support teams, or by line management .

The aim of second-level audits is to ensure that first-level audits have been carried out correctly and that the anti-corruption system as a whole is functioning correctly , by means of detection audits carried out on all or part of the decisions made or operations carried out, at predefined or random intervals. They are the subject of a formal plan describing, in particular, their scope, roles and responsibilities, frequency, sampling methods, expected formalization, follow-up of anomalies and associated action plans .

Third-level audits, also known as “internal audits”, must be carried out periodically. Their purpose is to ensure that the audit system complies with the organization's requirements, is effectively implemented and kept up to date. It is also through this level of audit that the undertaking can ensure that the risk situations identified by the corruption risk map are covered by effective preventive measures . These audits are the subject of a formal audit program describing the scope of the controls, sampling methods, expected formalization, follow-up of anomalies and associated action plans . The people in charge of this level of audit are independent  and appointed by the management board . It is recommended that the results of second- and third-level audits, as well as any shortcomings identified in the course of these audits, be the subject of regular audit reports submitted to the governing body .

AFA recommendations designed to help public and private legal entities prevent and detect corruption, influence peddling, misappropriation of public funds and favoritism of 4 December 2020, JORF of 12 January 2021, pts 63 and 319.

Ibid, pt 65; AFA, Sanctions Committee, 4 July 2019, LawLex202200001320JBJ, illustrating a level 2 audit in line with the Sapin II Law.

AFA, Sanctions Committee, 4 July 2019, LawLex202200001320JBJ, confirming the requirement for independence of the undertaking's audit department.

Compliance

58. Three audit levels

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

58. Three audit levels

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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