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 French Anti-corruption Agency (Agence française anticorruption AFA) recommends collecting extremely detailed information on the third party . The undertaking must list its main identification details: name,  company name, legal form, date of creation, workforce, sales, capital, business sector(s), areas of expertise and geographical location. It must also list the full names of its main shareh …

Information sought

The French Anti-corruption Agency (Agence française anticorruption AFA) recommends collecting extremely detailed information on the third party . The undertaking must list its main identification details: name,  company name, legal form, date of creation, workforce, sales, capital, business sector(s), areas of expertise and geographical location. It must also list the full names of its main shareholders and beneficial owners.

The undertaking then checks that the third party - particularly if it is an intermediary or supplier - has the experience, qualifications and skills required to carry out its mission. To this end, it may ask the third party to provide any professional references it deems necessary, based on data already collected, such as the date of incorporation or the date the business was launched. A third party's lack of qualifications or experience can be defined as an aggravating factor when assessing its level of risk.

The undertaking should also check whether the third party, its directors, principal shareholders and beneficial owners have been the subject of any adverse reports, allegations, prosecutions or convictions for breaches of probity. It can also ensure that the third party has implemented an anti-corruption compliance system. In this respect, the fact that the third party does not communicate or document the implementation of such a system may be considered a point of vigilance.

Finally, where public/private relations present an identified risk in terms of corruption, it is in the undertaking's interest to identify any interactions the third party may have with public officials, a fortiori when these are politically exposed persons, as defined in Article L. 561-10 of the Monetary and Financial Code.

AFA recommendations intended to help legal entities under public and private law to prevent and detect acts of corruption, influence peddling, concussion, illegal taking of interest, misappropriation of public funds and favoritism of 4 December 2020, JORF of 12 January 2021, pts 217 et seq. See also, for examples of information whose collection the CNIL considers legitimate, CNIL, 1 December 2016, LawLex202300011970JBJ; 21 September 2017, LawLex202300011969JBJ; 18 January 2018, LawLex202400002534JBJ; 15 March 2018, LawLex202300011965JBJ.

Compliance

43. Information sought

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

43. Information sought

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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