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 undertaking's most exposed managers and employees must undergo mandatory training, adapted to their professions and the risks to which they may be exposed . Identifying who should benefit from such training and its content must be based on the mapping of risks to probity. These may include personnel dealing with certain third parties, such as sales or purchasing staff, and personnel involved i …

Training of exposed personnel

The undertaking's most exposed managers and employees must undergo mandatory training, adapted to their professions and the risks to which they may be exposed . Identifying who should benefit from such training and its content must be based on the mapping of risks to probity. These may include personnel dealing with certain third parties, such as sales or purchasing staff, and personnel involved in implementing anti-corruption measures . As for the content of training courses, it should vary according to whether they are aimed at managers and staff most exposed to the risk of corruption or at other categories of people, and be adapted to the nature of the risks, the functions performed and the undertaking's geographical areas of activity .

Training for managers and staff most at risk is designed to alert them to the need for vigilance in the performance of their duties, as well as to the behavior they should adopt when faced with high-risk situations. The aim is to help them understand the undertaking's anti-corruption system, and ultimately to limit the risks previously identified in the risk map .

The aim of training is to improve understanding and knowledge of processes and the risks they entail, as well as the offenses of dishonesty, the due diligence to be performed, the measures to be applied to reduce these risks, the behavior to adopt in the event of undue solicitation, and the disciplinary sanctions incurred in the event of non-compliant practices . When this objective is met, the mere fact that an employee has not taken two mandatory compliance training courses, including one on corruption, does not justify dismissal, as long as he or she has successfully completed six other courses on the same subject .

The AFA specifies that the common core of training courses must cover the code of conduct, corruption in general, its issues and forms, the applicable legal obligations and related sanctions, the anti-corruption compliance system, the behavior to adopt, the role and responsibilities of each individual in the face of corruption, as well as the anti-corruption whistleblowing system . In addition, specific topics may be covered, depending on the functions performed by the participants and the specific risks they face. In particular, staff in charge of control functions should be trained in corruption detection tools .

Like the code of conduct, training courses can be based on case studies and scenarios tailored to the specific audience and risks identified in the risk map . Undertaking personnel can be invited to share their experiences, reactions and conclusions, which can lead to exchanges that are as close as possible to operational constraints. Role-playing exercises can also help to ensure that the rules are taken on board in day-to-day operations . In addition, the AFA encourages the introduction of tools to check that training has been properly understood, such as knowledge checks, which can be carried out during training and after a certain time, to ensure that knowledge has been properly assimilated . Training must be provided during the induction course for managers and staff at risk, and then on a regular basis throughout their working life within the company .

AFA recommendations 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, pt 43.

CA Aix-en-Provence, 16 September 2021, LawLex202400002844JBJ.

Compliance

38. Training of exposed personnel

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

38. Training of exposed personnel

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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