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

A compliance program is the set of measures and procedures put in place by an organization, whether public or private, to identify, prevent, detect and punish all or part of the behavior likely to be classified as corruption or influence peddling .
The French Anti-corruption Agency considers that any system designed to achieve these objectives must be based on three inseparable pillars: the first  …

Three inseparable pillars

A compliance program is the set of measures and procedures put in place by an organization, whether public or private, to identify, prevent, detect and punish all or part of the behavior likely to be classified as corruption or influence peddling .

The French Anti-corruption Agency considers that any system designed to achieve these objectives must be based on three inseparable pillars: the first is a commitment on the part of the management body to ensure that the organization's missions, skills and activities are not compromised by breaches of probity; the second is an awareness of the risks of breaches of probity to which the entity is exposed, through the development of a risk map; the third is the implementation of effective measures and procedures aimed at preventing, detecting and punishing any behavior or situation that run counter to the code of conduct, or are likely to constitute breaches of probity .

To help undertakings define and deploy their compliance program, the AFA has published Recommendations  which detail the various stages involved in building this program, and the content of the various measures covered by Article 17, II of the Sapin II Law. In its first decisions , the AFA made it clear that these recommendations are only a reference framework, and are not binding on undertakings. No grievance can therefore be brought against an undertaking for failing to comply with the requirements added by this recommendation to those laid down by the law, which alone is competent to impose obligations on undertakings, failure to comply with which would be punishable by sanctions . However, where the audited undertaking has complied with all of these requirements, the AFA considers that it has provided sufficient evidence to determine that it is complying with its obligations. On the other hand, if the undertaking has not followed this method, or has followed it only in part, it must demonstrate the relevance, quality and effectiveness of the system for detecting and preventing corruption, by proving the validity of the method it has freely chosen and followed.

AFA (Agence française anticorruption) 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, pt 13.

See AFA, 4 July 2019, LawLex202200001320JBJ; 7 February 2020, LawLex202200001353JBJ.

AFA, 7 February 2020, LawLex202200001353JBJ, stressing in particular that the adoption of an action plan following risk mapping is not required by law, but only by the AFA's recommendations, and that its absence or inadequacy cannot be held against the audited undertaking.

Compliance

28. Three inseparable pillars

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

28. Three inseparable pillars

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise