Preventing risks of corruption is an obligation

The Sapin 2 Law imposed on chairs/presidents, chief executive officers, general managers and managers of large companies or companies belonging to a group of a certain size the obligation to implement internal measures to prevent and detect acts of bribery and influence peddling in France or abroad.

As such, companies with at least 500 employees – or companies belonging to a corporate group, the parent company of which is based in France, that employs at least 500 employees – and that generates a turnover or a consolidated turnover in excess of 100 million euros are required to develop and maintain an anti-corruption program that includes a number of mandatory devices.

These companies may be subject to investigations by the French Anti-Corruption Agency. If they fail to comply with their obligations, the latter is empowered to impose a fine of up to 200,000 euros for natural persons and 1,000,000 million euros for legal entities.

Soulier Avocats assists all organizations subject to the provisions of the Sapin 2 Law in the development and implementation of a comprehensive program, including in the design and setting up of the following devices:

• risk mapping by business sector, by entity, by process or by geographical area,

• a code of conduct applicable to all company employees and to third-party employees wherever the company conducts operations, including abroad,

• an internal whistleblowing system for receiving reports from employees concerning conducts or situations that are contrary to the company’s code of conduct,

• procedures for assessing the situation of customers, leading suppliers and intermediaries,

• training for managers and staff members most exposed to risks of corruption and influence peddling,

• a set of disciplinary rules to punish any violation of the company’s code of conduct,

• an internal control monitoring and evaluation system of the measures implemented by the company.