By Blandine CORDIER-PALASSE and Catherine DELHAYE, Medef
French preference for compliance, ethics and a gentle, educational approach. This contrasts with the American or even Anglo-Saxon preference for compliance, which is perceived as more systematic, compulsory and imposed. Opposition between compliance officers and ethics or legal directors. A battle between the old and the new, the distinction between Compliance and Conformité is the subject of much debate. But is this distinction still relevant today? Blandine Cordier-Palasse, founder of the recruitment firm BCP Executive Search, takes a closer look. Another analysis by Catherine Delhaye, Chief Ethics & Compliance Officer at Valeo.
- Let's look at the Perben law. It requires the implementation of means of control and the effective exercise of responsibilities through delegations.
- Let's take a look at the recent recommendations of the French Competition Authority. It clearly calls for a compliance programme to be put in place, together with a warning system.
- Finally, let's not forget regulatory compliance. It is organised by legislation and imposed on banks, pharmaceutical laboratories and other highly regulated activities. We will quickly agree that compliance is already part of our legal environment.
What's more, no one is supposed to ignore the law, Are business ethics and good intentions enough to guarantee results? Doesn't the objective of complying with the law require the mobilisation of the resources and means that characterise compliance programmes?
- Commitment declared, affirmed, hammered Management of the company in the fight against corruption, money laundering, free competition, the safety of employees or users, depending on the company, the product and the region.
- Rules to employees, setting out the company's position and management's expectations in relation to specific risks.
- Procedures to complement the rules so that staff know how to implement them.
- ToolsA range of tools, manuals, definitions and examples to help you understand the rules.
- Training and awareness-raising the risk concerned, its consequences for the company, the rules and procedures. So that all staff understand what is at stake and the measures put in place to reduce risks
- Controls and audits to ensure that these rules are effectively implemented. But also to ensure that they are assimilated and taken on board by management and teams.
And above all a unwavering determination and real resources serving programmes that are firmly rooted in the company1.
All these measures are ultimately dictated by common sense and the programme of those who recognise the complexity of the law in general, and the difficulty, if not impossibility, for entire teams to master all the laws of a country applicable to the company. All the more so when the company is a multinational operating abroad, especially in countries with unstable legal systems.
So why hesitate? especially as the UK Bribery Act requires the implementation of a compliance scheme and the US Department of Justice issued recommendations on 14 November 2012. Specifically confirming the importance it attaches to the quality and reality of compliance programmes in determining prosecutions and penalties in cases of bribery of foreign public officials. And finally, France has just been singled out for its laxness in the fight against international corruption, which augurs well for greater activism on the part of the French authorities in this area.2.
Why question the merits of a method that does not guarantee zero risk, but will demonstrate that the company is ethical in its code and declarations as well as in its practice: in other words, corruption and anti-competitive practices are not part of its modus operandi, but if they are, they are the work of ill-intentioned individuals like those who exist everywhere?
The company reflects nothing other than society and, like society, it must discipline itself. Ethics form the foundations of clean and sustainable business conduct. Compliance is the armed wing of this. It is a system that can be duplicated over and over again. It makes it possible to engage all of the company's vital forces in the service of its performance and long-term survival.
(1) Lamy éditions, reference to the book sponsored by the Cercle
(2) In February 2013, the Cercle is organising a major conference bringing together the various professionals involved in the fight against corruption, including judges, lawyers, compliance officers, government representatives and the OECD, to discuss the challenges and constraints of the fight against corruption and bring together different points of view.
Blandine Cordier-Palasse* and Catherine Dehlaye**: The Compliance Circle
The Cercle De la Compliance aims to promote, publish, advise, train and raise awareness among stakeholders. There are also leaders from the economic, political and media worlds in the field of corporate social responsibility (CSR) or compliance. In particular, there are those with a cross-functional/operational approach.
* Blandine Cordier-Palasse was a lawyer and then legal director and secretary to the board of listed groups for 20 years. She set up this firm specialising in legal recruitment, compliance and directors.
** Catherine Delhaye is Chief Ethics & Compliance Officer of Valeo. She was previously Deputy General Counsel and Regulatory Ethics and Compliance Global Lead at Accenture.
Find out more : https://www.lecercledelacompliance.com/
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