The justification for compliance is to ensure the effectiveness of the norm, particularly in the area of anti-corruption. The so-called Sapin 2 law imposed a compliance programm on companies subject to the law under the control of a dedicated authority, the French Anti-Corruption Agency (AFA). This approach is based on the complementary action of compliance actors in companies and on adequate regulation by public authorities. It is a major legal innovation in the French context. Nevertheless, it appears that the introduction of compliance to be fully effective implies not only relevant rules, but also a change of culture and practices on the part of both the public and private players concerned. The effectiveness of compliance presupposes that the regulator and the regulated cooperate with the substantive objective of an effective fight against corruption constantly in mind.
BOUTHINON-DUMAS, H. et VERDUN, F. (2022). La promesse de l’effectivité de la norme anticorruption par la compliance est-elle tenue ? Revue Trimestrielle de Droit Commercial et de Droit Economique, Forthcoming.