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Sapin II

K&L Gates LLP

Sapin II: What Recommendations Should Be Followed From 2021 Onwards?

K&L Gates LLP on

The French Law n°2016-1691 of 9 December 2016 relating to transparency, the fight against corruption, and the modernization of economic life, known as the “Sapin II” Act,1 introduced to legal entities additional compliance...more

Society of Corporate Compliance and Ethics...

Compliance Perspectives: The French AFA on their Anti-Corruption Activities and Guidance ("Sapin 2 Law")

In 2016 France adopted a new law to help combat corruption. Inspired by legislation in the US, UK and Netherlands, Article 17 of what is known as Sapin II, includes provisions requiring organizations above a certain size to...more

Hogan Lovells

Beware: Anti-bribery audits are now key in M&A transactions

Hogan Lovells on

As compliance requirements continue to evolve in France, the guide offers focused, much-needed advice on three areas: audits as part of M&A, how and when to audit, and the outcomes. ...more

Hogan Lovells

Whistleblowing Schemes: New Guidelines Issued by the CNIL

Hogan Lovells on

The French Data Protection Authority (CNIL) published new Guidelines (French only) on December 10, 2019 applicable to whistleblowing schemes, following a public consultation process. The Guidelines replace the former Single...more

Kramer Levin Naftalis & Frankel LLP

A Comprehensive Whistleblower Protection for the EU

On April 23, Kramer Levin reported on the European Parliament’s approved proposal for the adoption of a whistleblower protection directive. On Oct. 7, the Directive on protection of persons reporting breaches of Union law...more

Skadden, Arps, Slate, Meagher & Flom LLP

Transatlantic Approach on Corporate Cooperation: How Newly Issued French and UK Guidance Compare to US Practices

As widely anticipated, French and U.K. regulators recently published guidance detailing their expectations for corporate cooperation in enforcement investigations. Both sets of guidance demonstrate further alignment of those...more

White & Case LLP

The French Anti-corruption Agency is Publishing Guidance on Corporate Gifts & Invitations Policies

White & Case LLP on

The French Anti-corruption Agency ("AFA") has published a draft "Guide on Gifts and Invitations Policies" ("Guide pratique sur les politiques cadeaux et invitations en entreprise") for corporations and non-profit...more

Kramer Levin Naftalis & Frankel LLP

The First PNF/AFA Common Guidelines

When Law No. 2016-1691 (Sapin II Law) created the convention judicaire d’intérêt public (CJIP), modeled after the American deferred prosecution agreement (DPA), it was feared that the existence of potentially dueling French...more

Jones Day

French Anticorruption Agency's Enforcement Committee Hands Down First-Ever Decision

Jones Day on

The Enforcement Committee of the French Anticorruption Agency ("FAA") handed down its first decision on July 4, 2019. The decision follows the Agency's three-month audit (October to December 2017) of the involved company's...more

Dechert LLP

Navigating French Internal Investigations and Self-Reporting - French Authorities Issue New Guidance

Dechert LLP on

France is off to a strong start enforcing Sapin II, its December 2016 anti-corruption legislation. Since the enactment of the statute, the lead French investigating and prosecuting agencies, the Parquet National Financier...more

White & Case LLP

Corporate-led internal investigations become a prerequisite to enter into a French DPA

White & Case LLP on

France is aligning itself with the US model of corporate prosecution - The new guidelines released by both the French Anticorruption Agency ("AFA") and the National Financial Prosecution Office ("PNF") on 27 June, 2019...more

Thomas Fox

The Circle of Compliance

Thomas Fox on

Starting from the conviction that the collaborative work between French professionals of the Compliance realm brings a new approach of the risk management, the association “Le Cercle de la Compliance” or “The Circle of the...more

Jones Day

French Anticorruption Agency Sets the Pace: New Anticorruption Compliance Guide Just Published

Jones Day on

The Situation: On February 4, 2019, the French Anticorruption Agency published its much-awaited practical guide for anticorruption compliance. The Result: Through this publication, the Agency gives key guidance to company...more

Bryan Cave Leighton Paisner

Implementing strong corporate compliance programs – necessity rather than nicety?

No matter the industry, maintaining effective corporate compliance programs has never been a more essential part of operations to address the legal risks that corporates face. This article, the third in a series about...more

Jones Day

France Takes Next Step in Anticorruption Enforcement: First "French DPAs" and What Companies Should Know

Jones Day on

The Situation: Anticorruption legislation passed by French lawmakers in 2016 authorizes the resolution of a corruption matter by means of a "convention judiciaire d'intérêt public" ("CJIP"), the French version of a deferred...more

Bryan Cave Leighton Paisner

Anti-Corruption Enforcement: Analyzing the Enforcement Approaches of the US, the UK and France

Anti-Corruption enforcement is a top priority in France, the UK, and the US. Each of these countries has armed its enforcers with the enforcement tools necessary to investigate and prosecute corporations and individuals. Join...more

Jones Day

French Anti-Corruption Agency Publishes Information Expected from Companies During Agency Inspections

Jones Day on

The Situation: The French Anti-Corruption Agency has published the questions and documentation that companies will be expected to answer and provide when inspected by the Agency. The Result: The French Anti-Corruption...more

White & Case LLP

French prosecutors reach first ever DPAs settling bribery charges

White & Case LLP on

In February 2018, the first Conventions Judiciaire d'Intérêt Public ("CJIPs") – or French Deferred Prosecution Agreements ("DPAs") – were entered into for corruption charges between the Public Prosecutor's Office of Nanterre...more

Michael Volkov

Sapin II and French Anti-Corruption Enforcement

Michael Volkov on

As more countries enter into the anti-corruption enforcement world, companies face exponential risks of detection and enforcement. Recently, Deputy Attorney General Rosenstein has commented on the need to avoid unfair...more

Skadden, Arps, Slate, Meagher & Flom LLP

Europe Insights

Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Sapin II Act: New Perspectives on Cross-Border Investigations

On November 30, 2017, the Institut des Hautes Etudes sur la Justice (IHEJ) and Skadden hosted a roundtable at the Cercle de l’Union Interalliée in Paris to discuss new perspectives on the Sapin II Act and cross-border...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Announces Its First Deferred Prosecution Agreement

In a move that could signal a new phase of government enforcement in France, on November 27, 2017, French authorities published a Convention judiciaire d’intérêt public (CJIP) with HSBC Private Bank Suisse SA (HSBC PB), the...more

Morgan Lewis

Sapin II Law: The New French Anticorruption System| La Loi Sapin II: Le nouveau dispositif français anti-corruption

Morgan Lewis on

The new system strengthens the French anticorruption arsenal from this year, drawing upon the US and UK regimes....more

Jones Day

Blockchain Distributed Ledger Technology Approved for Nonlisted French Securities

Jones Day on

The Situation: French authorities intend to amend securities laws to permit the use of blockchain technology. In March 2017, the French Treasury launched public consultation relating to the use of such technology and its...more

White & Case LLP

Alternatives to prosecution in an age of global enforcement - Global alternatives to prosecution when a corporate is facing a...

White & Case LLP on

Businesses are increasingly becoming global, and so are enforcement actions in response to alleged corporate wrongdoing around the world. The harsh reality is that wherever there is potential corporate criminal wrongdoing,...more

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