Legal skills

Compliance

Compliance—the requirement for a company to demonstrate that it is organized in a way that ensures all individuals under its authority act in accordance with applicable rules—is originally an American concept.

It allows a company to proactively show that its entire structure and all personnel comply with the relevant legal and regulatory framework. This proactive approach helps to avoid liability after the fact, embodying the principle summarized by the English maxim: “Comply or Explain.”

Derriennic Associates has developed recognized expertise in compliance across several key areas:

• Personal data protection
• Software licenses

This expertise has expanded further following the entry into force of key regulations and laws:

• March 2017: Duty of Care Act for enterprises
• June 2017: Transparency, Anti-Corruption, and Economic Modernization Act (Sapin 2)
• May 2018: General Data Protection Regulation (GDPR)
• July 2018: Anti-Gift Act
• December 2018: Declaration of Extra-Financial Performance (DPEF)

The firm now offers a comprehensive range of services to implement and monitor compliance programs, covering both advisory and litigation aspects.

Typical services include:

• Conducting audits, independently or with external technical consultants
• Drafting processing logs and data processing agreements
• Participating in risk mapping exercises
• Drafting codes of conduct, charters, and vigilance plans
• Validating ethical alert mechanisms
• Supervising adherence to personal data obligations in connection with anti-corruption measures and vigilance plans
• Assisting in the drafting and updating of internal compliance documents
• Supporting clients during inspections by the French Data Protection Authority (CNIL) and the French Anti-Corruption Agency (AFA)
• Advising clients in the event of sanctions

The firm is also an active member of the Cercle de la Compliance www.lecercledelacompliance.com,
where it organizes thematic workshops and delivers presentations at conferences.

Reference: Freson-Roche, Le Droit de la Compliance, Working Paper, 2016, http://mafr.fr/fr/article/le-droit-de-la-compliance/