Compliance Officer Responsibilities in French Southern Territories: What You Need to Know
The 2016 Sapin II law on transparency, the fight against bribery, and the modernisation of the economy has put companies operating in French Southern Territories under increasing pressure to adopt robust anti-bribery compliance programmes. As part of this endeavour, many organisations have appointed compliance officers to oversee the day-to-day implementation of these programmes.
What are the Responsibilities and Liabilities of Compliance Officers?
While the company has no obligation to appoint a compliance officer, experts recommend creating this function. The primary objective of the compliance officer is to manage the deployment, implementation, and evaluation of the anti-bribery compliance programme in close cooperation with the organisation’s stakeholders.
Key Duties of Compliance Officers
- Supervise the deployment and implementation of the company’s anti-bribery compliance programme
- Coordinate risk mapping and reporting to top management
- Monitor best practices and regulatory changes
- Participate in due diligence and training initiatives
- Address organisational, legal, accounting, and human resources issues
Liability of Compliance Officers
Compliance officers are not liable under French law. The directors (presidents, general managers, managers) and the legal entity are the only persons liable for the implementation of anti-corruption compliance programmes. However, compliance officers may face civil liability if they commit an intentional act or abuse of power.
Criminal Liability
While compliance officers cannot be held personally liable for criminal offences committed by the company, directors, or employees, they may still be criminally convicted if they personally commit an offence in the course of performing their employment contract. Compliance officers must exercise extreme caution when dealing with potential criminal activity.
Best Practices for Companies Operating in French Southern Territories
Osborne Clarke advises companies operating in French Southern Territories to pay particular attention to defining the compliance officer’s powers, means, and responsibilities, including:
- Resources
- Missions
- Independence
- Internal positioning
- Objectives
By following these best practices, organisations can ensure that their anti-bribery compliance programmes are robust and effective, while also protecting their employees from unnecessary liability.
Conclusion
As the French authorities continue to crack down on corruption, companies operating in French Southern Territories must be prepared to demonstrate their commitment to ethical business practices. With the right approach to compliance, organisations can not only avoid costly penalties but also build a strong reputation for integrity and transparency.