📝Compliance, in 🕴️J.-Fr. Kerléo & 🕴️E. Lemaire (dir.), 📗Dictionnaire de l'éthique publique

🌐follow Marie-Anne Frison-Roche on LinkedIn

🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law

🌐subscribe to the Video Newsletter MAFR Surplomb

🌐subscribe to the Newsletter MaFR Droit & Art

____

► Full Reference:: M.-A. Frison-Roche, "Compliance", in J.-Fr. Kerléo & E. Lemaire (dir.), Dictionnaire de l'éthique publique, LexisNexis, 2025, pp. 

____

📗 read the general presentation of the Dictionary.

____

📝read the article (in French).

_____

► English Summary of the article defining what is Compliance: The article explains Compliance in 7 points.

Firstly, it states that Compliance oscillates between a weak and a strong definition. It can be defined weakly as the demonstration of obedience to all applicable regulations, or it can be defined strongly as active participation in the achievement of 'monumental' ambitions for the future of the social group. Positive legal rules and case law are increasingly revealing the relevance of the strong definition, with the weak definition referring only to conformity to the Law.

Secondly, this understanding of the new branch of Law known as Compliance Law will enable us to master the regulations specifically relating to compliance (RGPD, French laws such as Sapin 2 Act and Vigilance Act, AML/FT, European AI Act, etc.), which are both more specific and more restrictive than the general obligation to comply with the applicable legal rules.

Thirdly, everyone can see the move from "extraterritoriality" to another thing which is the indifference to territoryd: Compliance is the right instrument for the digital space and for chains of activities.

Fourthly, this is due to the very nature of Compliance, which consists in internalising in companies in a position to be active the “Monumental Negative Goal” of preventing the collapse of systems (energy, climate, digital, banking, financial, algorithmic, etc.).

Fifthly, this internalisation is carried out by States and public authorities in entities in a position to act, i.e. in concrete terms in companies in a position to be active to reach the “Monumental Goals” by contributing to the improvement of systems so that these systems benefit in the present and the future the people who are de jure and de facto involved in them.

Sixthly, these goals become positive when it comes to educating people about probity and effective equality between human beings, notably through training policies. In this respect, Vigilance is the “cutting edge” of Compliance.

Seventhly, an “ex ante responsibility” of Crucial Operators subject to Compliance is emerging, and is articulated by Systemic Litigation which aims to balance and maintain systems, carried by States and these crucial companies.

____

📝read the preentation of the other article written by Marie-Anne Frison-Roche for this Dictionary: "Régulation"

________