Accountability

  - ► Full Reference: M.-A. Frison-Roche (ed.), Compliance et Contrat (“Compliance and Contract”), “Régulations & Compliance” series, Journal of Regulation & Compliance (JoRC) and Editions Lefebvre-Dalloz, to be published. - 📘 At the same time, a book in English, Compliance & Contract, is published in the collection copublished by the Journal of Regulation & Compliance (JoRC) and the Editions Lefebvre-Bruylant. - 🧮the book follows the cycle of colloquia organised in 2026 by the Journal of Regulation & Compliance (JoRC) and its partner Universities - 📚this volume is one of a series of books devoted to Compliance in this collection. ► Read the presentations of the other books in the series: the following books: 🕴️L. Laref (ed.), 📕Compliance et vigilance bancaire, forthcoming 🕴️M.-A. Frison-Roche, 📕Le système juridique de l’adressage de l’Internet. Une structure multi-acteurs, gage de durabilité (The Legal System of Internet Addressing. A Multi-Stakeholder Structure, the Pledge of its Sustainability), forthcoming 🕴️M.-A. Frison-Roche (ed.), 📕Le système probatoire de la Compliance, forthcoming   the previous books: 🕴️M.-A. Frison-Roche (ed.), 📕L’Obligation de Compliance, 2025 🕴️M.-A. Frison-Roche and M. Boissavy (eds.), 📕Compliance et droits de la défense. Enquête interne – CJIP – CRPC, 2024 🕴️M.-A. Frison-Roche (ed.), 📕La juridictionnalisation de la Compliance, 2023 🕴️M.-A. Frison-Roche (ed.), 📕Les Buts Monumentaux de la Compliance, 2022 🕴️M.-A. Frison-Roche (ed.), 📕Les outils de la Compliance, 2021 🕴️M.-A. Frison-Roche (ed.), 📕Pour une Europe de la Compliance, 2019 🕴️N. Borga, J.-Cl. Marin and J.-Ch. Roda (eds.), 📕Compliance : l’entreprise, le régulateur et le juge, 2018 🕴️M.-A. Frison-Roche (ed.), 📕Régulation, Supervision, Compliance, 2017 🕴️M.-A. Frison-Roche (ed.), 📕Internet, espace d’interrégulation, 2016 📚see the global presentation of all the books of the collection. - ► General presentation of this book: The book, published in 2025 in the same series “Regulations & Compliance” series, demonstrates that the Obligation of Compliance—which falls upon crucial operators and those concerned with the future of systems and the present and future individuals involved in them—derives from laws and regulations, and is upheld by these operators themselves, regulators and judges. The role played by contracts is discussed therein. This book specifically examines the role that contracts play and will play in the conception, development and implementation of Compliance Law.   This aspect is underestimated because Compliance Law is often analysed through the prism of laws and regulations designed to achieve Monumental Goals set by states and public authorities, to the realisation of which systemic economic operations contribute through compliance tools, rather than through the actors themselves. When they do act, this is referred to outside the realm of Law, generally to Ethics. However, the Contract, the binding legal instrument par excellence, will play an increasingly significant role within global and interconnected compliance systems. In the European construction of Compliance Law, which places human beings at the heart of efforts to ensure the sustainability of systems, the Contract serves not only as the means by which the entity fulfils its legal obligations, forges relationships with stakeholders and implements the necessary innovations, but also as the means by which it exercises its autonomy to contribute to the realisation of the systemic ambitions in question.  To describe and anticipate the practice and rules that link Compliance Law and Contracts, the book first examines how this new branch of Law, insofar as it draws on the political ideas of the Social Contract, renews Contract Law by embedding it within the strategy of economic operators, a task made all the easier for them as they have built value chains through contracts. These are ‘regulatory contracts’. This demonstrates that Public Law Contracts exemplify the incorporation by General Contract Law of the overarching perspective of compliance, normatively anchored in the Monumental Goals (Title I). That explained, the book examines how General Contract Law interfaces with the techniques and objectives of Compliance Law. Whether through mandatory requirements, incentives or support, Compliance Law plays a role in contracts, helping to shape them in part, whether they relate to regulated or unregulated activities, with the points of contact with the principle of liberalism – and the limits to it – being determined by the courts. Conversely, however, General Contract Law contributes to Compliance Law and will do so increasingly. This applies equally to the stages of formation, execution, and sanctions, which may take the form of consolidations (Title II).  In practical terms, the Contract itself serves as a Compliance Tool. As such, the company may choose to outsource the compliance function, which it is free to do provided it remains accountable for its performance to the legislator and the persons concerned: this is the concept of the ‘Compliance Contract’, which appears as a specific contract.  Furthermore, compliance can be incorporated into multiple contracts—contractual arrangements through which the contracting parties establish one or more obligations that will facilitate or enhance their legal obligations. In doing so, legal entities exercise their freedom, as permitted by general law, and this is also recognised by the Regulator, Supervisor and/or Judge in light of the normative Monumental Goals of Compliance Law (Title III).  Precisely, a new field of ‘contractual compliance litigation’ is emerging. The primary topic here is to examine contractual judicial disputes in which an element of Compliance Law features in the proceedings. Indeed, a dispute concerning a claim for mandatory execution, termination or contractual liability may involve, in the claim itself or in an procedural exception or defence raised, an element of compliance law, ranging from an allegation of lack of jurisdiction to a request for the court to take into account a systemic teleological norm that the contract judge should consider. Secondly, in certain emerging systemic compliance litigation, because the role of the judge is transformed and the procedure must be adapted, the contract appears as a particularly suitable tool, either as a ‘procedural framework’ through the contractualisation of the whole, or as a technique used in the strict sense, its ex ante nature allowing, in disputes concerning the future, the development of new adequate techniques (Title IV).              - ► First presentation of the provisional Table of Contents  :  - PROVISIONAL TABLE OF CONTENTS   RENDRE COMPTE DES PRATIQUES CONTRACTUELLES DANS LE SYSTÈME DE COMPLIANCE ET ACCROÎTRE L’EFFICACITÉ ET L’HUMANISME DE CELUI-CI (REPORTING ON CONTRACTUAL PRACTICES WITHIN THE COMPLIANCE SYSTEM AND ENHANCING ITS EFFECTIVENESS AND HUMANITY)   ♦️ Compliance et Contrat : étrangers, puis ennemis, de fait et droit alliés dans une conception dynamique et de l’Obligation de Compliance (Compliance and Contract: strangers, then enemies, in fact and in law allies within a dynamic conception of the Compliance Obligation), by 🕴️Marie-Anne Frison-Roche   TITRE I. CONTRAT SOCIAL, DROIT DE LA COMPLIANCE ET STRATÉGIE DES OPÉRATEURS ÉCONOMIQUES (SOCIAL CONTRACT, COMPLIANCE LAW AND THE STRATEGY OF ECONOMIC OPERATORS)   CHAPITRE I : CONTRAT SOCIAL ET DROIT DE LA COMPLIANCE (SOCIAL CONTRACT AND COMPLIANCE LAW) Section 1 ♦️ Les Buts Monumentaux de la Compliance, guide d’action pour des opérateurs économiques au service d’une politique globale (The Monumental Goals of Compliance, a guide to action for economic operators serving a global policy), by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ sss, by 🕴️René Sève   CHAPITRE II : AMBITIONS POLITIQUES ET STRATÉGIES D’ENTREPRISE DANS L’ORGANISATION CONTRACTUELLE DES CHAÎNES DE VALEUR (POLITICAL AMBITIONS AND CORPORATE STRATEGIES IN THE CONTRACTUAL ORGANISATION OF VALUE CHAINS) Section 1 ♦️ sss Section 2 ♦️ sss, by   CHAPITRE III : LES CONTRATS PUBLICS, PARANGONS DE L’ACCUEIL DES AMBITIONS POLITIQUES DANS LES STRATÉGIES ET L’ALLIANCE DES INSTITUTIONS (PUBLIC CONTRACTS, PARAGONS OF THE INCORPORATION OF POLITICAL AMBITIONS INTO STRATEGIES AND OF THE ALLIANCE OF INSTITUTIONS) Section 1 ♦️ Les instruments contractuels facilitant l’insertion de l’obligation de compliance (Contractual instruments facilitating the insertion of the compliance obligation), by 🕴️Marion Ubaud-Bergeron Section 2 ♦️ Les obligations d’évaluation des tiers dans les contrats publics (Third-party assessment obligations in public contracts), by 🕴️Valentin Lamy Section 3 ♦️ L’exemplarité dans les contrats publics (Exemplarity in public contracts), by 🕴️Ugo Assouad and 🕴️Léon Boijout Section 4 ♦️ Le devoir de vigilance est-il soluble dans le droit des contrats administratifs ? (Is the duty of vigilance soluble in the law of administrative contracts?), by 🕴️Antoine Oumedjkane   TITRE II. LE DROIT COMMUN DES CONTRATS CONFRONTÉ AU DROIT DE LA COMPLIANCE (GENERAL CONTRACT LAW FACED WITH COMPLIANCE LAW)   CHAPITRE I : DISTINGUER LE CONTRACTUEL DE CE QUI S’EN RAPPROCHE DANS LE SYSTÈME DE COMPLIANCE (DISTINGUISHING WHAT IS CONTRACTUAL FROM WHAT RESEMBLES IT IN THE COMPLIANCE SYSTEM) Section 1 ♦️ Autonomie de la volonté, engagements et Compliance (Autonomy of will, commitments and Compliance), by 🕴️Marie-Anne Frison-Roche   CHAPITRE II : L’EMPRISE DU DROIT DE LA COMPLIANCE SUR LE DROIT COMMUN DES CONTRATS (THE HOLD OF COMPLIANCE LAW OVER GENERAL CONTRACT LAW) Section 1 ♦️ Les contrats de régulation engendrés par la compliance (Regulatory contracts generated by compliance), by 🕴️Jean-Baptiste Barbieri Section 2 ♦️ Les tiers aux contrats comprenant une dimension de compliance (Third parties to contracts that include a compliance dimension), by 🕴️Philippe Stoffel-Munck   CHAPITRE III : L’APPORT DU DROIT COMMUN DES CONTRATS AU DROIT DE LA COMPLIANCE (THE CONTRIBUTION OF GENERAL CONTRACT LAW TO COMPLIANCE LAW) Section 1 ♦️ La portée des contrats traduisant l’impératif de compliance (The scope of contracts expressing the compliance imperative), by 🕴️Laurent Aynès   TITRE III. CONTRAT DE COMPLIANCE, CLAUSES DE COMPLIANCE (COMPLIANCE CONTRACT, COMPLIANCE CLAUSES)   CHAPITRE I : LE « CONTRAT DE COMPLIANCE » (THE “COMPLIANCE CONTRACT”) Sous-chapitre 1 : L’ÉMERGENCE DU « CONTRAT DE COMPLIANCE » ET DU MARCHÉ DE LA COMPLIANCE (THE EMERGENCE OF THE “COMPLIANCE CONTRACT” AND OF THE COMPLIANCE MARKET) Section 1 ♦️ L’industrialisation et l’externalisation par le « contrat de compliance » d’une fonction essentielle par l’entreprise (The industrialisation and outsourcing by the company of an essential function through the “compliance contract”), by 🕴️Etienne Maclouf and 🕴️Bruno Deffains Section 2 ♦️ Définition juridique du « contrat de compliance » (Legal definition of the “compliance contract”), by 🕴️Marie-Anne Frison-Roche Sous-chapitre 2 : EXEMPLES DE « CONTRATS DE COMPLIANCE » (EXAMPLES OF “COMPLIANCE CONTRACTS”) Section 3 ♦️ Les contrats d’enquête interne (Internal investigation contracts), by 🕴️Dominique de la Garanderie Section 4 ♦️ Les contrats passés avec les structures d’audit (Contracts concluded with audit firms), by 🕴️Antoinette Gutierrez-Crespin Sous-chapitre 3 : LA RÉACTION PAR LE DROIT À L’INDUSTRIALISATION ET LA STANDARDISATION DU « CONTRAT DE COMPLIANCE » (THE LAW’S RESPONSE TO THE INDUSTRIALISATION AND STANDARDISATION OF THE “COMPLIANCE CONTRACT”) Section 5 ♦️ L’appréhension de la standardisation et l’industrialisation du « contrat de compliance » par le droit de la concurrence afin de réguler (How competition law grasps the standardisation and industrialisation of the “compliance contract” in order to regulate), by 🕴️Jean-Christophe Roda Section 6 ♦️ Les aspects internationaux du « contrat de compliance » (The international aspects of the “compliance contract”), by 🕴️Jean-Baptiste Racine   CHAPITRE II : LES CLAUSES DE COMPLIANCE (COMPLIANCE CLAUSES) Section 1 ♦️ Unicité et Diversité des clauses de Compliance (Uniqueness and Diversity of Compliance Clauses), by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ Utilité comparée des clauses de conformité et des clauses de Compliance (Compared usefulness of conformity clauses and Compliance clauses), by 🕴️Jean-Christophe Roda Sous-chapitre 1 : LES CLAUSES DE COMPLIANCE VISANT L’INFORMATION (COMPLIANCE CLAUSES CONCERNING INFORMATION) Section 3 ♦️ Les clauses de compliance relatives à la transmission de l’information (Compliance clauses relating to the transmission of information), by 🕴️Thibault Duchesne Section 4 ♦️ Les clauses de compliance relatives à la confidentialité et à la non-transmission d’information (Compliance clauses relating to confidentiality and the non-transmission of information), by 🕴️Jean-Christophe Roda Section 5 ♦️ Les clauses de compliance relatives à l’audit (Compliance clauses relating to audit), by 🕴️Marie-Anne Frison-Roche Sous-chapitre 2 : LES CLAUSES DE COMPLIANCE VISANT L’EXÉCUTION DU CONTRAT (COMPLIANCE CLAUSES CONCERNING THE PERFORMANCE OF THE CONTRACT) Section 6 ♦️ Les clauses de compliance relatives à l’évolution des circonstances (Compliance clauses relating to changes in circumstances), by 🕴️Julia Heinich Section 7 ♦️ Les clauses de compliance visant à obtenir des comportements adéquats (exemple des relations sociales) (Compliance clauses aimed at obtaining appropriate behaviour (the example of labour relations)), by 🕴️Joseph-Antoine Morin Section 8 ♦️ Les clauses de compliance visant à obtenir l’efficacité des plans de gestion des risques (Compliance clauses aimed at ensuring the effectiveness of risk management plans), by 🕴️Grégoire Leray Section 9 ♦️ Les clauses de robustesse (Robustness clauses), by 🕴️Ludovic Pailler Sous-chapitre 3 : LES CLAUSES DE COMPLIANCE VISANT LA PRÉVENTION ET LA GESTION ANTICIPÉE DES CONFLITS (COMPLIANCE CLAUSES CONCERNING THE PREVENTION AND ANTICIPATED MANAGEMENT OF DISPUTES) Section 10 ♦️ Les clauses de compliance relatives aux sanctions (Compliance clauses relating to sanctions), by 🕴️Laura Sautonie-Laguionie Section 11 ♦️ Les clauses de compliance relatives à la remédiation (Compliance clauses relating to remediation), by 🕴️Morgane Tirel Section 12 ♦️ Les clauses de compliance relatives à la procédure, à l’expertise et à la mise en état (Compliance clauses relating to procedure, expert evidence and pre-trial case management), by 🕴️Thibault Goujon-Béthan   TITRE IV. LE CONTENTIEUX CONTRACTUEL IMPLIQUANT LE DROIT DE LA COMPLIANCE (CONTRACTUAL LITIGATION INVOLVING COMPLIANCE LAW)   CHAPITRE I : CERNER LE CONTENTIEUX CONTRACTUEL IMPLIQUANT LA COMPLIANCE (IDENTIFYING CONTRACTUAL LITIGATION INVOLVING COMPLIANCE) Section 1 ♦️ L’émergence du contentieux contractuel impliquant la Compliance par la convergence des matières (The emergence of contractual litigation involving Compliance through the convergence of fields), by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ La singularité du contentieux contractuel impliquant la Compliance (The singularity of contractual litigation involving Compliance), by 🕴️Thibault Goujon-Bethan   CHAPITRE II : JUGES SAISIS ET JUGES NATURELS DU CONTENTIEUX CONTRACTUEL IMPLIQUANT LA COMPLIANCE (COURTS SEISED AND NATURAL JUDGES OF CONTRACTUAL LITIGATION INVOLVING COMPLIANCE) Section 1 ♦️ Juge de droit commun et juge spécialisé dans le contentieux contractuel impliquant la Compliance (Ordinary courts and specialised courts in contractual litigation involving Compliance), by 🕴️Romain Raine Section 2 ♦️ Du juge répressif au juge civil dans le contentieux contractuel impliquant la Compliance (From the criminal court to the civil court in contractual litigation involving Compliance), by 🕴️Alex Nicollet Section 3 ♦️ Le juge d’appui dans le contentieux contractuel impliquant la Compliance (The supporting judge in contractual litigation involving Compliance), by 🕴️Fabrice Vert Section 4 ♦️ L’arbitre dans le contentieux contractuel impliquant la Compliance (The arbitrator in contractual litigation involving Compliance), by 🕴️Cyril Nourissat   CHAPITRE III : LES PARTIES AU CONTENTIEUX CONTRACTUEL IMPLIQUANT LA COMPLIANCE (THE PARTIES TO CONTRACTUAL LITIGATION INVOLVING COMPLIANCE) Section 1 ♦️ Parties originaires et intervenantes, parties nécessaires, parties prenantes : qui sont les parties légitimes (Original and intervening parties, necessary parties, stakeholders: who are the legitimate parties), by 🕴️Liza Veyre   CHAPITRE IV : LE TRAITEMENT PROCÉDURAL DU CONTENTIEUX CONTRACTUEL IMPLIQUANT LA COMPLIANCE (THE PROCEDURAL HANDLING OF CONTRACTUAL LITIGATION INVOLVING COMPLIANCE) Section 1 ♦️ Le maniement du temps dans le contentieux contractuel impliquant la Compliance : de l’urgence au temps long (Handling time in contractual litigation involving Compliance: from urgency to the long term), by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ La contractualisation de la mise en état, outil naturel du contentieux contractuel impliquant la Compliance (Contractualising pre-trial case management, a natural tool of contractual litigation involving Compliance), by 🕴️Thibault Goujon-Bethan Section 3 ♦️ La contractualisation de la preuve dans le contentieux contractuel impliquant la Compliance (Contractualising evidence in contractual litigation involving Compliance), by 🕴️Nicolas Ida Section 4 ♦️ L’audience dans le contentieux contractuel impliquant la Compliance (The hearing in contractual litigation involving Compliance), by 🕴️Anaïs Danet   CHAPITRE V : LE JUGEMENT DU CONTENTIEUX CONTRACTUEL IMPLIQUANT LA COMPLIANCE (THE JUDGMENT IN CONTRACTUAL LITIGATION INVOLVING COMPLIANCE) Section 1 ♦️ Le jugement adéquat dans le contentieux contractuel impliquant la Compliance et son exécution efficace (The appropriate judgment in contractual litigation involving Compliance and its effective enforcement), by 🕴️Marie-Anne Frison-Roche and 🕴️Thibault Goujon-Bethan   ​ - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐subscribe to the VideoNews  MAFR Surplomb 🌐subscribe to the Newsletter MaFR Law & Art

► Full Reference: M.-A. Frison-Roche, "In Compliance Law, the legal consequences for Entreprises of their commitments and undertakingsn", in M.-A. Frison-Roche (ed.), Compliance Obligation, Journal of Regulation & Compliance (JoRC) and Bruylant, "Compliance & Regulation" Serie, 2026, forthcoming. - 📝read the article - 🚧read the bilingual Working Paper on the basis this article has been written, with more developments, technical references and hyperlinks - 📘read a general presentation of the book, Compliance Obligation, in which this article is published - ► Summary of this article: The innocents might believe, taking the Law and its words literally, that "commitments" are binding on those who make them. Shouldn't they be afraid of falling into the trap of the 'false friend', which is what the Law wants to protect them from (as stated in the prolegomena)? Indeed, the innocent persons think that those who make commitments ask what they must do and say what they will do. Yet, strangely enough, the 'commitments' that are so frequent and common in compliance behaviours are often considered by those who adopt them to have no binding value! Doubtless because they come under disciplines other than Law, such as the art of Management or Ethics. It is both very important and sometimes difficult to distinguish between these different Orders – Management, Moral Norms and Law – because they are intertwined, but because their respective standards do not have the same scope, it is important to untangle this tangle. This potentially creates a great deal of insecurity for companies (I). The legal certainty comes back when commitments take the form of contracts (II), which is becoming more common as companies contractualise their legal Compliance Obligations, thereby changing the nature of the resulting liability, with the contract retaining the imprint of the legal order or not having the same scope if this prerequisite is not present. But the contours and distinctions are not so uncontested. In fact, the qualification of unilateral undertaking of will is proposed to apprehend the various documents issued by the companies, with the consequences which are attached to that, in particular the transformation of the company into a 'debtor', which would change the position of the stakeholders with regard to it (III). It remains that the undertakings expressed by companies on so many important subjects cannot be ignored: they are facts (IV). It is as such that they must be legally considered. In this case, Civil Liability will have to deal with them if the company, in implementing what it says, what it writes and in the way it behaves, commits a fault or negligence that causes damage, not only the sole existence of an undertaking.  -   - 🌐Follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐Subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐Subscribe to the video newsletter MAFR Overhang 🌐Subscribe to the Newsletter MaFR Law & Art

► Full Reference: M.-A. Frison-Roche (ed.), Compliance Obligation, Journal of Regulation & Compliance (JoRC) and Bruylant, "Compliance & Regulation" Serie, 2026, to be published - 📕In parallel, a book in French L'Obligation de compliance, is published in the collection "Régulations & Compliance" co-published by the Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz.  - 📚This book is inserted in this series created by Marie-Anne Frison-Roche for developing Compliance Law.  read the presentations of the other books of this Compliance Series: further books: 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Evidential System, 2027 🕴️M.-A. Frison-Roche (ed.), 📘Compliance and Contract, 2027   previous books: ​🕴️M.-A. Frison-Roche (ed), 📘Compliance Juridictionnalisation, 2023 🕴️M.-A. Frison-Roche (ed), 📘Compliance Monumental Goals, 2022 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Tools, 2021 - ► go to the general presentation of this 📚Series ​Compliance & Regulation, conceived, founded et managed by Marie-Anne Frison-Roche, co-published par the Journal of Regulation & Compliance (JoRC) and Bruylant.  - 🧮the book follows the cycle of colloquia organised by the Journal of Regulation & Compliance (JoRC) and its Universities partners. - ► general presentation of the book: Compliance is sometimes presented as something that cannot be avoided, which is tantamount to seeing it as the legal obligation par excellence, Criminal Law being its most appropriate mode of expression. However, this is not so evident. Moreover, it is becoming difficult to find a unity to the set of compliance tools, encompassing what refers to a moral representation of the world, or even to the cultures specific to each company, Compliance Law only having to produce incentives or translate this ethical movement. The obligation of compliance is therefore difficult to define. This difficulty to define affecting the obligation of compliance reflects the uncertainty that still affects Compliance Law in which this obligation develops. Indeed, if we were to limit this branch of law to the obligation to "be conform" with the applicable regulations, the obligation would then be located more in these "regulations", the classical branches of Law which are Contract Law and Tort Law organising "Obligations" paradoxically remaining distant from it. In practice, however, it is on the one hand Liability actions that give life to legal requirements, while companies make themselves responsible through commitments, often unilateral, while contracts multiply, the articulation between legal requirements and corporate and contractual organisations ultimately creating a new way of "governing" not only companies but also what is external to them, so that the Monumental Goals, that Compliance Law substantially aims at, are achieved.  The various Compliance Tools illustrate this spectrum of the Compliance Obligation which varies in its intensity and takes many forms, either as an extension of the classic legal instruments, as in the field of information, or in a more novel way through specific instruments, such as whistleblowing or vigilance. The contract, in that it is by nature an Ex-Ante instrument and not very constrained by borders, can then appear as a natural instrument in the compliance system, as is the Judge who is the guarantor of the proper execution of Contract and Tort laws. The relationship between companies, stakeholders and political authorities is thus renewed. - 🏗️general construction of the book The book opens with a substantial Introduction, putting the different sort of obligations of compliance in legal categories for showing that companies must build structures of compliance (obligation of result) and act to contribute with states and stakeholders to reach Monumental Goals (obligation of means).  The first part is devoted to the definition of the Compliance Obligation.  The second part presents the articulation of Compliance obligation with the other branchs of Law, because the specific obligation is built by Compliance Law, as new substantial branch of Law but also by many other branchs of Law. The third part develops the pratical means established to obtained the Compliance Obligation to be effective, efficace and efficient. The fourth part takes the Obligation  of Vigilance as an illustration of all these considerations and the discussion about the future of this sparehead fo the Compliance Obligation .  The fifth part refers to the place and the role of the judges, natural characters for any obligation.  - TABLE OF CONTENTS    ANCHORING THE SO DIVERSE COMPLIANCE OBLIGATIONS IN THEIR NATURE, REGIMES AND FORCE TO BRING OUT THE VERY UNITY OF THE COMPLIANCE OBLIGATION, MAKING IT COMPREHENSIBLE AND PRACTICABLE    🔹 Compliance Obligation: building a compliance structure that produces credible results withe regard to the Monumentals Goals targeted by the Legislator, by 🕴️Marie-Anne Frison-Roche   TITLE I. IDENTIFYING THE COMPLIANCE OBLIGATION   CHAPTER I: NATURE OF THE COMPLIANCE OBLIGATION Section 1 🔹 Will, Heart and Calculation, the three marks surrounding the Compliance Obligation, by 🕴️Marie-Anne Frison-Roche Section 2 🔹 Debt, as the basis of the compliance obligation, by 🕴️Bruno Deffains Section 3 🔹 Compliance Obligation and Human Rights, by 🕴️Jean-Baptiste Racine Section 4 🔹 Compliance Obligation and changes in Sovereignty and Citizenship, by 🕴️René Sève Section 5 🔹 The definition of the Compliance Obligation in Cybersecurity, by 🕴️Michel Séjean   CHAPTER II: SPACES OF THE COMPLIANCE OBLIGATION Section 1 🔹 Industrial Entities and Compliance Obligation, by 🕴️Etienne Maclouf Section 2 🔹 Compliance, Value Chains and Service Economy, by 🕴️Lucien Rapp Section 3 🔹 Compliance and conflict of laws. International Law of Vigilance-Conformity, based on applications in Europe, by 🕴️Louis d'Avout    TITLE II. ARTICULATING THE COMPLIANCE OBLIGATION WITH OTHER BRANCHES OF LAW   Section 1 🔹 Tax Law and Compliance Obligation, by 🕴️Daniel Gutmann Section 2 🔹 General Procedural Law, prototype of the Compliance Obligation, by 🕴️Marie-Anne Frison-Roche Section 3 🔹 Corporate and Financial Markets Law facing the Compliance Obligation, by 🕴️Anne-Valérie Le Fur Section 4 🔹 Transformation of Governance and Vigilance Obligation, by 🕴️Véronique Magnier Section 5 🔹 The Relation between Tort Law and Compliance Obligation, by 🕴️Jean-Sébastien Borghetti Section 6 🔹 Environmental and Climate Compliance, by 🕴️Marta Torre-Schaub Section 7 🔹 Competition Law and Compliance Law, by 🕴️Jean-Christophe Roda Section 8 🔹 The Compliance Obligation in Global Law, by 🕴️Benoît Frydman & 🕴️Alice Briegleb Section 9 🔹 Environmental an Climatic Dimensions of the Compliance Obligation, by 🕴️Marta Torre-Schaub Section 10 🔹 Judge of Insolvency Law and Compliance Obligations, by 🕴️Jean-Baptiste Barbièri   TITLE III. COMPLIANCE: GIVE AND TAKE THE MEANS TO OBLIGE   CHAPTER I: COMPLIANCE OBLIGATION: THE CONVERGENCE OF SOURCES Section 1 🔹 Compliance Obligation upon Obligation works, by 🕴️Marie-Anne Frison-Roche Section 2 🔹 Conformity technologies to meet Compliance Law requirements. Some examples in Digital Law, by 🕴️Emmanuel Netter Section 3 🔹 Legal Constraint and Company Strategies in Compliance matters, by 🕴️Jean-Philippe Denis & 🕴️Nathalie Fabbe-Coste Section 4 🔹 Opposition and convergence of American and European legal systems in Compliance Rules and Systems, by 🕴️Raphaël Gauvain & 🕴️Blanche Balian Section 5 🔹 In Compliance Law, the legal consequences for Entreprises of their Commitments and Undertakings, by 🕴️Marie-Anne Frison-Roche   CHAPTER II: INTERNATIONAL ARBITRATION IN SUPPORT OF THE COMPLIANCE OBLIGATION Section 1 🔹 How International Arbitration can reinforce the Compliance Obligation, by  🕴️Laurent Aynès Section 2 🔹 Arbitration consideration of Compliance Obligation for a Sustainable Arbitration Place, by 🕴️Marie-Anne Frison-Roche Section 3 🔹 The Arbitral Tribunal's Award in Kind, in support of the Compliance Obligation, by 🕴️Eduardo Silva Romero Section 4 🔹 The use of International Arbitration to reinforce the Compliance Obligation: the example of the construction sector, by 🕴️Christophe Lapp  Section 5 🔹 The Arbitrator, Judge, Supervisor, Support, by 🕴️Jean-Baptiste Racine   TITLE IV. VIGILANCE, SPEARHEAD OF THE COMPLIANCE OBLIGATION Section 1 🔹 Vigilance Obligation, Spearheard and Total Share of the Compliance Obligation, by 🕴️Marie-Anne Frison-Roche   CHAPTER I: INTENSITIES OF THE VIGILANCE OBLIGATION, SPEARHEAD OF THE COMPLIANCE SYSTEM Section 2 🔹 Intensity of the Vigilance Obligation by Sectors: the case of Financial Operators, by 🕴️Anne-Claire Rouaud Section 3 🔹 Intensity of the Vigilance Obligation by Sectors: the case of Digital Operators, by 🕴️Grégoire Loiseau Section 4 🔹 Intensity of the Vigilance Obligation by Sectors: the case of Energy Operators, by 🕴️Marie Lamoureux   CHAPTER II: GENERAL EVOLUTION OF THE VIGILANCE OBLIGATION Section 1 🔹 Rethinking the Concept of Civil Liability in the light of the Duty of Vigilance, Spearhead of Compliance, by 🕴️Mustapha Mekki Section 2 🔹 Contracts and clauses, implementation and modalities of the Vigilance Obligation, by 🕴️Gilles J. Martin Section 3 🔹 Proof that Vigilance has been properly carried out with regard to the Compliance Evidence System, by 🕴️Jean-Christophe Roda Section 4 🔹 Compliance, Vigilance and Civil Liability: put in order and keep the Reason, by 🕴️Marie-Anne Frison-Roche   Title V. THE JUDGE AND THE COMPLIANCE OBLIGATION Section 1 🔹 Present and Future Challenges of Articulating Principles of Civil and Commercial Procedure with the Logic of Compliance, by 🕴️Thibault Goujon-Bethan Section 2 🔹 The Judge required for an Effective Compliance Obligation, by 🕴️Marie-Anne Frison-Roche - CONCLUSION THE COMPLIANCE OBLIGATION: A BURDEN BORNE BY SYSTEMIC COMPANIES GIVING LIFE TO COMPLIANCE LAW   (conclusion and key points of the books, free access) - 🌐Follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐Subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐Subscribe to the video newsletter MAFR Overhang 🌐Subscribe to the Newsletter MaFR Law & Art

► Full reference : M.-A. Frison-Roche, "De l'obligation de compliance à l'obligation de vigilance : le rôle du juge (From the obligation of compliance to the obligation of vigilance: the role of the judge)", in Round table De la compliance au devoir de vigilance. Une nouvelle responsabilité des entreprises (From Compliance to the Vigilance duty. A new responsibility for businesses," Lettre des juristes d'affaires, Oct. 2025. - 📝read the article reproducing the entire discussion (in French) - ► Summary of my contribution:  In this debate, the terms of which have been reproduced in the journal, I was asked to explain how the legal system had evolved, first by establishing Compliance Law, built on systemic ambitions to prevent sectoral disasters (banking, finance, energy), ambitions that constitute "Monumental Negative Goals", and then evolving on the one hand "Monumental Positive Goals", namely the protection of human beings involved willingly or unwillingly in these systems, on the other hand, outside even sectors with clearly defined boundaries, such as environmental or digital ambitions. The duty of vigilance extends this regulatory law and gives concrete form to the "compliance obligation" to which companies are subject. It is important to maintain a sense of proportion in the conception of the responsibility attached to it so as not to lose everything. Companies are bound by the goals but must remain free in their choice of means, and in particular be encouraged to use contractual techniques. This measure is entrusted to the judge because, due to the Compliance Jurisdictionalisation, it is at the heart of this new branch of Law, which is developing independently of fluctuations in the regulations. During the discussion, I was asked for my opinion on the ruling handed down by the Paris Court of Appeal on 17 June 2025, known as La Poste case. I pointed out that the comments had often focused only on the developments regarding risk mapping, whereas this ruling first establishes the principle that the vigilance plan is the work of the company's decision-making bodies and is not co-constructed, as consultation is a process of discussion and taking in consideration, which is not the same thing, with the judge himself pointing out that they must not interfere in management. In the discussion, I emphasised that if we were to highlight the essence of what would be a "new responsibility", it would primarily concern a new probative dimension that the company must implement in Ex Ante. The implementation of the CSRD, even if it has been excessively standardised, is in line with this, and this probative culture must be developed. - ⛏️Further reading on the subject : 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Obligation, 2026 🕴️M.-A. Frison-Roche, 📝Vigilance, the front line and integral part of the compliance obligation, 2025 🕴️M.-A. Frison-Roche, 📝Compliance, Vigilance and Civil Liability: put in Order and keep the sense of Reason, 2025 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Jurisdictionalisation, 2024 -   -   - ► Article summary : The  - 🌐Follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐Subscribe to the Newsletter MAFR Regulation, Compliance, Law 🌐Subscribe to the video newsletter MAFR Overhang 🌐Subscribe to the Newsletter MaFR Law & Art

► Full Reference: P. Bonis & M.-A. Frison-Roche, "Réguler le numérique, ou Sisyphe heureux" (Regulating Digital, or a happy Sisyphus), in P. Bonis & L. Castex (dir.), Compliance et Nouvelles Régulations, Les Annales des Mines, series "Enjeux numériques, June 2025, pp. 5-7. - 📝read the article (in French) - 📗read the table of content of this special issue of Enjeux numérique, Régulation et Compliance (in French), in which this introductory article is published. - ► English Summary of this article: This introduction to the collective publication on Regulation and Compliance, which aims to bring order to the Digital space, takes up the idea expressed by Camus when he referred to 'happy' Sisyphus, and expresses the idea that Regulation and Compliance are applied to this area with difficulty, relentlessness and failure, with texts constantly being adopted, modified and amplified on all sides, while the Digital Space is constantly changing, and the slope is constantly being climbed again. But this should not be seen as a failure, not even a flaw, because it is in the nature of digital regulation to always place the regulatory apparatus on our shoulders. This weight is shared by all, by the Authorities of all countries, because there is something common to all and also because there is something specific for each, because the techniques differ and because the visions of the world that the Politicians print in the texts and project in the Digital will always differ. This weight is also shared by companies, which internalise the rules through Compliance mechanisms, making them necessary agents for the efficiency and sustainability of the digital system, but also players in it, in articulation with Internet users in a permanent and unstable articulation with the local to the finest and this global that the Internet has invented. This presentation opens the series of contributions to the collective publication Régulation et Compliance, which makes up this special issue of Enjeux numériques in Annales des Mines. - 🌐read also the English presentation of:🕴️Marie-Anne Frison-Roche, 📝Le Droit de la compliance, voie royale pour réguler l'espace numérique (Compliance Law as a Royal Road for regulating the Digital Space) - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐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, "Comment s’adapter au Contentieux Émergent de la Compliance" ("How to adapt to Emerging Compliance Litigation"), in , Association nationale des juristes de banque (ANJB), September 19, 2024, Paris, - This conference is being held with another speaker, Maître Jean-Pierre Picca. It is followed by a discussion with the audience. - 🧮see the full programme of this manifestation - ► English Summary of this conference: Compliance Law is a new branch of Law, teleological in nature, whose legal normativity is rooted in its goals.These are systemic goals of preserving systems by detecting the risks that weaken them and preventing the failures that can destroy them. It is therefore an Ex Ante branch of Law, the implementation of which will weigh on the "entities" in a position to detect risks and prevent failures so that these systemic goals are achieved.  As such, they are "Monumental Goals" in that they are political goals aimed at complete systems. It is therefore essential to distinguish between "conformity Law", which simply consists of "complying" with the applicable regulations, and Compliance Law, which consists of contributing to the achievement of these "Monumental Goals", either by force (legal obligation) or by choice (raison d'être, company with mission, contractual obligation, CSR). In this respect, Compliance Law is both much more limited in its aims and much more ambitious, since it is about building the future rather than mechanically complying with regulations. The banking sector, which can be considered an exception to the principle of Competition, which is based on extreme mobility and the absence of rents, the destruction of the weakest, risk-taking, the lack of solidity of the operator posing no problem, appears to be the paragon of the principle of Compliance, which is based on the sustainability of systems ensured by the solidity of the operators themselves, their solidarity, the exchange of information, and integrated supervisors. For example, the duty of vigilance and the information about others, and the Regulation through Supervision were born in this sector, which has internalised this sectoral concern in the banks, itself the bearer of a general concern, particularly in the European conception of continental banking. the European Banking Union  increasing this concern. As a result, banks will internalise concerns about the future that go beyond safeguarding the banking sector, such as preventing systemic climate risk or educating the population or safeguarding people in vulnerable situations. - The litigation that shall ensue is itself highly specific. The topic of this conference is to provide the keys to understanding how banks must play their part. Emerging Compliance Litigation is systemic in nature. It is a reflection of the Ex Ante organisation whereby entities are asked to make a contribution to the achievement of Monumental Goals. In a dispute between two opposing parties, an individual or an NGO or a trade union or a municipality or a State and a bank, a conflict arises between what might be called the party claiming to represent the present and future interests of a system, for example the climate system or the social relations system, and the bank which has a legally imposed "compliance obligation" to help protect this system. The author who described this perfectly was Chaïm Perelman, particularly in his 1978 book, Logique juridique, which describes audience circles. We need to understand the systemic construction of the judicial instance. The bank must not let to be confined itself solely to its role as litigant, while the other party, for example an NGO, in its role as guardian of "civil society" or the "climate system" or the "effective equality between human beings", going beyond this first circle between the litigants and brings the system itself into the proceedings.  This is where the adaptation has to take place.  - This adaptation is procedural, evidentiary and substantive. The procedural adaptation must take place even before any litigation, since there is a continuum between Ex Ante and Ex Post, with the Judicial System itself being just one accountability method (rendering of accounts) among others. This accountability takes place in relation to a ‘mission’ that is entrusted to the banks in relation to the goals: prevention, detection and the fight against corruption, money laundering, climate change, etc., by building alliances, making good use of information (knowing how to take it, knowing how not to pass it on, knowing how to pass it on). The procedure, i.e. the way in which something is done, must reflect a substantial element, in that it engenders a ‘sense of responsibility’: the purpose of Compliance Law is to ‘make powers accountable’ and to build on positions of power. The proper procedure is to make ‘good use of one's power’ for the benefit of others. Techniques for ‘taking others into consideration’ are an essential element. Consideration by the person who agrees to exercise power (the power to finance, the power to gather information, the power to organise together, the power to contract). Evidentiary’ adaptation: indifference of evidentiary obligations and rights to the procedural position of the parties. The firm has a ‘Compliance Obligation’ even if it is the defendant in the proceedings. The object of proof is given to it by the Monumental Goals that the Law or its own will require it to help achieve. Its burden is to show that it is helping to achieve these goals, by acting for the future (for example, by knowing its customers, or by taking into account the interests of its stakeholders, etc.). - ► Structure of the speech:  I. The current situation: suffering the harmful consequences of reducing Compliance Law to the mechanics of "conformity". II. The opportunity for banks to adapt by understanding Compliance Law and going beyond the mechanics of conformity: the European puzzle, its apparent complexity, its architectural clarity (CSRD/CS3D/DSA). III. The opportunity for banks not to allow themselves to be trapped in proceedings that are merely sanctions, transferred from Ex Post to Ex Ante: the emergence of Systemic Compliance Litigations before the Ordinary Law Courts (French Law of 2017 on Vigilance; Paris Court of appeal decisions of 18 June 2024). IV. What is expected of banks in Systemic Compliance and Vigilance Litigations before the Ordinary Courts, reflecting the dialogue and action required by Compliance Law (article to be published).  V. The opportunity for banks to adapt to the new evidentiary dimension of emerging Compliance and Vigilance Litigation (article to be published). VI. The opportunity for banks to adapt to the new Ex Ante dimension of Systemic Compliance and Vigilance Litigation, Litigation which deals with the future (article to be published). - ► A few bibliographical references:    🕴️M.-A. Frison-Roche, 📝Compliance Law, 2016 🕴️M.-A. Frison-Roche, 📝Compliance and conformity: distinguish them in order to articulate them, 2024 🕴️M.-A. Frison-Roche, 📝Duty of Vigilance: the way forward, 2024 🕴️M.-A. Frison-Roche, 📝Systemic Litigation, 2024 - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law

► Full Reference: M.-A. Frison-Roche, Participation in the panel "Une Gouvernance responsable : vers un mieux vivre ensemble ?" ("Responsible governance: towards a better way of living together"), in Grenelle du Droit 5. L'avenir de la filière juridique, Association française des juristes d'entreprise ("The future of the legal profession"), AFJE), Cercle Montesquieu and Paris Panthéon-Sorbonne University, Campus Port-Royal Université Paris 1 Panthéon-Sorbonne, 1 rue de la Glacière, 75013 Paris, June 12, 2024 - 🧮See the full programme of this event (in French) - 🎥watch the interview made just after this round-table discussion (in French) - 🪑🪑🪑🪑🪑 will also be taking part in this round-table discussion: 🕴️Yves Garagnon, Chairman of Dilitrust, 🕴️Pierrick Le Goff, lawyer, partner at De Gaulle Fleurance, 🕴️Sabine Lochmann, Chairman of Ascend, 🕴️Vincent Vigneau, President of the Commercial, Economic and Financial Chamber of the Cour de cassation (French Judicial Supreme Court) - ► English presentation of my intervention in this event's opening plenary  round-table: In this plenary round table which opens the event, devoted to the theme of 'responsible corporate governance', for my interventions based on my work I will have the opportunity to address more particularly these different perspectives: How the new Compliance Law, which gives concrete expression to the responsibility of enterprises in a new relationship with States and with civil society, constitutes a 'legal revolution 💡for the record, mafr,📝Compliance Law, 2016 ; (ed.) 📘Compliance Monumental Goals, 2022   how the judgment handed down by the Tribunal judiciaire de Paris (Paris First Instance Civil Court) on 28 February 2023 (Total Ouganda case) is remarkable and already constitutes a turning point in case law 💡for the record, mafr, 🎤audition as amica curiae, hearing of 26 October 2022 before the first instance Paris Court; (ed)📘Compliance Jurisdictionalisation, 2024   how the relationship between States and enterprises is being renewed by this profound legal movement expressed by Compliance Law 💡for the record, mafr et M. Boissavy (ed.), 📕Compliance et droits de la défense – Enquêtes internes, CJIP, CRPC, mafr (dir.), 📘 Compliance Obligation, 2025   how internal lawyers have a decisive and central role to play in this movement, particularly in the mechanism of vigilance / corporate sustainability due diligence, the "cutting edge" of Compliance Law, 💡for the record, mafr, 📝Contract of Compliance, Compliance stipulations, 2023 ; (ed.), 📘Compliance and Contract, 2025   what is meant by the "Ex Ante responsibility" of enterprises, which does not necessarily entail their Ex Post liability, a distinction which lawyers are the guardians of 💡for the record, mafr, 📝La responsabilité Ex Ante, pilier du Droit de la Compliance ("Ex-Ante Responsability, Compliance Law Pillar"), 2021   how European Compliance Law is profoundly humanist, an identity that distinguishes European Compliance from American Compliance and, above all, from Chinese Compliance. 💡for the record, mafr (ed.), 📕Pour une Europe de la Compliance ("For the Europe of the Compliance"), 2017 - read the  article about this round table written by Delphine Bauer in Actu-Juridique (in French) - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law

► Full Reference: M.-A. Frison-Roche, "Compliance et Responsabilité civile : comprendre et raison garder" ("Compliance and Civil Liability: understanding and keeping our heads"), in Droit de la compliance (Compliance Law), École nationale de la magistrature – ENM (French National School for the Judiciary) in collaboration with the École de Formation professionnelle des Barreaux du ressort de la cour d'appel de Paris – EFB (Paris Bar School), Paris, February 1, 2024. - ► This conference is given in French. - 🧮see the full programme of this event (in French) - 🌐consult on LinkedIn a general presentation of this event, which links to a presentation of each speech (in French) - 🧱consult the scientific direction sheet of this event, which gives an account of the various speeches made - 🔲see the slides used to support the presentation (in French) - 📝This conference and the Working Paper on which it is based are to be linked with the article to be published in the book📘Compliance Obligation  - 🎤see a presentation of the conference "Droit de la Compliance : tour d'horizon" ("Compliance Law: overview"), given at the same symposium - ► Presentation of the conference : It is difficult, even artificial, to separate the presentation of the relationship between Compliance Law and Civil Liability from the consideration given in Compliance to Criminal Liability, sanctions and the whole contractual organisation. But, if only for reasons of time, this will be done. The chosen method consists of using decisions handed down either under Compliance Law, an emerging branch of Law of which an overview has been given before📎¹🕴️M.-A. Frison-Roche, 🎤Droit de la Compliance : tour d'horizon (Compliance Law: overview), 2024., or under Special Liability Laws, such as Company Law (but here too the field of analysis is huge), or under Ordinary Civil Liability Law. The latter is often the preferred approach. It always seems that civil liability and Compliance Law are both intimate and have a difficult relationship. To understand them, before embarking on crusades in one direction or another, it is technically necessary to look at the liabilities attached to the application of "compliance regulations" imposed on economic operators, who contractualise the resulting legal obligations and whose third parties may also rely on breaches on the grounds of civil liability. This is the first stage of the analysis. Much is made of the Vigilance technique. Even if this is the advances point of Compliance, we also need to look at the GDPR, the French co-called "Sapin 2" law, Anti-Corruption, etc. However, civil liability is not the same depending on whether the obligation, legal and/or contractual, in relation to which it arises as a cause of action, gives rise, depending on the case, the text and the person, to an obligation of means or an obligation of result. If there is one principle to bear in mind, particularly in the mind of the judge, it is that, unless a text or clause provides otherwise, an obligation is an obligation of means. This essential question raises the need to better define the "Compliance Obligation", which consists of prevention and detection, with the economic operator making his "best efforts" with regard to the monumental goals to which the various regulations (thus finding their unity) are normatively anchored. The Ex Ante evidential dimension thus comes to the fore. In the second part of the analysis, which continues to be based on court decisions, we need to measure the "points of contact" between these "special compliance responsibilities" and the Ordinary Law of Civil Liability. Indeed, because this is a profound movement that runs through the entire legal system, expressing a social demand that distinguishes Western law from the rest of the world, Ordinary Liability Law has long had a preventive dimension and targets operators in a different way, not only because of their power, but also because of their "mission". This is expressly stated in the case law, and these points of contact do not justify opposing the two branches. It would only be if Compliance Law were confused with its instrument, "conformity", and if new principles were invented in an Ordinary Law, that clashes could arise. In the third stage of the analysis, which can be applied to the principles at stake today, it should be remembered that while there is no general Compliance Obligation under Ordinary Law, which implies detecting and preventing for oneself and for others any breach of any applicable regulation likely to harm others, there is a principle of freedom, as the Conseil constitutionnel (French Constitutional Council) regularly reminds us. Unless we change the legal system so that people become nothing more than subjects who obey all regulations and let it be seen that they do so, with the judge's role being limited to punishing them for not doing so. Indeed, the principle of freedom remains the foundation both of the Ordinary Civil Liability Law (and not of repression, as in Chinese Law) and of the Special Law of Compliance (and not of conformity, as in Chinese law). In conclusion, it appears that the evolution of Civil Liability, in particular due to the spirit of a Compliance Law that is articulated with it, is leading to a twofold movement: from Ex Post liability to Ex Ante responsibility📎²🕴️M.-A. Frison-Roche, 🚧Ex Ante Responsibility, 2022 ; 🕴️M.-A. Frison-Roche, 📝La responsabilité ex ante, pilier du droit de la compliance (Ex Ante Responsibility, pillar of Compliance Law), 2022, and from Liability to Accountability. To accompany this movement, alliances are being forged and must be fostered, which brings Compliance Law face to face with Competition Law, alliances often forged by contract and for which the role of the judge is being renewed, particularly through mediation techniques. - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law

🌐 follow Marie-Anne Frison-Roche on LinkedIn 🌐 subscribe to the Newsletter MAFR Regulation, Compliance, Law  - ► Full Reference: M.-A. Frison-Roche, "Pour un consommateur "vigilant" : l'éduquer. Analyse juridique" ("For a "vigilant" consumer: educate him. Legal analysis"), Newsletter MAFR – Law, Compliance, Regulation, 18 April 2023. - 📧Read by freely subscribing other news of the Newsletter MAFR – Law, Compliance, Regulation - 🔴For an efficient Compliance Law: an Ex Ante responsibility in alliance with consumer expectations  A survey confirms that consumers integrate the monumental goals that generate compliance duties and obligations on the companies that sell them products. But this does not create a duty on them to prefer these products over others: they do not feel "responsible" for them. Compliance Law is based on ex ante responsibility and shared duty. So, faced with this attitude, what can the Law do? - 📧read the article ⤵️ 

🌐 follow Marie-Anne Frison-Roche on LinkedIn 🌐 subscribe to the Newsletter MAFR Regulation, Compliance, Law  - ► Full reference: M.-A. Frison-Roche, Thinking and using Vigilance through its Compliance Monumental Goals, Working Paper, March 2023. - 🎤 This Working Paper has been done as basis for the  introduction of the colloquia La société vigilante ("Vigilant Company") at the Aix-Marseille University on March 24, 2023 (conference given in French)  - 📝It is also the basis of the article that introduces a special issue on La société vigilante - ► Summary of the Working Paper: The concept of "Vigilance" is difficult to define. Probably because even as it is becoming a standard, it has just entered the legal systems. And what a splash it is! To understand it, it must not be isolated. Neither in the only French law attracting all the attention, all the fears, all the hopes, the so-called Loi Vigilance ("Vigilance Law"), nor in the only technical mechanisms that make Vigilance a reality. Vigilance is itself only a part of a deeper movement, of which it is the advanced point, allowing us to anticipate the evolution of the whole: Compliance Law. In this light and for not getting lost in it, because the stakes are so high that one quickly loses the measure of things, with each party lashing out at the others, so Vigilance, the key element of Compliance, requires above all alliances,  that we can first examine the entry of Vigilance into the legal system and then understand it through the Monumental Goals which give the measure of it, i.e. both the scope and the limit, each one having to act within the margins that are theirs, States, companies, stakeholders, and judges. A Will for tomorrow can then emerge today, carried by Europe. - 🔓read the Working Paper⤵️

► Full Reference: M.-A. Frison-Roche, "Contrat de compliance, clauses de compliance", Chronique of Compliance Law, D. 2022, pp. 2115-2117. - 📝reac the article (this article is written in French) - ► English summary of the article: Compliance Law is often seen only as an obligation to comply with regulations. Contract Law is masked by the study of texts and sanctions. Civil liability cases are beginning to highlight the commitments of companies, acts of will. It remains to discern the importance of contracts. First, there is a specific contract: the "compliance contract". Its purpose is to provide a third party with a service, the means for the company to "comply" with the legal systems requirements ("contract of conformity"), and/or to enable the company to achieve the monumental goals that characterize Compliance Law (contract of compliance). The interpretation and the regime of these compliance contracts must be marked by the Compliance Law that permeates it. Secondly, there are a multitude of stipulations aimed at conformity and Compliance. - 🚧read the working paper written in English: Compliance contract, Compliance stipulations - 📚read the other articles published in this chronique of Compliance Law published in the Recueil Dalloz. - 🌐 follow Marie-Anne Frison-Roche sur LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe  to the Newsletter MAFR Regulation, Compliance, Law 

► Full Reference: Meziani, L., Ch., Proportionality in Compliance, the guarantee of public order in companies, in Frison-Roche, M.-A. (ed.), Compliance Monumental Goals, series "Régulations & Compliance", Journal of Regulation & Compliance (JoRC) and Bruylant, to be published. - ► Article Summary (done by the Journal of Regulation & Compliance):  The author emphasizes the part that companies take not only in the application of Compliance mechanisms but also in their establishment, as soon as Proportionality, a mechanism that guarantees public order, is respected. It emphasizes the link between Compliance and Ethics, since the company is directly in charge of the people who work for it and in its name, the company being a way of social integration. The way in which the company organizes itself so that the people within it are treated fairly is a major factor in an effective Compliance culture. -     📘go to the general presentation of the book in which this article is published.   -    

🌐 follow Marie-Anne Frison-Roche on LinkedIn 🌐 subscribe to the Newsletter MAFR Regulation, Compliance, Law  - ► Full Reference: FM.-A. Frison-Roche, La responsabilité ex ante, pilier du droit de la compliance ("Ex-Ante Responsibility, Compliance Law Pillar"), D. 2022, chronique MAFR – Droit de la Compliance, Recueil Dalloz, March 31, 2022. - ► Article English Summary: The Law must help to face the future, which can be totally catastrophic in terms of climate and digital issues. Courts are s best placed for this, without “governing”, only relying on the commitments made by companies, governments, and legislators.  On the ordinary Tort Law, court decisions oblige these different entities to be consistent in the commitments they have made, obliging them to act in the future, formal “compliance” with the regulations cannot be sufficient. This ex-ante responsibility, founding the powers, thus constitutes a pillar of a substantial Compliance Law, showing the part that CSR and the companies with a raison d'être play in it. -   📝 read the article. (written in French) - 📚go to the presentation of the other articles published in this Chronique Droit de la Compliance made in the Recueil Dalloz.  -

► Full Reference: Frison-Roche, M.A.,, "Faire du Droit pour qu'à l'avenir le monde soit moins injuste" – à propos du projet de directive européenne sur le devoir de vigilance ("Making Compliance Law for a world less unfair in the future" – about the draft European directive on the corporate sustainability due diligence), interview with Olivia Dufour, Actu-Juridique,  March 24, 2022.  - 💬 read the interview (in French)  - ► Interview English Summary: This interview comments on the draft directive presented by the European Commission aimed at unifying European Union Law about Corporate Sustainability Due diligence in global supply chains to protect environnement and human rights effectively, putting companies under same legal rules. including non-European companies. The interview emphasizes that this text and reinforces Compliance Law perspective in that the legal instruments are Ex Ante, aim at the functioning of groups, constitute incentives, and seek effectiveness to prevent violations of human rights and the environment, 80% of which taking place outside the European Union. The goal is both ethical, for example to fight against child labor and the endangerment of people, and systemic: the promoting of a sustainable economy, through the help of companies which have some power in value chains which are global.  This future directive clearly shows the difference between simple "conformity" (just obeying all applicable regulations…) and "compliance", illustrated here: aiming to achieve "monumental goals", here fighting against attacks on the climate balance and protect people, to obtain in the future these damages do not occur or are reduced.  -