Commitment

► 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, "Concevoir une Raison d'être et l'explicitre (Conceiving a Raison d'être and explaining it)", speech at the round table discussion "Dire sa Raison d'être (Expressing your Raison d'être)", National Conference of the Géomètres Expert (French Chartered Surveyors), 6 November 2025, Paris. - ► Presentation of the Round Table : This round table opens two days of work bringing together all the leaders, members of the Council of the Order of Chartered Surveyors and Regional Councils of Chartered Surveyors, in the presence of the relevant Ministry, in specific sessions during which the two Raison d'être that have been developed over several years of work and adopted, the Raison d'être of the profession and the Raison d'être of the Order, are presented. 🪑🪑🪑Other participants in the round table discussion, moderated by Hervé Grélard, General Deputy of the French Order of Chartered Surveyors: 🕴🏻Thomas Bonnel, chartered surveyor 🕴🏻Luc Lanoy, chartered surveyor, 🕴🏻Séverine Vernet, Chairwoman of the French Order of Chartered Surveyors - ► Summary of my presentation : Firstly, I spoke to remind everyone what a "raison d'être" is, in itself, and why it is particularly important when the entity that embodies it also constitutes a "profession", the raison d'être expressing this hybrid nature that is destined to endure in today's societies. It moves those who uphold the raison d'être – the professional, the profession, the umbrella organisation that is the Order – from the past to the future. To effectively carry this raison d'être, its bearer cannot remain isolated. Unlike the agent who operates in a market and whose strategy is solitary dynamism against others, the bearer of the raison d'être must find allies who share similar or compatible ideas and develop points of contact to carry out a collective project (the "Monumental Goals"). This is why it is just as important to communicate, explain and share the raison d'être with the outside world. Secondly, as the discussion surrounding the statement of purpose of the French Order of Surveyors and the profession progressed, I was led to point out that the raison d'être is not, or not only, ethical in nature, but also legal in nature, constituting at the very least a legal fact that can become enforceable against those who recognise themselves in it and claim it. This kind of reward, which is the "ex ante responsibility" expressed by the raison d'être and relayed by Compliance Law, anchored in its monumental goals of sustainability and responsibility, justifies that the profession that embraces its raison d'être is not simply an efficient profession in a supply and demand market, but establishes the Order as a regulator. This places both in the long term. - ⛏️Further reading on the subject: (with English Summaries) 🕴🏻M.-A. Frison-Roche, 💬"Géomètres-experts : une profession qui assume concrètement sa responsabilité territoriale", 2025 🕴🏻M.-A. Frison-Roche, 📝A quoi engagent les engagements, 2025 🕴🏻M.-A. Frison-Roche et 🕴🏻S. Vernet, 📝La profession investit le Droit de la compliance et détermine sa Raison d'être, 2023 🕴🏻M.-A. Frison-Roche, 📧Quels sont les points de contact entre la Raison d'être des entreprises et le Droit de la Compliance ?, 2022   - 🌐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, "À quoi engagent les engagements" (In Compliance Law, the legal consequences for Entreprises of their commitments and undertakings), in M.-A. Frison-Roche (dir.), L'Obligation de Compliance, Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, coll. "Régulations & Compliance", 2025, pp. 419-447. - 📝read the article (in French) - 🚧read the bilingual Working Paper on which this article is based, with additional developments, technical references and hyperlinks - 📕read the general presentation of the book, L'Obligation de Compliance, in which this article is published 📚see the general presentation of the series "Régulations & Compliance" in which this book is published - ► English 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 Surplomb 🌐subscribe to the Newsletter MaFR Droit & Art

► Full Reference: M.-A. Frison-Roche, In Compliance Law, the legal consequences for Entreprises of their commitments and undertakings, June 2024. - 📝 This Working Paper is the basis for the contribution "In Compliance Law, the legal consequences for Entreprises of their commitments and undertakings", in📘Compliance Obligation. - ► Summary of this Working Paper: 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.  - 🔓read the developments below ⤵️ - 🌐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

► Full Reference: Autorité de la concurrence (French Competition Authority), Décision relative à la prise de contrôle exclusif de la société McKesson Europe par le groupe Phoenix (Decision on the acquisition of sole control of McKesson Europe by the Phoenix Group), 30 September 2022, n° 22-DCC-186. - 🏛️read the decision (in French) -

🌐 follow Marie-Anne Frison-Roche on LinkedIn 🌐 subscribe to the Newsletter MAFR Regulation, Compliance, Law  - ► Full Reference: M.-A. Frison-Roche, Compliance contract, compliance clauses, working paper, September 2022. - ►Summary of this working paper:  Compliance Law has multiplied obligations. However, although Tort Law is emerging in Compliance issues and contracts are multiplying in practice, for the moment the relationship between Compliance Law and Contract Law is not very visible (I). However, there are contracts whose sole purpose is to give concrete form to Compliance, which creates a specific contract and must influence its implementation (II). Moreover, there is much to learn from the diversity of compliance stipulations scattered throughout a wide range of contracts (III). - 🔓read the developments below⤵️

► Full Reference: M.-A. Frison-Roche, "L'appui du Droit de la Compliance pour la maîtrise quotidienne du Droit de la concurrence" ("The support of Compliance Law for the daily mastery of Competition Law"), in C. Lemaire & F. Martucci (eds.), Liber Amicorum Laurence Idot. Concurrence et Europe, vol. I, pref. C. Lemaire & F. Martucci, foreword B. Lasserre, Concurrences, 2022, pp. 369-374 - ► English Summary of the article: Competition Law has become so huge and has included so many regulations and "regulatory" perspective that we end up giving up trying to grasp it as a whole, preferring to become a specialist in one of its parts.  That would be to lose sight of the simple and strong reason that unites the whole and gives it its breath: Freedom. Freedom experienced by the persons in their daily economic action, Freedom guarded by Competition Law, always returning to its principle: Free Competition. Therefore, the European Union places great emphasis on Competition. To make effective and to keep it in this state, “Competition Policy” is based on Competition Law, but if authorities and judges do not blame companies for their power, they do not rely on it. To do this, Competition Law must be supported by Compliance Law, which strongly encourages companies to act for the effectiveness and the promotion of competitive principles. Competition Law is thus slipping from the Ex-Post towards the Ex-Ante, the commitments of companies leading them to cease being passive, even punished, to become convinced actors and themselves pedagogues. Something to please a great Professor of Competition Law, to whom homage is paid here. - 📗read the Table of Contents of the book in which this article is published (in French) - 🚧read the bilingual Working Paper which is the basis of this article, with additional developments, technical references and hyperlinks - 📝read the article (in French) - 🌐follow Marie-Anne Frison-Roche sur LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law

Translated Summaries ENGLISH Two and a half years after having been established by the LME, the French Competition Authority has uncontestably acquired its “place in the sun” amongst the competition authorities of other countries, as demonstrated by multiple indicators.   ITALIAN Articolo: L’Autorità garante della concorrenza tra “regolazione” e politica in materia di concorrenza Due anni e mezzo dopo l’instaurazione da parte del LME, l’Autorità francese garante della libera concorrenza ha trovato il suo posto tra le diverse autorità degli altri paesi, così come è stato dimostrato da diversi indicatori. SPANISH Artículo: La Autoridad de la competencia, entre “regulación” y política competitiva.   Después de dos años y medio de haber sido establecido por el LME, la Autoridad francesa de la competencia ha incontestablemente adquirido su “lugar bajo el sol” entre las autoridades de la competencia de otros países, como demostrado por varios indicadores. ………………… Other translations forthcoming.