Devoir De Vigilance: Reforming Corporate Risk Engagement
Devoir de Vigilance: Reforming Corporate Risk Engagement Copyright © Development International e.V., 2020 ISBN: 978-3-9820398-5-5 Authors: Juan Ignacio Ibañez, LL.M. Chris N. Bayer, PhD Jiahua Xu, PhD Anthony Cooper, J.D. Title: Devoir de Vigilance: Reforming Corporate Risk Engagement Date published: 9 June 2020 Funded by: iPoint-systems GmbH www.ipoint-systems.com 1 “Liberty consists of being able to do anything that does not harm another.” Article 4, Declaration of the Rights of the Man and of the Citizen of 1789, France 2 Executive Summary The objective of this systematic investigation is to gain a better understanding of how the 134 confirmed in-scope corporations are complying with – and implementing – France’s progressive Devoir de Vigilance law (LOI n° 2017-399 du 27 Mars 2017).1 We ask, in particular, what subject companies are doing to identify and mitigate social and environmental risk/impact factors in their operations, as well as for their subsidiaries, suppliers, and subcontractors. This investigation also aims to determine practical steps taken regarding the requirements of the law, i.e. how the corporations subject to the law are meeting these new requirements. Devoir de Vigilance is at the legislative forefront of the business and human rights movement. A few particular features of the law are worth highlighting. Notably, it: ● imposes a duty of vigilance (devoir de vigilance) which consists of a substantial standard of care and mandatory due diligence, as such distinct from a reporting requirement; ● sets a public reporting requirement for the vigilance plan and implementation report (compte rendu) on top of the substantial duty of vigilance; ● strengthens the accountability of parent companies for the actions of subsidiaries; ● encourages subject companies to develop their vigilance plan in association with stakeholders in society; ● imposes civil liability in case of non-compliance; ● allows stakeholders with a legitimate interest to seek injunctive relief in the case of a violation of the law.
[Show full text]