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Full reference : Galland, M., Le contrôle par le Régulateur de l’effectivité des instruments de compliance mis en place par l’entreprise, in Frison-Roche, M.-A. (ed.), Les outils de la Compliance, serie "Régulations & Compliance", Journal of Regulation & Compliance and Dalloz, 2020, to be published.
Summary of the article (done by Marie-Anne Frison-Roche)
The author underlines the complexity of the measure of the effectivity of compliance tools because the measure of the risks cannot be mechanical, the exercise is a cost whose the advantage does not appear immediately, the essential is in the behaviors that the firm masters with difficulty while these are results that are evaluated, because Compliance tools must be effective and produce tangible results.
To do that, the regulator intervenes in Ex Ante in order to the applicable texts are understandable by the firm and in order to the tool is working. When a noncompliance occurs, the regulator must beyond the sanction build on this measure of ineffectiveness to lead operators to improve their systems. Thus, it is in terms of "Compliance effort" that the regulator's control works, especially through the observation of an "embodied exemplarity".