Direction of the « Compliance & Regulation » series, JoRC and Bruylant

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🏗️ copublishing and direction of the collection: 📘Compliance & Regulation

📚Forthcoming: 🕴️M.-A. Frison-Roche, 📘The Legal System of Internet Addressing. A Multi-Stakeholder Structure, the Pledge of its Sustainability

► Full reference: M.-A. Frison-Roche, The Legal System of Internet Addressing. A Multi-Stakeholder Structure, the Pledge of its Sustainability, Journal of Regulation & Compliance (JoRC) and Lefebvre-Bruylant, “Compliance & Regulation” series, forthcoming. - 📕 This book is published in English. It is also published in French, in the “Régulations & Compliance” series: 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), Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, forthcoming. - ► Read the presentations of the other books in the “Compliance & Regulation” series - ► General presentation of the book: The Internet is a space based on a technical system consisting of IP addresses, all of which can reach one another. This simple technical principle is essential because it is the foundation on which the digital space rests, in that it allows anyone to enter it, move within it and reach others. It is this principle of the open Internet that made possible the construction of the digital space in which we live. This technical system of IP addresses was made easily manageable by domain names. This manageability of IP addresses made the open character of the Internet effective and enabled the expansion of a space that was global from the outset, forming the basis of the digital space. These technical elements were directly translated into the addressing system through domain names, which was built by the Law. The resulting legal system of addressing reflects this technical foundation, and no one can either deny or undo this link: indeed, the Law enables the domain name infrastructure to function effectively on a global scale and in an open manner, where everyone can reach the other. Technical architecture and legal architecture are thus inseparable. This freedom for everyone to create and circulate in the digital space is made possible by technology and guaranteed by the legal organisation of the domain name architecture. This study is structured in two parts. Its first part aims to describe the legal framework of the global domain name system. Its second part examines how to improve this system: it first examines the technical effects produced by scenarios involving changes to the legal framework of addressing, namely a high risk of capture and/or fragmentation of the domain name system by regional zone. It then aims to demonstrate that if the legal organisation of the global domain name system were significantly altered, notably through the establishment of legal addressing zones that are autonomous from one another, the technical imperative of globality remaining paramount, interconnection between the different zones would be necessary and would then be ensured by a public or private actor who could thus effectively seize control of the technical system via these proposed new legal structures of the system, thereby taking over the whole. - PROVISIONAL TABLE OF CONTENTS   In Perspective   PART ONE HOW THE GLOBAL LEGAL SYSTEM OF NAMING IS BUILT   CHAPTER I: ICANN: A LEGAL STRUCTURE OF CLASSIC HARD-LAW FORM, REQUIRED BY THE TECHNICAL INFRASTRUCTURE OF THE ADDRESSING SYSTEM, TRANSPOSED THROUGH STATUTES THAT SEPARATE THE POWER TO PROPOSE FROM THE POWER TO ADOPT IN ORDER TO ESTABLISH A “MULTI-STAKEHOLDER” SYSTEM WHOSE PURPOSE AND EFFECT ARE TO PREVENT CAPTURE CHAPTER II: THE EXERCISE BY STATES OF THEIR PREROGATIVES THROUGH NATIONAL PUBLIC LAWS: ARTICULATION BETWEEN THE TWO GEOGRAPHICAL SPACES OF HARD LAW CHAPTER III: INTERNATIONAL SPACES OF HARD AND SOFT LAW: UN, WIPO, ITU, WSIS CHAPTER IV: MIRRORING THE TECHNICAL INFRASTRUCTURE OF THE ADDRESSING SYSTEM, THE INTERMESHED GLOBAL LEGAL STRUCTURE, ARTICULATING THE SPACE OF HARD LAW AND THE SPACE OF SOFT LAW CHAPTER V: INTERNALISATION WITHIN CRUCIAL OPERATORS THROUGH COMPLIANCE TECHNIQUES LINKED TO THE OBLIGATION OF SUSTAINABILITY   PART TWO HOW TO IMPROVE THE GLOBAL LEGAL SYSTEM OF NAMING   CHAPTER I: ASSESSMENT OF THE RADICAL TECHNICAL TRANSFORMATIONS THAT PROPOSALS TO CHANGE THE LEGAL SYSTEM OF ADDRESSING COULD BRING ABOUT Section 1 ♦️ Assessment of the technical consequences of the legal proposal to transfer the current complex and specific system into an ordinary mechanism of Public International Law Section 2 ♦️ Assessment of the technical consequences of the indirect proposal to establish separate blocks of systems by zone CHAPTER II: MAINTAINING THE LEGAL SYSTEM OF ADDRESSING, GLOBAL, PROTECTED FROM CAPTURE AND ABLE TO ENSURE TECHNICAL SUSTAINABILITY? BY FOSTERING AN INCREMENTAL PROCEDURAL IMPROVEMENT TOWARDS BETTER UNDERSTANDING AND THUS BETTER ACCOUNTABILITY Section 1 ♦️ A grievance, factual but central: the legal system of domain names is hard to understand. Causes and consequences Section 2 ♦️ Making the legal system of domain names more easily understandable to the parties concerned Ex Ante Section 3 ♦️ Explaining clearly, starting from the purposes, the share of technical sustainability and the share of societal sustainability, the former firmly preserved, the latter handled as a debated project Section 4 ♦️ Enhancing soft-law instruments for their discursive, that is explanatory, scope regarding the domain name system within the global governance of the Internet Section 5 ♦️ Making the legal system of domain names understandable to the parties concerned Ex Post: thereby increasing the value of accountability   Selected Bibliographical Sources Index - 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
Couverture – Compliance Obligation

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🏗️ copublishing and direction of the collection: 📚Compliance & Regulation

Publication of :🕴️ M.-A. Frison-Roche (ed.),📘 Compliance Obligation

► 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

Publication director

🏗️ copublishing and direction of the collection: 📚Compliance & Regulation

📚Publication of:🕴️M.-A. Frison-Roche (ed.), 📘Compliance and Contract

► Full Reference: M.-A. Frison-Roche (ed.), Compliance and Contract, Journal of Regulation & Compliance (JoRC) and Bruylant, “Compliance & Regulation” Serie, to be published - 📘In parallel, the French version of this book, Compliance et contrat, is published in the Serie co-published by the Journal of Regulation & Compliance (JoRC) and Dalloz - 🧮This book comes after a cycle of symposiums organised in 2023-2024 by the Journal of Regulation & Compliance (JoRC) and its Academic Partners - ► General presentation of the book: - 📚This volume is one of a series of books devoted to Compliance in this series. ► read presentations of the other books of this Serie dealing with Compliance : further books: 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Evidence System, 2025 previous books: 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Obligation, 2024 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Jurisdictionalisation, 2024 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Monumental Goals, 2023 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Tools, 2021 📚see the global presentation of all the books of the Serie. - 🏗️General construction of the book: ► 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 has already been discussed therein, since contracts are both a means by which operators perform their legal compliance obligation and an autonomous source of obligation (which places the question of liability at the heart of the subject). 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 Ex Ante 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, may go beyond public ambitions, enrich them, anchor them territorially, and identify them with its own activity and its overall corporate strategy, etc. 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, as can be seen in practice “clause by clause”, 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 REPORTING ON CONTRACTUAL PRACTICES WITHIN THE COMPLIANCE SYSTEM AND ENHANCING ITS EFFECTIVENESS AND HUMANITY ♦️ The Marriage between Compliance and Contract, by 🕴️Marie-Anne Frison-Roche TITLE I. SOCIAL CONTRACT, COMPLIANCE LAW AND THE STRATEGY OF ECONOMIC OPERATORS CHAPTER I: SOCIAL CONTRACT AND COMPLIANCE LAW Section 1 ♦️ The Monumental Goals of Compliance, a guide to action for economic operators serving global policies, by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ Compliance and the Social Contract, by 🕴️René Sève CHAPTER II: POLITICAL AMBITIONS AND CORPORATE STRATEGIES IN THE CONTRACTUAL ORGANISATION OF VALUE CHAINS Section 1 ♦️ sss Section 2 ♦️ sss, by CHAPTER III: PUBLIC CONTRACTS, PARAGONS OF THE INCORPORATION OF POLITICAL AMBITIONS INTO STRATEGIES AND OF THE ALLIANCE OF INSTITUTIONS Section 1 ♦️ Contractual instruments facilitating the insertion of the compliance obligation, by 🕴️Marion Ubaud-Bergeron Section 2 ♦️ Third-party assessment obligations in public contracts, by 🕴️Valentin Lamy Section 3 ♦️ Exemplarity in public contracts, by 🕴️Ugo Assouad and 🕴️Léon Boijout Section 4 ♦️ Is the duty of vigilance soluble in the law of administrative contracts?, by 🕴️Antoine Oumedjkane TITLE II. GENERAL CONTRACT LAW FACED WITH COMPLIANCE LAW CHAPTER I: DISTINGUISHING WHAT IS CONTRACTUAL FROM WHAT RESEMBLES IT IN THE COMPLIANCE SYSTEM Section 1 ♦️ Commitments, Contractualisation and Compliance, by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ The functional contract, the contribution of general contract law to compliance requirements, by 🕴️Laurent Aynès CHAPTER II: WHERE GENERAL CONTRACT LAW CONTRIBUTES TO COMPLIANCE Section 1 ♦️ Regulatory contracts generated by compliance, by 🕴️Jean-Baptiste Barbieri Section 2 ♦️ Third parties to contracts that include a compliance dimension, by 🕴️Philippe Stoffel-Munck TITLE III. COMPLIANCE CONTRACT, COMPLIANCE CLAUSES CHAPTER I: THE “COMPLIANCE CONTRACT” Sub-chapter 1: THE EMERGENCE OF THE “COMPLIANCE CONTRACT” AND OF THE COMPLIANCE MARKET Section 1 ♦️ The industrialisation and outsourcing by the company of an essential function through the “compliance contract”, by 🕴️Étienne Maclouf and 🕴️Bruno Deffains Section 2 ♦️ Legal definition of the “compliance contract”, by 🕴️Marie-Anne Frison-Roche Sub-chapter 2: EXAMPLES OF “COMPLIANCE CONTRACTS” Section 3 ♦️ Internal investigation contracts, by 🕴️Dominique de la Garanderie Section 4 ♦️ Contracts concluded with audit firms, by 🕴️Antoinette Gutierrez-Crespin Sub-chapter 3: THE LAW’S RESPONSE TO THE INDUSTRIALISATION AND STANDARDISATION OF THE “COMPLIANCE CONTRACT” Section 5 ♦️ How competition law grasps the standardisation and industrialisation of the “compliance contract” in order to regulate, by 🕴️Jean-Christophe Roda Section 6 ♦️ The international aspects of the “compliance contract”, by 🕴️Jean-Baptiste Racine CHAPTER II: COMPLIANCE CLAUSES Section 1 ♦️ Uniqueness and Diversity of Compliance Clauses, by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ Compared usefulness of conformity clauses and Compliance clauses, by 🕴️Jean-Christophe Roda Sub-chapter 1: COMPLIANCE CLAUSES CONCERNING INFORMATION Section 3 ♦️ Compliance clauses relating to the transmission of information, by 🕴️Thibault Duchesne Section 4 ♦️ Compliance clauses relating to confidentiality and the non-transmission of information, by 🕴️Jean-Christophe Roda Section 5 ♦️ Compliance clauses relating to audit, by 🕴️Marie-Anne Frison-Roche Sub-chapter 2: COMPLIANCE CLAUSES CONCERNING THE PERFORMANCE OF THE CONTRACT Section 6 ♦️ Compliance clauses relating to changes in circumstances, by 🕴️Julia Heinich Section 7 ♦️ Compliance clauses aimed at obtaining appropriate behaviour (the example of labour relations), by 🕴️Joseph-Antoine Morin Section 8 ♦️ Compliance clauses aimed at ensuring the effectiveness of risk management plans, by 🕴️Grégoire Leray Section 9 ♦️ Robustness clauses, by 🕴️Ludovic Pailler Sub-chapter 3: COMPLIANCE CLAUSES CONCERNING THE PREVENTION AND ANTICIPATED MANAGEMENT OF DISPUTES Section 10 ♦️ Compliance clauses relating to sanctions, by 🕴️Laura Sautonie-Laguionie Section 11 ♦️ Compliance clauses relating to remediation, by 🕴️Morgane Tirel Section 12 ♦️ Compliance clauses relating to procedure, expert evidence and pre-trial case management, by 🕴️Thibault Goujon-Béthan TITLE IV. CONTRACTUAL LITIGATION INVOLVING COMPLIANCE LAW CHAPTER I: IDENTIFYING CONTRACTUAL LITIGATION INVOLVING COMPLIANCE Section 1 ♦️ The emergence of contractual litigation involving Compliance through the convergence of fields, by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ The singularity of contractual litigation involving Compliance, by 🕴️Thibault Goujon-Béthan CHAPTER II: COURTS SEISED AND NATURAL JUDGES OF CONTRACTUAL LITIGATION INVOLVING COMPLIANCE Section 1 ♦️ Ordinary courts and specialised courts in contractual litigation involving Compliance, by 🕴️Romain Raine Section 2 ♦️ From the criminal court to the civil court in contractual litigation involving Compliance, by 🕴️Alex Nicollet Section 3 ♦️ The supporting judge in contractual litigation involving Compliance, by 🕴️Fabrice Vert Section 4 ♦️ The arbitrator in contractual litigation involving Compliance, by 🕴️Cyril Nourissat CHAPTER III: THE PARTIES TO CONTRACTUAL LITIGATION INVOLVING COMPLIANCE Section 1 ♦️ Original and intervening parties, necessary parties, stakeholders: who are the legitimate parties?, by 🕴️Liza Veyre CHAPTER IV: THE PROCEDURAL HANDLING OF CONTRACTUAL LITIGATION INVOLVING COMPLIANCE Section 1 ♦️ Handling time in contractual litigation involving Compliance: from urgency to the long term, by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ Contractualising pre-trial case management, a natural tool of contractual litigation involving Compliance, by 🕴️Thibault Goujon-Béthan Section 3 ♦️ Contractualising evidence in contractual litigation involving Compliance, by 🕴️Nicolas Ida Section 4 ♦️ The hearing in contractual litigation involving Compliance, by 🕴️Anaïs Danet CHAPTER V: THE JUDGMENT IN CONTRACTUAL LITIGATION INVOLVING COMPLIANCE Section 1 ♦️ The appropriate judgment in contractual litigation involving Compliance and its effective enforcement, by 🕴️Marie-Anne Frison-Roche and 🕴️Thibault Goujon-Béthan - follow Marie-Anne Frison-Roche on LinkedIn follow Marie-Anne Frison-Roche on Instagram subscribe to the Newsletter MAFR Regulation, Compliance, Law
Couverture – Compliance Jurisdictionalisation

Publication director

🏗️ copublishing and direction of the collection: 📚Compliance & Regulation

📚Publication of: 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Jurisdictionalisation

► Full Reference: M.-A. Frison-Roche (ed.), Compliance Jurisdictionalisation, Journal of Regulation & Compliance (JoRC) and Bruylant, "Compliance & Regulation" Serie, 2024, 464 p. - 📕In parallel, the French version of this book, La juridictionnalisation de la Compliance, is published in the collection co-published by the Journal of Regulation & Compliance (JoRC) and Dalloz - 🧮This book comes after a cycle of colloquia organised in 2021 by the Journal of Regulation & Compliance (JoRC) and its Academic Partners - ► General presentation of the book: Sanctions, controls, appeals, deals: judges and lawyers are everywhere in the Compliance mechanisms, creating unprecedented situations, sometimes without a solution yet available.  Even though Compliance was designed to avoid the judge and produce security by avoiding conflict. This jurisdictionalisation is therefore new. Forcing companies to prosecute and judge, a constrained role, perhaps against their nature. Leading to the adaptation of major procedural principles, with difficulty. Confronting arbitration with new perspectives. Putting the judge at heart, in mechanisms designed so that he is not there. How in practice to organize these opposites and anticipate the solutions? This is the challenge taken up by this book. - This volume is the continuation of the books dedicated to Compliance in this collection. 📚Read the presentation of the other books of this collection: further books: 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Obligation, 2024  previous books: 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Monumental Goals, 2023 🕴️M.-A. Frison-Roche (ed.), 📘Compliance Tools, 2021 - ► Summary of the book: There have always been Judges and Lawyers in Compliance Law, in particular because this branch of Law is an extension of Regulatory Law in which they have a core place. This results from the fact that the decisions taken in respect of Compliance are contestable in Court, including Arbitration, those issued by the Company, such as those of States or Authorities, the Judge in turn becoming what Compliance Law is effective. The novelty lies more in the phenomenon of "jurisdictionalisation", that is to say that the trial model penetrates all Compliance Law, and not only the Ex Post part that it includes. Moreover, it seems that this jurisdictionalisation influences the non-legal dimension of Compliance. This movement has effects that must be measured and causes that must be understood. Advantages and disadvantages that must be balanced. If only to form an opinion vis-à-vis Companies that have become Prosecutors and Judges of themselves and others …: encourage this "Jurisdictionalisation of Compliance", fight it, perhaps influence it? In any case, understand it! - 🏗️General construction of the book: The book opens with a double Introduction. The first, which is freely accessible, consists of a summary of the book, while the second, which is substantial, deals with the need to bring the Judge and the Lawyer into line if Compliance Law is to be the hallmark of States governed by the Rule of Law. The first Chapter is devoted to what is specific to Compliance Law: the transformation of companies into Prosecutors and Judges of themselves, and even of others.   The second Chapter examines the interference between General Procedural Law and Compliance techniques. The third Chapter measures the influence of the reasoning and requirements of Compliance Law in methods of dispute resolution where it has not, with a few exceptions, been present, but where it has a great future: arbitration.  Because trials and judgements are indissociable, because legal techniques and the Rule of Law must not be dissociated, and because Compliance techniques could paradoxically be the weapon used to dissociate them, because the power to judge and the procedures surrounding it must not be dissociated, because Compliance and the Rule of Law must therefore be conceived and practised together, the rise in power of one being a sign of the rise in power of the other, and not the price of the weakening of the Rule of Law, the fourth Chapter deals with the role of the Judge in Compliance. - ► Understand the book through the table of contents below and the summaries of each article :    DOUBLE INTRODUCTION 🕴️​M.-A. Frison-Roche, 📝Main Aspects of the book Compliance Jurisdictionalisation 🕴️​M.-A. Frison-Roche, 📝Reinforce the Judge and the Lawyer to impose Compliance Law as a characteristic of the Rule of Law    I. THE COMPANY ESTABLISHED PROSECUTOR AND JUDGE OF ITSELF BY COMPLIANCE LAW 🕴️M.-A. Frison-Roche, 📝The "Judge-Judged". Articulating Words and Things in the face of Conflicts of Interest 🕴️C. Granier, 📝Reflections on the existence of companies’ jurisprudence through Compliance matters 🕴️L.-M. Augagneur, 📝The jurisdictionalisation of reputation by platforms 🕴️A. Bruneau, 📝The compagny judges itself: the Compliance function in the bank 🕴️J.-M. Coulon, 📝Compliance law in the construction industry and the contradictions, impossibilities and deadlocks that companies face 🕴️Ch. Lapp, 📝Compliance in companies: the statues of process 🕴️J. Heymann, 📝The Legal Nature of the Facebook "Supreme Court" 🕴️D. Latour, 📝Internal investigations within companies 🕴️A. Bavitot, 📝Shaping the company through negotiated Criminal Justice Agreements. French perspective 🕴️S. Merabet, 📝Vigilance, being a judge and not judge   II. PROCEDURAL LAW IN COMPLIANCE LAW 🕴️​N. Cayrol, 📝Procedural Principles in Compliance Law 🕴️F. Ancel, 📝Compliance Law, a new guiding principle for the Trial? 🕴️B. Sillaman, 📝Taking the Compliance U.S. Procedural Experience globally 🕴️A. Linden, 📝Motivation and publicity of the decisions of the Restricted formation of the French Personal Data Protection Authority (Commission nationale de l'informatique et des libertés – CNIL) in a compliance perspective 🕴️S. Scemla, & 🕴️D. Paillot, 📝The difficulty for Compliance Enforcement Authorities to comprehend the Rights of the Defence in compliance matters 🕴️M.-A. Frison-Roche, 📝Adjusting General Procedural Law to Compliance Law by the nature of things   III. ARTICULATION BETWEEN COMPLIANCE LAW AND INTERNATIONAL ARBITRATION 🕴️J.-B. Racine, 📝Compliance and arbitration. An attempt at problematisation 🕴️E. Silva-Romero & 🕴️R. Legru, 📝What place is there for compliance in investment arbitration? 🕴️​M. Audit, 📝The arbitrator's position on compliance 🕴️E. Kleiman, 📝The objectives of compliance confronted with the actors of arbitration   IV. THE JUDGE IN COMPLIANCE LAW 🕴️M.-A. Frison-Roche, 📝The Judge, the Compliance Obligation and the Company. The Compliance Evidence System 🕴️J. Morel-Maroger, 📝The application of compliance standards by European Union judges  🕴️S. Schiller, 📝A single judge in the event of an international breach of compliance obligations? 🕴️O. Douvreleur, 📝Compliance and Judge of the Law 🕴️F. Raynaud, 📝The Administrative Judge and Compliance 🕴️E. Wennerström, 📝Some Reflections on Compliance and the European Court of Human Rights - follow Marie-Anne Frison-Roche on LinkedIn follow Marie-Anne Frison-Roche on Instagram subscribe to the Newsletter MAFR Regulation, Compliance, Law
Couverture – Compliance Monumental Goals

Publication director

🏗️ copublishing and direction of the collection: 📚Compliance & Regulation

Publication of :🕴️ M.-A. Frison-Roche (ed.),📘 Compliance Monumental Goals

🌐 follow Marie-Anne Frison-Roche on LinkedIn 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law  - ► Full Reference: M.-A. Frison-Roche (ed.), Compliance Monumental Goals, coll. "Compliance & Regulation", Journal of Regulation & Compliance (JoRC) and Bruylant, 2023, 528 p. - ► This book in a few words: Seize Compliance by its mind: its Monumental Goals. The notion of "monumental goals" of Compliance was proposed in 2016 by Marie-Anne Frison-Roche1🕴️M.A. Frison-Roche, 📝Compliance Law, 2016.. It has become explicit in the texts and the resolution of cases, for example to fight against climate change, make human beings effectively equal, force to be extraterritorially vigilant about suppliers.  Compliance Monumental Goals are targeted ex ante by regulations, contracts, CSR, and international treaties. Creating an alliance between business and political authorities, aiming for a new form of sovereignty. The presence in litigation of these Monumental Goals of global dimension renews the responsibilities and the Judge office. Describing and conceiving these Monumental Goals makes it possible to anticipate Compliance Law, which is more powerful every day. - 📕 In parallel, a book in French Les Buts Monumentaux de la Compliance, is published in the collection "Régulations & Compliance" co-published by the Journal of Regulation & Compliance (JoRC) and Dalloz.  - 📅 This book follows a cycle of colloquia 2021 organized by the Journal of Regulation & Compliance (JoRC) and its universities partners.  - 📚   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:  📘M.-A. Frison-Roche (ed), Compliance Juridictionnalisation, 2022 📘M.-A. Frison-Roche (ed.), Compliance Tools, 2020 - ► 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.  - ► General construction of the book:  The book opens with an Introduction, ​which proposes the Monumental Goals as definition of Compliance Law putting them at its "beating heart", giving this new branch of law its originality and specificity, explaining what, in the History of the United States and Europe, gave birth to this singular corpus and justifies a substantial definition of Compliance Law. The concept of Monumental Goals is explained, justifying both systemic and political nature of Compliance Law, the practical consequences of which legal specific rules are thus better identified and limited, since Compliance Law does not lead to all-obedience. We can then determine what we can expect from this Law of the Future that is Compliance Law. From there, the book unfolds in 5 chapters. A first chapter is devoted to the "radioscopy" of this notion, in itself and branch of Law by branch of Law. A second chapter aims to measure how the Monumental Goals are questioned by a crisis situation, for example in a health situation, but not in that example, if they aggravate it and must be discarded, or if, on the contrary, they are exactly conceived for this hypothesis. of crisis, risks, catastrophes and that it is advisable to exploit them, in particular in order, in this "test", to benefit from the alliance between the political authorities, public powers and crucial operators. Once made explicit and tested, the Monumental Goals must find a sure way to be taken into account. This is why a third chapter aims to measure in principle and in practice how the Proportionality method can help the integration of Compliance, thus giving a new dimension to the Law without dragging it into insecurity and illegitimate grabbing of powers. But because Compliance Monumental Goals express a very great ambition, the question of a bearable, even beneficial relationship with the international competitiveness of companies, standards and systems must be opened. This is the object of the fourth chapter.   Finally, because the Monumental Goals express by nature a new ambition of the Law in a world which must not give up in what could be the prospect of its abyss, the fifth chapter has for object the relationship between the Monumental Goals of Compliance and Sovereignty. - ► Table of Content : INTRODUCTION 🕴️M.-A. Frison-Roche, 📝Main Aspects of the Book. The Monumental Goals of Compliance Law 🕴️M.-A. Frison-Roche, 📝Compliance Monumental Goals, Beating Heart of Compliance Law   CHAPTER I. THE VERY IDEA OF MONUMENTAL GOALS, THE BEATING HEART OF COMPLIANCE LAW 🕴️R.-O. Maistre, 📝What are the Monumental Goals for the Regulator in a Rapidly Changing Audiovisual and Digital Landscape? 🕴️A.-V. Le Fur, 📝Interest and “raison d’être” of the Company: How Does It Fit Together with the Compliance Monumental Goals? 🕴️A. Le Goff, 📝Monumental Goals Perceived by the Firm: Serene Business or Business under Pressure? 🕴️J.-F. Vaquieri, 📝The “Monumental Goals of Compliance” from the Company’s Perspective – the Case of Enedis 🕴️M. Malaurie-Vignal, 📝Monumental Goals of Market Law – Reflection on the Method 🕴️C. Peicuti et 🕴️J. Beyssade,📝Feminisation of Positions of Responsibility in the Workplace as a Goal of Compliance. Example of the Banking Sector 🕴️I. Gavanon, 📝Data Protection Law in the Digital Economy Confronted to Monumental Goals 🕴️B. Petit, 📝The Monumental Goals of (European) Labour Law: a Changing System with Balances to be Consolidated 🕴️G. Beaussonie, 📝Do Criminal Law and Compliance Form a System? 🕴️Ch. Huglo,📝Under what Conditions could Climate Law Constitute a Priority Monumental Goal?   CHAPTER II. IMPLEMENTATION OF COMPLIANCE MONUMENTAL GOALS IN ARTICULATION WITH THE MAJOR PRINCIPLE OF PROPORTIONALITY 🕴️L. Rapp, 📝Compliance, Proportionality and Normativity 🕴️B. Bär-Bouyssière, 📝Proportionality and Compliance 🕴️A. Mendoza-Caminade, 📝Proportionality and Evaluation. The Example of Intellectual Property Law 🕴️L. Meziani, 📝Proportionality in Compliance, the Guarantee of Public Order in Companies 🕴️M. Segonds, 📝Compliance, Proportionality and Sanction. A French Perspective 🕴️M.-A. Frison-Roche, 📝Definition of Proportionality and Definition of Compliance Law   CHAPTER III. COMPLIANCE MONUMENTAL GOALS TESTED BY CRISIS SITUATIONS 🕴️A. Oumedjkane, A. Tehrani et P. Idoux, 📝Public Norms and Compliance in Crisis Periods: Testing Monumental Goals. A Few Thoughts 🕴️J. Bonnet, 📝The Crisis, an Opportunity to Seize Compliance as a Mode of Communication for Public Authorities 🕴️M.-A. Frison-Roche, 📝Place and Role of Companies in the Creation and Effectiveness of Compliance Law in Crisis   CHAPTER IV. EFFECTIVENESS OF COMPLIANCE MONUMENTAL GOALS AND INTERNATIONAL COMPETITIVENESS 🕴️B. Deffains, 📝Compliance and International Competitiveness 🕴️J.-Ch. Roda, 📝Compliance, Internal Investigations and International Competitiveness: What are Risks for the French Companies (in the Light of Antitrust Law)? 🕴️F. Marty, 📝The Case for Compliance Programs in International Competitiveness: A Competition Law and Economics Perspective 🕴️S. Lochmann, 📝ESG Rating Agencies and Compliance as an Effective Way of Increasing International Competitiveness 🕴️M.-A. Frison-Roche, 📝Assessment of Whistleblowing and Vigilance Obligation with regard to International Competitiveness   CHAPTER V. COMPLIANCE SUPPORTED BY MONUMENTAL GOALS, A NEW WAY FOR SOVEREIGNTY 🕴️R. Bismuth, 📝The Ambiguous Relations between Corporate Compliance and Sovereignty 🕴️L. Benzoni, 📝International Trade, Competitivity and Sovereignty: Towards a Political Economy of Compliance 🕴️S. Pottier, 📝In Favour of European Compliance, a Vehicle of Economic and Political Assertion 🕴️Ch. André, 📝State Sovereingty, Sovereingty of the People: What Social Contract for Compliance? 🕴️M.-A. Frison-Roche, 📝The Principle of Active Systemic Proximity: Corollary of the Renewal of the Principle of Sovereignty by Compliance Law -
Couverture – Compliance Tools

Publication director

🏗️ copublishing and direction of the collection: 📚Compliance & Regulation

📘Compliance Tools

► Full Reference: Frison-Roche, M.-A. (ed.), Compliance Tools, series "Régulations & Compliance", Journal of Regulation & Compliance (JoRC) & Bruylant, 2021. This book in English is the first title of this collection integrally dedicated to Compliance Law, in that it is the extension of Regulation Law.  - 📚  Read the titles of this series in English co-published by Bruylant.  📚   This collection in English is articulated with a collection co-published between the Journal of Regulation & Compliance and Dalloz. 📕Thus, in parallel, a book in French, Les Outils de la Compliance is published.  - 📅   This book is published after a  cycle of colloquiums organised by the Journal of Regulation & Compliance (JoRC) and Partners Universities. -   ► General Presentation of the collective book: The political dimension of Compliance Law lies in the goals it aims to achieve. To achieve them, the concern for these goals is internalized in "crucial operators", which may be obliged to concretize "monumental goals" set by public authorities. These public bodies control the Ex Ante reorganization that this implies for these companies and sanction Ex Post the possible inadequacy of the companies, which have become transparent to this end. The effectiveness and efficiency of this internalization, without which the statement of these goals is worth nothing, is based on the Compliance tools that are deployed. These appear to be very diverse but their substantial unity (topic which will be the subject of a forthcoming book) makes it possible to study the tools put in place from a unique perspective, by not isolating them in a particular branch of Law, Criminal law or International Law for example, but by measuring what is common to them, notably Anticipation, Trust, Commitment, Responsibility, Incentive, and so on. If the Compliance tools vary, it is rather not only according to the sectors, finance and banking appearing then as the advanced point of the general Compliance Law, for example in environmental matters, but also according to the countries and the cultures. It is in fact about them that legal cultures seem to oppose. The book aims to understand these "tools" by going beyond the description of each instrument, for which we already have many monographs, for analyzing them through the issues of Risks, required Expertises, Training. Sovereignty claims, Incentives, mechanical aptitude of Technologies. It is through these themes that are analyzed by the authors, experts in the field, what we always want to understand better: Compliance Programs, Whistle blowing, Mapping, Sanctions, Extraterritoriality, etc.   -     Read the summary of the book.    Read the foreword, summarizing all the contributions.     Présentation of the book contributions: 📝Amico, Th., Compliance or the passage from ex post to ex ante: A Copernican revolution for the criminal lawyer? 📝Banck, A., The maturity of the Compliance tool’s user, first criterion of the choice of the salient tool 📝Burlingame, Coppens R., Power, N, Lee, D.H., Anti-Corruption Compliance: Global Dimension of Enforcement and Risk Management 📝Calandri, L., Incentive(s) and Self-Regulation(s): which place for Compliance Law in the Audiovisual Sector?  📝Causse, H., Compliance Training: Through and Beyond Traditional Legal Training 📝Frison-Roche, M.-A., Describing, designing and correlating Compliance Tools to have a better use of it 📝Frison-Roche, M.-A., Building by Law the Unicity of Compliance Tools from the Definition of Compliance Law by its "Monumental Goals" 📝Frison-Roche, M.-A., Drawing up Risk Maps as an obligation and the paradox of the "Compliance risks" ​ 📝 Frison-Roche, M.-A., Incentives and Compliance, a couple to propel 📝 Frison-Roche, M.-A., Resolving the contradiction between sanctions and incentives under the fire of Compliance Law 📝 Frison-Roche, M.-A., Rights, primary and natural Compliance tools 📝 Frison-Roche, M.-A., Training: content and container of Compliance Law​ 📝 Galland, M., The Regulator's Inspection of the Effectiveness of the Compliance Tools Implemented by the Company 📝 Granier, C., The Normative Originality of Compliance by Design 📝 Guillaume, N., Compliance risk mapping: first insights of challenges, limits and good practices 📝Guttierez-Crespin, A., Audit of Compliance Systems​ 📝 Koenigsberg, S. and Barrière, F., The Development of Attorney's Compliance Expertise 📝 Larouer, M., The Manifestation of Incentives Mechanisms in French Compliance Law 📝 Merabet, S., Morality by Design 📝 Pailler, L., Technological Tools, Compliance by Design and GDPR: the Protection of Personal Data from Design 📝 Racine, J.-B., Geographical dominance in the choice and the use of Compliance Tools. Introductory remarks 📝Rapp, L., Incentive Theory and Governance of Space Activities 📝 Roda, J.-C., Compliance by design in antitrust: between innovation and illusion 📝 Salah, M., Conception and Application of Compliance in Africa 📝 Tardieu, H., Data Sovereignty and Compliance 📝 Thouret, T., Training and Compliance, Two Correlated Information Transmission Tools