Compliance Law

► Full reference: Journal of Regulation & Compliance (JoRC) and Université Paris Cité (Faculty of Law, Economics and Management – Centre de Droit des Affaires et de Gestion, CEDAG), Compliance et stratégies d’entreprise dans l’organisation contractuelle des chaînes de valeur (Compliance and corporate strategies in the contractual organisation of value chains), Malakoff, 16 November 2026, 3 pm – 6 pm. - 🏗️This colloquium is part of the 2026 cycle of colloquia “Compliance & Contract” organised by the Journal of Regulation & Compliance (JoRC) and its partner Universities. - The colloquium is under the scientific responsibility of 🕴️Marie-Anne Frison-Roche, 🕴️Etienne Maclouf and 🕴️Véronique Chanut.   To register, on site or online: Université Paris Cité registration form (free registration, required). - 🧮 The event will take place at Université Paris Cité, Faculty of Law, Economics and Management, Centre for Business Law and Management (CEDAG), 10, avenue Pierre-Larousse, 92240 Malakoff (France). - 📑 The programme of the conference of 16 November 2026 as a carousel - ► Presentation of the theme: “Value chains” have always existed, long before the legal system took hold of this reality, at once economic, financial and managerial, to bring it into the legal order. Their entry into it is recent, probably through the so-called “Vigilance” Act of 2017, the expression appearing in the preparatory works, while it is expressly referred to in the texts of the European Union. It is therefore a notion stemming from financial management, which developed alongside the very phenomenon of the firm and of trade, as a way of escaping the instability of the markets for goods and services. But Law has always been present through the natural use of contract. Contract thus came before the perspective of Compliance Law found its way into value chains, contract being an instrument of stability compared with the exchange contracts on which competitive markets are built, but also in those organisational contracts which regulate value chains and deploy the firm in its corporate form (“parent company”) and beyond its corporate form (“principal company”). Used in what might be called a “bare” way (a reference to the “nude pact” that contract constitutes when it is grasped by general law alone), contract has thus been the means for firms to deploy strategies through the organisation of value chains. The first aim of this colloquium is to show how this is done, and how it is valued, since the term “value” refers to the capacity to give value, in terms of return on investment, to such a contractual organisation. The legal system may remain more or less neutral towards these organisational contracts, which are so many “regulatory contracts”, either because it does not see them, or because it regards them as always beneficial and therefore as justifying neither specific regimes nor legislative or judicial intervention. It is then a matter of legislative or judge-made policy. The second aim of this colloquium is to show how legal systems react, to a greater or lesser extent, to these strategies, depending on whether they know them and whether they approve of them. The development of the law specific to this organisational strategy differs greatly from one area of the world to another, which creates considerable practical difficulties, because value chains are by nature structured in a unified way across the different areas of the world, for instance between Europe and the United States, and/or between Europe and Asia. By injecting regulation into these contracts, which are not governed by a single legal order, corporate strategies lose their stability. Yet stability is the very stake of corporate strategy in this field, and it is for this reason that contracts have been designed and adapted so as to differ from exchange contracts and to become the basis of the sustainability of value chains, which is today a major geopolitical issue. Moreover, and this is the third point of the colloquium, legislative provisions and case law are not hostile to contract, but they take it in another sense. Indeed, if one considers Europe (a position legally and politically contested in the United States, which calls for “deregulation” so as to return to contract as a “nude pact”), contract is rather taken as an instrument provided for by the texts to enable the firm subject to them to implement its Compliance Obligation. This raises no difficulty if the firm’s strategy matches the Monumental Goals that make up the normative foundation of the compliance corpus in question (e.g. DSA, DORA, GDPR, AI Act, CSRD, CS3D, etc.), but the articulation becomes more difficult, or even problematic, when the two strategies no longer match. One of the ambitions of this colloquium, which gives as much room to management science as to Law, is to seek how, in practice, these difficulties can be reduced. - 16 November 2026, 3 pm – 6 pm, followed by a cocktail reception at 6.30 pm, Salle des Actes, Université Paris Cité, Faculty of Law, Economics and Management, Centre for Business Law and Management (CEDAG), 10, avenue Pierre-Larousse, 92240 Malakoff Compliance and corporate strategies in the contractual organisation of value chains 🎤 Welcome on behalf of the CEDAG research centre: 🕴️Pauline Pailler, Professor of Private Law at Université Paris Cité, Director of the Centre for Business Law and Management (CEDAG), member of the Institut universitaire de France 🎤 How contract plays its part in strategy within companies seized by Compliance: 🕴️Marie-Anne Frison-Roche, Professor of Regulatory and Compliance Law, Director of the Journal of Regulation & Compliance (JoRC) and of the European School of Regulation and Compliance (EeRC) 🎤 Contractualisation within integrated value chains: 🕴️Véronique Chanut, Professor of Management Science, Université Paris Panthéon-Assas, Director of LARGEPA and CIFFOP 🎤 Beyond the Clause: Social Auditing and the Contractualisation of Decent Work in Value Chains: 🕴️Guillaume Delalieux, Professor of Management Science (HDR), La Rochelle University, Director of the EOLE research centre (Law and Management) 🎤 Emerging risks, sovereignty and vulnerabilities of value chains: 🕴️Rémy Février, Professor of Management Science (HDR), Conservatoire national des arts et métiers (Cnam) 🎤 Value chain dynamics and compliance: 🕴️Etienne Maclouf, Professor of Management Science, Université Paris Cité, Faculty of Law, Economics and Management 🎤 Structuring value chains: a driver of economic efficiency and strategy, and a matter of political responsibility: 🕴️Stanislas Pottier, Senior Advisor to the General Management, Amundi 🎤 Conclusion of the colloquium: 🕴️Mathias Naudin, Associate Professor (Maître de conférences) of Management Science, Université Paris Cité - The work of this colloquium will form the basis of a specific chapter in the books: Compliance et Contrat (Compliance and Contract), forthcoming in the Regulations & Compliance series, co-published by the Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz.   - 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: G. Branellec, “Compliance, performativité et RegTech : la reconfiguration des dispositifs de vigilance bancaire en matière de LCB-FT” (“Compliance, performativity and RegTech: the reconfiguration of banking vigilance mechanisms in AML/CFT”), in L. Laref (ed.), Compliance et vigilance bancaire. Contribution des acteurs bancaires et financiers à la LCB-FT (Compliance and Banking Vigilance. The Contribution of Banking and Financial Actors to AML/CFT), preface by N. Vasse, Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, “Régulations & Compliance” series, forthcoming. - read a general presentation of the book, Compliance et vigilance bancaire, in which this article is forthcoming - ► English Summary of this article (article written in French, English summary by the Journal of Regulation & Compliance – JoRC): Faced with regulatory inflation and growing requirements of traceability and justification, banks increasingly resort to technological solutions grouped under the term RegTech. The author analyses RegTech not as a mere compliance tool but as a hybrid co-regulation mechanism combining legal norms, technologies, organisational procedures and managerial responsibilities. Drawing on a reading of Compliance as a performative phenomenon and on the figure of the pharmakon, he shows its ambivalence, both a vector of rationalisation and a source of new organisational, ethical and legal risks, and examines the conditions for a legitimate governance of these mechanisms. -

► Full Reference: C. Degrande, “Uniformiser ce qui se module. Directive et règlement à l’épreuve de la modulation de l’obligation de vigilance LCB-FT” (“Standardising what is modulated. Directive and regulation tested by the modulation of the AML/CFT obligation of vigilance”), in L. Laref (ed.), Compliance et vigilance bancaire. Contribution des acteurs bancaires et financiers à la LCB-FT (Compliance and Banking Vigilance. The Contribution of Banking and Financial Actors to AML/CFT), preface by N. Vasse, Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, “Régulations & Compliance” series, forthcoming. - read a general presentation of the book, Compliance et vigilance bancaire, in which this article is forthcoming - ► English Summary of this article (article written in French, English summary by the Journal of Regulation & Compliance – JoRC): From 10 July 2027, AML/CFT vigilance obligations will no longer be set by a national transposing law but by a directly applicable regulation. The author shows that the regime of modulation changes little, and that one must distinguish what results from the use of a regulation from what results from the content adopted in 2024. The specific effect of the instrument lies in the disappearance of the transposing act as the vehicle for the limits of modulation, the closing of the national interpretative relay and the direct enforceability of the European text. Each State’s exposure to risks does not leave modulation, but it now enters it as information to be taken into account, no longer as a written, foreseeable and debatable limit. -

► Full Reference: P. Seixas & R. Ducatez, “Le banquier face au défi de la vigilance : entre exigences contradictoires et responsabilités croissantes” (“The banker facing the challenge of vigilance: between contradictory requirements and growing responsibilities”), in L. Laref (ed.), Compliance et vigilance bancaire. Contribution des acteurs bancaires et financiers à la LCB-FT (Compliance and Banking Vigilance. The Contribution of Banking and Financial Actors to AML/CFT), preface by N. Vasse, Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, “Régulations & Compliance” series, forthcoming. - read a general presentation of the book, Compliance et vigilance bancaire, in which this article is forthcoming - ► English Summary of this article (article written in French, English summary by the Journal of Regulation & Compliance – JoRC): Behind an apparent unity, “banking vigilance” covers a plural body of norms stemming from case law, European professional standards and legal obligations. The authors distinguish in particular the forms of vigilance that derive from the law and serve a general-interest goal – the fight against money laundering and terrorist financing, AMLA standards, the duty of vigilance in sustainability matters – and show how the banker must reconcile sometimes competing requirements: risk control, preservation of public economic order and protection of customers’ interests, in an environment where the banker’s responsibilities keep growing. -

► Full Reference: P. Le Besnerais, “L’obligation de compliance LCB-FT, moteur de transformation des pratiques en matière de crédits et de garanties” (“The AML/CFT Compliance Obligation, a driver of transformation of practices in credit and guarantees”), in L. Laref (ed.), Compliance et vigilance bancaire. Contribution des acteurs bancaires et financiers à la LCB-FT (Compliance and Banking Vigilance. The Contribution of Banking and Financial Actors to AML/CFT), preface by N. Vasse, Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, “Régulations & Compliance” series, forthcoming. - read a general presentation of the book, Compliance et vigilance bancaire, in which this article is forthcoming - ► English Summary of this article (article written in French, English summary by the Journal of Regulation & Compliance – JoRC): Despite its strong intuitu personae, the credit agreement does not escape the AML/CFT Compliance Obligation. The author shows that it now permeates the pre-contractual phase (risk analysis distinct from creditworthiness assessment, know-your-customer, choice of distribution channels and intermediaries), the management of the relationship over time and the very content of contracts (KYC clauses, representations and undertakings, rights of suspension or termination, asset freezing). She analyses its effects both in relations with customers and in relations with the institutions’ partners and intermediaries. -

► Full Reference: M. Le Goanvic, “La réception de l’obligation de compliance par les professionnels du secteur bancaire : l’exemple de la LCB-FT” (“The reception of the Compliance Obligation by banking sector professionals: the example of AML/CFT”), in L. Laref (ed.), Compliance et vigilance bancaire. Contribution des acteurs bancaires et financiers à la LCB-FT (Compliance and Banking Vigilance. The Contribution of Banking and Financial Actors to AML/CFT), preface by N. Vasse, Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, “Régulations & Compliance” series, forthcoming. - read a general presentation of the book, Compliance et vigilance bancaire, in which this article is forthcoming - ► English Summary of this article (article written in French, English summary by the Journal of Regulation & Compliance – JoRC): Beyond a set of specialised regulatory obligations, the fight against money laundering and terrorist financing has become a structuring element of the organisation, governance and operational processes of financial institutions. The author describes this progressive internalisation of Compliance: involvement of commercial functions in identifying risks, risk mapping, customer classification, transaction monitoring and an evidentiary logic. She also points out the questions this movement raises as to its operational acceptability and its reception by customers. -

► Full Reference: J. Marchand, “La réception de la compliance LCB-FT par le secteur bancaire et financier. Modalités d’appropriation, dysfonctionnements structurels et éthique comme condition d’effectivité” (“The reception of AML/CFT Compliance by the banking and financial sector. Methods of appropriation, structural dysfunctions and ethics as a condition of effectiveness”), in L. Laref (ed.), Compliance et vigilance bancaire. Contribution des acteurs bancaires et financiers à la LCB-FT (Compliance and Banking Vigilance. The Contribution of Banking and Financial Actors to AML/CFT), preface by N. Vasse, Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, “Régulations & Compliance” series, forthcoming. - read a general presentation of the book, Compliance et vigilance bancaire, in which this article is forthcoming - ► English Summary of this article (article written in French, English summary by the Journal of Regulation & Compliance – JoRC): AML/CFT Compliance is one of the most accomplished forms of Compliance Law. The author shows that its reception by the banking sector brings about a twofold shift: normative, as the obligation of vigilance becomes a continuous requirement to justify the measures implemented; functional, as institutions are mobilised in the service of a general-interest goal without having all the corresponding legal means. Two symmetrical drifts result, compliance washing and de-risking, showing that Compliance driven solely by fear of sanctions may produce conformity without effectiveness or caution without surveillance. Ethics then appears as the condition for the model’s balance. -

► Full Reference: J. Lasserre Capdeville, “Quelques rappels terminologiques utiles…” (“Some useful terminological reminders…”), in L. Laref (ed.), Compliance et vigilance bancaire. Contribution des acteurs bancaires et financiers à la LCB-FT (Compliance and Banking Vigilance. The Contribution of Banking and Financial Actors to AML/CFT), preface by N. Vasse, Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, “Régulations & Compliance” series, forthcoming. - read a general presentation of the book, Compliance et vigilance bancaire, in which this article is forthcoming - ► English Summary of this article (article written in French, English summary by the Journal of Regulation & Compliance – JoRC): This contribution clarifies the notions on which the book rests. More exposed than others to the risks of money laundering, terrorist financing, corruption and fraud, the banker is bound by an obligation of vigilance (Articles L. 561-4-1 et seq. of the French Monetary and Financial Code), whose importance has constantly grown under the effect of the Compliance Obligation. The author distinguishes regulation, Compliance and conformity, which the “average banker” tends to confuse, and specifies what “banking vigilance” covers, so that the reader can properly appreciate the analyses that follow. -

► Full reference: M.-A. Frison-Roche, “What the Legislator can, or cannot, do: the example of the French judicial public interest […]

► Full reference: M.-A. Frison-Roche, “Placer le droit de la compliance par rapport aux autres branches du droit : une nécessité pratique. L’enjeu du droit économique” (Positioning Compliance Law in relation to other branches of Law: a practical necessity. The challenge for Business Law), foreword to the book by A. Bauch, Droit de l’entreprise et Compliance. Une relation symbiotique ? (Business Law and Compliance: a symbiotic relationship?), forewords by L. Rass-Masson and M.-A. Frison-Roche, Lefebvre-Bruylant, coll. « Droit, Management & Stratégies », 2026, 578 p. - 🔓Read the English version of this foreword (published in French) below⤵️  

► Full reference: M.-A. Frison-Roche, “Les nouveaux territoires du droit” (The new territories of Law), keynote in Conseil national des barreaux (CNB – French National Bar Council), Convention nationale des avocats 2026 (2026 National Lawyers’ Convention), plenary session 2 Ce qui nous tient : le droit comme promesse collective (What holds us together: Law as a collective promise), Toulouse, MEETT, 23 October 2026. - 🧮 This ten-minute talk is part of the second plenary session of the National Lawyers’ Convention, devoted to Law as a collective promise. - 🖥️ Read the slides supporting this conference (English translation). The slides attached here are an English translation; the slides projected during the conference were in French. Read the original French slides. - ► Presentation of this conference: What happens now happens within companies, including for issues that are not “economic”, with new interlocutors, the “stakeholders”, and with a primary concern: the future, that of systems and that of the human beings who live within them. The new territories of Law are those where decisions are formed and which Compliance Law grasps: governance, conformity and vigilance, sustainability, data, value chains and the new contractual engineering, reputational risks; wherever long-term decisions are made, where responsibilities are allocated, where credible commitments are made. Everyone sees new missions there, for managers, stakeholders, politicians, auditors, judges, lawyers, and even professors, but everyone also feels overwhelmed by unmanageable regulations (NIS 2, DORA, FCPA, DSA, Sapin II, DMA, CSRD…). Lawyers must be present in this ex ante space, to bring out the humanism on which these compliance corpora are founded, to help build lasting alliances enabling companies to play their part in the compliance ambitions, and to organise the new evidentiary culture of all parties, so that the flow of information is credible in amicable, pre-litigation and litigation relationships. This requires particular qualities from the lawyer entering this new territory, which leads from the ex ante towards a new kind of litigation. Law appears there as an alliance, and the lawyer as the one who creates the link so that the European ambition of Law as the cement of systems holds. - 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: Journal of Regulation & Compliance (JoRC) and Université Paris 1 Panthéon-Sorbonne, Institut de recherche juridique de la Sorbonne (IRJS) (Sorbonne Legal Research Institute), Compliance et Droit commun des contrats (Compliance and General Contract Law), 7 October 2026. see on Instagram the carousel devoted to the conference (in French) see on Instagram the programme of the conference (in French) - 🏗️ This symposium is part of the series of symposiums organised by the Journal of Regulation & Compliance (JoRC) and its partner universities, focusing in 2026 on the general theme of Compliance and Contract. - The symposium is under the scientific responsibility of 🕴️Nicolas Bargue, Senior Lecturer (maître de conférences) at the Sorbonne Law School (Université Paris 1 Panthéon-Sorbonne), co-director of the Contract, Civil Liability and Insurance Department of the IRJS, 🕴️Marie-Anne Frison-Roche, Professor of Law (agrégée des Facultés de Droit), Director of the Journal of Regulation & Compliance (JoRC) and of the European School of Regulation and Compliance (EeRC), and 🕴️Julia Heinich, Professor at the Sorbonne Law School (Université Paris 1 Panthéon-Sorbonne). - Registration with the IRJS: Registration for the symposium « Compliance et droit commun des contrats » of 7 October 2026 | Labo – IRJS - 🧮The symposium, organised by the Journal of Regulation & Compliance (JoRC) and the Institut de recherche juridique de la Sorbonne (IRJS), will take place on Wednesday 7 October 2026, from 9:15 am to 1 pm, at Université Paris 1 Panthéon-Sorbonne, Room 6 of the Centre Panthéon, 12 place du Panthéon, 75005 Paris. It will be held in French. - Presentation of the topic: While Contract Law, in its common rules expressed by the “general theory of contracts”, is often considered to be the most developed branch of Law in practice and the most studied at university, at first glance it seems to be given little consideration when it comes to Compliance. The relationship between the contract and the documents, standards and ethical acts so numerous in Compliance techniques, to which is added the soft law produced by courts, regulators, supervisors and companies themselves, is an open question. Thus the “commitments” that punctuate the techniques and behaviours making up the “compliance culture” have a central place in Compliance Law; but their place, if not their equivalence with the Contract, is not established. To gain a firmer footing in the analysis of the practices of companies that insert compliance clauses into multiple contracts, to observe that Compliance can be the very subject of a specific contract — the “compliance contract” —, or even to assist in the conception that judges develop of their office when they hear contractual litigation involving Compliance, we must return to general Contract Law. If we stop viewing Compliance Law solely through the prism of repression, the Contract does not have the same place: the compliance obligation can be conceived as also having the contract as a legitimate source, a contract which, under general law, has its source in the autonomy of the will and all its consequences — contractual freedom, binding force, effect on third parties. This is the subject of this symposium which, following the classic diptych of formation and performance, takes up the contractual thread from the founding principles of autonomy and freedoms, binding force and its relativity, the meeting of wills, groups of contracts and regulatory contracts often drawn up to implement compliance policies. Specific performance and contractual liability under general law are themselves coloured in a singular way when a compliance concern has been inserted into the contract. - The proceedings of this symposium will form the basis of a specific chapter in the following publications: 📕Compliance et Contrat, forthcoming in the series 📚Régulations & Compliance, co-published by the Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz. 📘Compliance and Contract, forthcoming in the 📚Compliance & Regulation Series, co-published by the Journal of Regulation & Compliance (JoRC) and Lefebvre-Bruylant. 🔻 See the programme below

▶ click on the image to watch the episode on YouTube - ► Full reference: M.-A. Frison-Roche, “The Mystery of the Monumental Goals”, in series of drawn videos Compliance in Motion, episode 2, 2 October 2026 - ► Summary of this episode of Compliance in Motion: Students sit around a table; on the table, two books. Three words are given to them — Compliance Monumental Goals — and nobody really sees what that means. The Compliance Ogre, of course, is certain: “Me, me, me! I know what the Monumental Goals are!” And yet, it is no riddle. A Monumental Goal is an edifice: protecting the climate, stopping corruption, respecting others. Compliance Law does not merely forbid, it aims; and because the goal is monumental, no one builds it alone — the judge, the lawyer, the company, the teacher, each brings a stone. That is where Compliance Law draws its normativity, and that is what separates it from mere conformity. They are not decreed. They are built. At the end, the Ogre: “Yes, yes, yes — I said so!” He had not said so. Less than a minute, not a word spoken. One episode every two weeks, in French and in English. - 🌐 watch this episode of the series on YouTube: Compliance in Motion watch this episode of the series on Instagram: Compliance in Motion 🎬 watch this episode of the series below Compliance in Motion ⬇️ - Compliance in Motion, by mafr the series of drawn videos devoted to Compliance Law ComplianceTech® - 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 (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 below the presentations of the other books in the series: the following books: 🕴️M.-A. Frison-Roche (ed.), Le système probatoire de la Compliance, forthcoming   the previous 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.), 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 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 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) 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 de politiques globales (The Monumental Goals of Compliance, a guide to action for economic operators serving global policies), by 🕴️Marie-Anne Frison-Roche Section 2 ♦️ Compliance et Contrat social (Compliance and the Social Contract), 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 ♦️ Dynamiques des chaînes de valeur et Compliance (Value Chain Dynamics and Compliance), by 🕴️Étienne Maclouf Section 2 ♦️ La contractualisation au sein de chaînes de valeurs intégrées (Contractualisation within Integrated Value Chains), by 🕴️Véronique Chanut Section 3 ♦️ Au-delà de la clause : l’audit social et la contractualisation du travail décent dans les chaînes de valeur (Beyond the Clause: Social Auditing and the Contractualisation of Decent Work in Value Chains), by 🕴️Guillaume Delalieux Section 4 ♦️ Risques émergents, souveraineté et vulnérabilités des chaînes de valeur (Emerging Risks, Sovereignty and Vulnerabilities of Value Chains), by 🕴️Rémy Février Section 5 ♦️ Structuration des chaînes de valeur : vecteur d’efficacité économique et de stratégie et responsabilité politique (Structuring Value Chains: a Driver of Economic Efficiency and Strategy, and a Matter of Political Responsibility), by 🕴️Stanislas Pottier Section 6 ♦️ En quoi le contrat fait part à la stratégie dans les entreprises saisies par la Compliance (How Contracts Take Part in Strategy in Companies Seized by Compliance), by 🕴️Marie-Anne Frison-Roche 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 contrôle des pouvoirs exorbitants délégués aux personnes privées (Monitoring Exorbitant Powers Delegated to Private Persons), by 🕴️Nedjma Kontoukas Section 5 ♦️ Externaliser la supervision de la compliance – Renoncer en chaîne (Outsourcing Compliance Supervision – Chain Renunciation), by 🕴️Yanisse Benrahou Section 6 ♦️ Le devoir de vigilance est-il soluble dans le droit des contrats administratifs ? À propos des articles L. 2141-7-1 et L. 3123-7-1 du Code de la commande publique (Is the Duty of Vigilance Soluble in the Law of Administrative Contracts? On Articles L. 2141-7-1 and L. 3123-7-1 of the French Public Procurement Code), 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 the 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 Barbièri 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 ♦️ Compliance : des clauses relevant du droit commun des contrats ? (Compliance: Clauses Falling under General Contract Law?), 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 🕴️Étienne 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 🕴️Thibaut 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-Bethan 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: L. Laref (ed.), Compliance et vigilance bancaire. Contribution des acteurs bancaires et financiers à la LCB-FT (Compliance and Banking Vigilance. The Contribution of Banking and Financial Actors to AML/CFT), preface by N. Vasse, “Régulations & Compliance” series, Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz, forthcoming. - 🧮This book follows the colloquium Compliance et vigilance bancaire : la participation des acteurs du secteur bancaire et financier à la LCB/FT, at which Marie-Anne Frison-Roche spoke: 🎤“Obligation de compliance et gouvernance bancaire” (Compliance Obligation and Banking Governance). - 📝Contribution by 🕴️Marie-Anne Frison-Roche: « La contribution des banques à la lutte contre le blanchiment de capitaux et le financement du terrorisme, illustration de l’Obligation systémique de Compliance » (The Contribution of Banks to the Fight against Money Laundering and Terrorist Financing, an Illustration of the Systemic Compliance Obligation). - ► Read the presentations of the other books in the series: the following books: 🕴️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.), 📕Compliance et Contrat, forthcoming 🕴️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 all the books of the series. - ► Provisional table of contents: PROVISIONAL TABLE OF CONTENTS (in French) Preface by 🕴️Nicolas Vasse, Executive Director of the Anti-Money Laundering Authority (AMLA) ♦️ Avant-propos (Foreword), by 🕴️Céline Haye-Kiousis, President of the Association Nationale des Juristes de Banque (ANJB, French National Association of Bank Lawyers) PERSPECTIVE GÉNÉRALE (General Perspective) ♦️ La contribution des banques à la lutte contre le blanchiment de capitaux et le financement du terrorisme, illustration de l’Obligation systémique de Compliance, by 🕴️Marie-Anne Frison-Roche PREMIÈRE PARTIE (PART ONE) LA DIFFUSION DE LA COMPLIANCE DANS LE SECTEUR BANCAIRE ET FINANCIER (THE DIFFUSION OF COMPLIANCE IN THE BANKING AND FINANCIAL SECTOR) ♦️ Quelques rappels terminologiques utiles…, by 🕴️Jérôme Lasserre Capdeville DEUXIÈME PARTIE (PART TWO) LA RÉCEPTION DE L’OBLIGATION DE COMPLIANCE PAR LES PROFESSIONNELS DU SECTEUR BANCAIRE ET FINANCIER (THE RECEPTION OF THE COMPLIANCE OBLIGATION BY BANKING AND FINANCIAL SECTOR PROFESSIONALS) ♦️ La réception de la compliance LCB-FT par le secteur bancaire et financier. Modalités d’appropriation, dysfonctionnements structurels et éthique comme condition d’effectivité, by 🕴️Jennifer Marchand ♦️ L’obligation de compliance LCB-FT, moteur de transformation des pratiques en matière de crédits et de garanties, by 🕴️Patricia Le Besnerais TROISIÈME PARTIE (PART THREE) LA MODULATION DES OBLIGATIONS DES PROFESSIONNELS DU SECTEUR BANCAIRE ET FINANCIER EN MATIÈRE DE LCB-FT (THE MODULATION OF THE AML/CFT OBLIGATIONS OF BANKING AND FINANCIAL SECTOR PROFESSIONALS) ♦️ Le banquier face au défi de la vigilance : entre exigences contradictoires et responsabilités croissantes, by 🕴️Paula Seixas et 🕴️Romain Ducatez ♦️ L’harmonisation européenne face à la modulation de l’obligation de vigilance : les enseignements de l’AMLR, by 🕴️Cassandre Degrande QUATRIÈME PARTIE (PART FOUR) COMPLIANCE ET PERFORMATIVITÉ : LES ENJEUX AUTOUR DE LA REGTECH DANS LE SECTEUR BANCAIRE ET FINANCIER APPLIQUÉE À LA LCB-FT (COMPLIANCE AND PERFORMATIVITY: THE STAKES OF REGTECH IN THE BANKING AND FINANCIAL SECTOR APPLIED TO AML/CFT) ♦️ Compliance, performativité et RegTech : la reconfiguration des dispositifs de vigilance bancaire en matière de LCB-FT, by 🕴️Gurvan Branellec ♦️ Les observations de l’ACPR sur l’usage de l’IA par les banques et néobanques — entre avancées et nouveaux défis (titre provisoire), by 🕴️Jean-Christophe Cabotte PROPOS CONCLUSIFS (Concluding Remarks) - 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, 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

▶ click on the image to watch the episode on YouTube - ► Full reference: M.-A. Frison-Roche, “Leaving Conformity Behind”, in series of drawn videos Compliance in Motion, episode 1, 25 September 2026 - ► Summary of this episode of Compliance in Motion: Less than a minute, not a word spoken. A man is buried under files: he complies, with every regulation, every one of them. Then the machine takes his place and does better than he can — it files, it drafts, it will write the contracts, the judgments, the law. Above him stands the Compliance Ogre, who knows only one sentence: “Obey, or I will punish you!” If conformity were the goal of Compliance Law, the matter would be settled: the algorithm would achieve it better than we can. But that is not the goal. Compliance Law was invented to preserve the systems in which human beings live. Its Monumental Goals are its legal foundation; it is through them that it is distinguished from conformity, which is only its instrument. Leaving conformity behind is therefore not leaving Law behind: it is entering it. One episode every two weeks, in French and in English. The series also has its Instagram account: mafr.compliancetech. - 🌐 watch this episode of the series on YouTube: Compliance in Motion watch this episode of the series on LinkedIn: Compliance in Motion 🎬 watch this episode of the series below Compliance in Motion ⬇️ - Compliance in Motion, by mafr the series of drawn videos devoted to Compliance Law ComplianceTech® - 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, “Considérer la géographie juridique africaine pour y réussir l'obligation de vigilance" (Taking into account the legal landscape in Africa to fulfil the Vigilance Obligation), in E. Da Allada (ed.), Devoir de vigilance, quelles perspectives africaines ? (The Vigilance Duty: what African perspectives?), Lefebvre-Dalloz, “Thèmes et Commentaires” series, 2026, pp. 235-235. - 📝Read the article (in French) - 🚧read the bilingual working document on which this article is based - 🎤read the presentation of the conference  which summarised this topic - ► Summary of the article: The French ‘Vigilance’ Act of 2017 incorporated the technical provisions and the spirit of the ‘Sapin 2’ Act of 2016. They share a common ambition. They have been, and remain, a source of both controversy and fervour. At their heart lies the establishment of a “compliance obligation”, for which vigilance techniques form the “vanguard” in serving a grand ambition: to protect systems from present and future risks in order to safeguard the people involved in them. The passion that continues to surround the Vigilance Act – which gave rise to the CS3D Directive – is not a good thing, because the law and passion are never allies. Some are passionately committed to the triumph of vigilance by forcing companies to perform miracles, whilst others are passionately committed to the destruction of all the legislation that has established the very concept of this compliance law, built upon these monumental humanist goals. But let us recognise that in these debates on the Duty of Care, which is being legally implemented across value chains,  Africa is often cited as an example in a general discussion. It is not often considered as a distinct case in its own right. No account is taken of its strengths or its own legal mechanisms, even though value chains – particularly industrial ones – so often lead to it, both now and in the future. Through analyses of the duty of care, Africa is perceived as a place of retribution or of a new form of paternalism, and when its future is considered, prospects seem to be lacking, even though the very purpose of compliance – and therefore of due diligence – is the future.  If we take a less confrontational view and focus more on the ‘legal geography’ of African countries and their social and inter-state structures  social and inter-state structures, we can see that concern for others – both present and future – which ultimately constitutes the Monumental Aim of Compliance Law and thus of the Duty of Vigilance – is more prevalent in Africa than it is in Europe, which is now built upon legal individualism. This concern for others is reflected in legal mechanisms akin to mediation and various legal structures that our own institutions would do well to take on board – our legislators before adopting legislation, and our judges, who could listen to them as amici curiae before always reaching a decision. If we turn our attention to the African continent, where a segment of the value chains operates, and to the way work is organised, it becomes clear that here too, legislation and sanctions are not the whole story. Compliance techniques that make use of soft law and the contractual arrangements underpinning the chains themselves can remove the element of abstraction that is, by its very nature, inherent in general legislation. Making progress through contracts, under the scrutiny and with the support of the courts, is an approach that could prove more fruitful than well-intentioned legislation – which served as a catalyst – given the prominent role of Contract Law within OHADA. This serves to enhance the judge’s importance. The judicialisation of compliance is also linked to the growing connection between compliance and contracts. However, it appears that not only can European judges specialising in due diligence thus rule on matters concerning Africa – a continent they can only know from a distance (though it is the lot of every judge to be an outsider) – but African and inter-state courts, notably through OHADA, can address the duty of care because value chains are constituted by contracts. By developing it not as a foreign concept to be assimilated, but as something that expresses the very heart of the law in Africa: concern for others, solidarity, and the search for compromises and solutions to ensure that the social and environmental – that is to say, human – system continues to thrive tomorrow. - 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 MaFR Law & Art Newsletter

► Full Reference: M.-A. Frison-Roche, "La part du gracieux dans le traitement juridictionnel de la compliance (The role of Discretionary Jurisdictio in the judicial treatment of Compliance cases)", in Mélanges Dominique d'Ambra, Liber Amicorum, Lefebvre-Dalloz, 2026, pp. 175-196. - 📝read this article (in French)  - 🚧read the bilingual Working Paper, base of this article - ► English summary of this article: Based on the definition of Judicial Office, the procedural principles that derive from it and the consequent powers that judges exercise, the objet of this study is to measure the degree of discretion that exists in the judicial treatment of compliance, without direct consideration for the dispute between litigants. This part is very ignored, when it should be given top priority. Indeed, because Systems are involved in compliance cases brought before civil or commercial judges, we are seeing a development of this discretionary element in judicial fonction. Discretionary matters differ from unilateral discretionary procedures, and this discretionary element relates to what the judge examines, possibly in the context of a dispute. The first part of this contribution therefore aims to describe the natural development of the discretionary power of the judge to deal with compliance cases brought before them. This role stems from the fact that, even when triggered by a dispute, what is submitted to the judge is a situation composed of a system, which cannot defend its interests before the civil or commercial judge in this Systemic Litigation arising from the very nature of Compliance Law and the Compliance Obligations it engenders on systemic entites. Moreover, it is the Future whose interests must be considered and protected, which the judge must do directly. This leads to the second part of the contribution, calling for a rethinking of the procedure and the role of the Compliance Judge, so that ex gratia matters can be dealt with. The judge must therefore verify that there are no conflicts of interest between the litigants, including hidden ones, and must learn about the systems involved. The inquisitorial principle must therefore be strengthened. But at the same time, since the primary aim is not to settle a dispute but to resolve a systemic problematic situation, the judge must facilitate the movements of the parties, and the adversarial principle must also be strengthened. Must be encouraged this activation of a powerful and discretionary approach, not as an exception but as a principle fully articulated with a contentious principle, with the dispute being only a means used by the necessary parties to enable systemic compliance situations to be resolved. -  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, "La définition juridique du Contrat de compliance (The legal definition of the compliance contract)", in Journal of Regulation & Compliance (JoRC) published by the Centre for Research on Justice and Conflict Resolution (CRJ) and the Centre for Research in Economics and Law (CRED) at Panthéon-Assas University (Paris II), Le "Contrat de compliance" (The "Compliance Contract"),  Paris II Lecture Theatre –  87 Rue Notre Dame des Champs, Paris, 12 June  2026. - 🧮view the full programme for the event - 📶view the slides (in French) - read the presentation made on LinkedIn - 🚧Read the bilingual working paper on which this conference is based   - 📝This lecture will form the basis of a contribution to the book, 📕Compliance et Contrat (Compliance and Contracts),  To be published in the 📚Regulations & Compliance series, a book co-published by the Journal of Regulation & Compliance (JoRC) and Lefebvre-Dalloz. - ► Overview of this lecture : The lecture is divided into three parts. In the first part, the aim is to describe the reality of the “Compliance Contract”, which can be defined as the decision taken by an entity subject to a “Compliance Obligation” (most often a company, but it may also be a administrative organisation) to entrust the fulfilment of that obligation to a third party. This does not diminish the entity’s obligation to be accountable for the compliance structure, nor for its ability to produce the expected outcomes, in particular the behaviours that will contribute to achieving the Monumental Systemic Goals for which the compliance frameworks were adopted. This outsourcing is lawful; its contractual form falls under Contract Law and the principle of contractual freedom. Even if one considers that, since the subject matter of the contract is Compliance itself, it would constitute a ‘Systemic Contract’—just as Compliance Litigation is ‘Systemic Litigation’—its fundamental nature is indeed a bilateral relationship between a client and a professional (who is often subject to professional rules and codes of conduct). Indeed, there are legal consequences to this practice of “Compliance Contracts”, because it is the Compliance System that is thereby served: on the one hand, “regulatory clauses” will be inserted, whilst others will be removed (“deemed unwritten”). Contractual freedom remains the guiding principle, however. In Contract Law, it would be appropriate for the contracting parties to refer to this contribution to the Monumental Goals, which constitute the  fundamental legal norm of the Compliance System, if only to guide the contract Judge who may be called upon in the event of a dispute, as the interpretation of the parties’ intentions must be carried out in a teleological manner. In the second part, the relationship between this "Compliance Contract" and the various "Compliance Clauses" is analysed. The two should certainly not be confused, since, quite apart from these highly specific contracts through which the various compliance techniques are entrusted, in their drafting and management, to third parties, who thus become the experts, there are also clauses inserted into numerous contracts (sales, distribution, manufacturing, service, etc.), clauses which aim, amongst many other clauses serving different purposes, to incorporate compliance considerations into the contract. But first and foremost, the Compliance Contract contains numerous clauses specific to it, which often derive from compliance system, since Compliance concretisation is the very purpose of this specific contract, et nothing else: it is therefore logical that, by way of a ‘transparency effect’, the legal Compliance Systemic requirements should be incorporated into the isolated contract. Secondly, and more significantly, many various contracts contain clauses that provide for the triggering of a “Compliance Ccontract”. For example, when an audit clause is linked to a specific event and the provision stipulates that a contract will then be entered into with a particular expertal body or person, this will generate a Compliance Contract in a second time. The link between the two may give one of the contracting parties control over the other, notably if the expert is close to them. If the links between Compliance Contracts and Compliance Clauses are developping, this could lead to a return to vertical integration. Competition Law may be justified in looking into this.  It appears that, once we have distinguished between Compliance Contracts and Compliance Clauses, and then linked them together, we can arrive at a Contractual Compliance Strategy that is both legitimate and effective, provided that it contributes to the achievement of the Compliance Monumental Goals set by the political and public authorities.  Indeed, as soon as we distinguish between “conformity” – which is intended solely to compel the operator to obey all applicable regulations blindly and mechanically – and “Compliance Law”, which is legally guided by Monumental Systemic Goals, this contractual strategy becomes essential.   Part Three sets out to clarify the scope of this Compliance Contract. The first implication concerns the Compliance System itself, of which it forms a part; the Compliance Contract having the welcome effect of increasing the operator’s contribution to the achievement of the Monumental Systemic Goals (ensuring that systems – banking, financial, transport, energy, climate, digital, etc.—do not collapse and do not crush human beings, but rather benefit the human beings who are involved in them, whether willingly or not). To this end, the contract must enable the operator – where necessary by means of express provisions – to demonstrate its credibility in contributing to the achievement of these Monumental Goals. Reliable pathways and credible structures must be established. In the cas of technical implementation is outsourced by a Compliance Contract, this obligation to provide evidence may be undermined. To compensate for this, the Compliance Contract may itself include provisions relating to portable technical information, support available through the client's accountability mechanism, or even in the event of legal proceedings. The second aspect concerns the contractors themselves, who adapt their intentions and are bound, above all, by this “little law” which is any contract for the parties. This perspective is surprisingly underdeveloped in practice, no doubt because in Law, when considering Compliance, reference is made to unilateral “regulations” and the vertical relationship of obedience that it engenders in the operator.  This changes with the transformation of "conformity" (which is that) in "Compliance Law" (which is based on Monumental Systemic Goals and justifies contracts). The third aspect concerns third parties, namely the stakedholders (and competitors…). These third parties benefit from Compliance Contracts because they are integrated into the Compliance System and because of the transparency between this system and the Compliance Contracts. In fact, and more technically speaking, this specific Cgreement provides them not only with a accountable(the company, the public body, the State), but also with a contractual debtor. Stakeholders may assert rights against the latter. However, because the contracts themselves are also enforceable against third parties, they can anticipate these relationships with third parties – not only the competitors of the entity subject to the Compliance Obligation, but also its own relationship with stakeholders, and even its relationship with public authorities. Indeed, the object (and effect) of the Compliance Contract is to produce and build up Information that is of interest to everyone. The result is a ‘treasure trove of evidence’. A key question is how, and whether, this treasure trove can remain within the circle of the contracting parties or not. Indeed, the fourth area concerns Public Authorities. As the bodies that “uphold” the compliance system, they consider the Compliance Contract to be legitimate and one of the most effective means of ensuring that regulations are effective, efficient and properly enforced; however, they also wish to benefit from the outcome of the contract’s implementation: to access the systemic information it generates. The contracting parties do not always share this view, but the Compliance Contract is not a means of “obeying” regulations. It is the Judge who will certainly address this question of principle, which relates to the very definition of Compliance Law. This brings us to the fifth area of application, which concerns the Courts. Indeed, a number of courts are responsible for hearing such cases: the contract courts, the competition courts, the courts overseeing the various systems whose sustainability is thus safeguarded, and the courts specialising in vigilance legal duty  (which is the cutting edge of Compliance Law).  The issue of the “natural judge” was examined at the symposium held on 29 May 2026 on: Contractual litigation involving compliance: procedural and jurisdictional aspects. The judge hearing the contract case (civil or commercial judge) will tend to refer first and foremost to the contract. This is also why the Compliance Contract conceptor would be well advised to include provisions in its terms regarding its relationship with the Compliance System, so that it is not the authorities of that system who do so in a too much discretionary manner. In understanding the "Compliance Contract", as Iit was emphasised in 2022, in the judge’s interpretation of the contract, the judge is required to reconcile the parties’ intentions with a teleological approach, that is to say, to establish that the parties intended to serve the purpose of the expertise thus requested and developed (for the operator and ultimately for the stakeholders and for the system itself).  By establishing this convergence, the judge gives full effect to the Cmpliance Contract. Rather than framing the issue, as is so often done when reasoning in terms of ‘conformity’, as a conflict between contractual freedom and public policy (conformity serving a public policy that would be contrary to the contract, inferior norm in the vertical normative hiercharchy).  It must be accepted as a fundamental principle that contractual freedom, freedom of contract and a competitive market for compliance expertise are the most effective means of developing a Compliance System that will safeguard interconnected  different systems and protect the people involved in them. - ⛏️Find out more  : 🕴🏻M.-A. Frison-Roche, 📝Compliance contract, compliance clauses, 2022 🕴🏻M.-A. Frison-Roche, ⚙️Compliance and Contracts, - Follow Marie-Anne Frison-Roche on LinkedIn follow Marie-Anne Frison-Roche on Instagram s'abonner à la Newsletter MAFR Regulation, Compliance, Law Subscribe to the video newsletter MAFR Overhang Subscribe to the MaFR Law & Art newsletter