Secure your contracts with ethical clauses

The company's commercial activity is based on a multitude of contracts with third parties (customers, distributors, suppliers, intermediaries, consultants, etc.). These contracts are usually negotiated and their drafting of contracts is therefore essential to protect the company's interests in the event of litigation.

Emergence of ethics clauses

Ethics clauses are increasingly intended to ensure compliance with the principles contained in the parties' codes of ethics.

These clauses concern, for example, the fight against corruption, compliance with competition rules, the protection of personal data, international trade rules and social and environmental commitments.

Scope of the Ethics Clauses

Often considered as "standard" clauses, their impact can nevertheless be critical in the event of litigation, without their scope always having been well perceived when the contract was concluded, particularly in an international context.

This is particularly the case when the company subscribes to commitments based on its own code of ethics without itself having ensured that their employees are respected through effective training processes and plans.

Similarly, by agreeing to abide by a business partner's code of ethics, which is often the case when contracting with a group with a strong compliance program, it may find itself exposed to unanticipated risks, especially if it does not have a legal department.

In addition, a company that does not or does not sufficiently assess the integrity of its business partners may find itself the victim of business practices that are contrary to its own business ethics, particularly in terms of corruption.

How to protect yourself?

The selection of partners, the drafting of ethical clauses and the monitoring of their compliance are essential to ensure the sustainable growth and competitiveness of the company.

A periodic audit of your contracts makes it possible to assess the scope of the ethics clauses and, if necessary, to renegotiate them or take compliance measures in line with the company's activity.

We are at your disposal to carry out a contractual audit in order to assess the scope of the ethics clauses and, if necessary, renegotiate them or take compliance measures in line with the company's activity.

We can also rely on Isope's skills for the implementation of digitalized compliance solutions.

Contact

Contact Person Picture

Jean-Yves Trochon

Avocat au barreau de Paris

Senior Counsel

+33 6 13 88 57 52

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Contact Person Picture

Hugues Boissel Dombreval

Avocat, Attorney-at-law

Associate Partner

+33 6 12 50 47 17

Envoyer la demande