Duty of Vigilance and Human Rights
Large companies must prevent social, environmental, and human risks.
To comply with this law, companies must develop a vigilance plan identifying these risks and implement preventive measures. The monitoring of these measures must be ongoing.
Establishment of an effective alert mechanism is also crucial to enable companies, their management and, as the case may be, competent authorities to investigate potential failures to meet the duty of vigilance, remedies and their consequences.
Your challenges
Detect, anticipate, and address the adverse impacts on human rights and the environment resulting from your business activities.
Identify any potential adverse impact on human rights and the environment
Identifying harmful risks is challenging and requires risk mapping to identify, assess and prioritize these risks.
Identification of national and international regulatory requirements
In the context of international activities, several national laws, such as France's Duty of Vigilance Act and the German Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz), or supranational laws such as the Corporate Sustainability Due Diligence Directive (CSDD), sometimes apply concurrently, imposing obligations that are not always alike from a country to another
Managing your reputational risk: leveraging environmental, social and governance (ESG) standards to attract investors
Companies need to adjust their business models to meet Corporate Social Responsibility (CSR) standards in order to attract investors who view environmental, social, and governance (ESG) criteria as key factors for their investments. Failing to comply with these standards can damage the company’s reputation.
Implementing a rigorous due process and compliance program
The company must have :
o evaluation procedures for subsidiaries, affiliates and other business partners
o suitable actions to mitigate risks and prevent serious
violations,
o an alert and reporting mechanism,
o a monitoring and evaluation system for these measures.
Managing your litigation risks
Failure to comply with the duty of vigilance can lead to civil penalties as well as civil and commercial liability. In addition, the involvement and interplay of various regulatory and even judicial authorities can make investigation procedures inherently complex and difficult for companies to manage.
Anticipate the company’s representatives’ potential personal exposure
Company representatives may, in some cases, face criminal, civil or commercial liability – in their personal capacity for negligence in preventing and addressing adverse human rights and environmental impacts resulting from the company’s activities.
Our way
Tailor-made support in sustainable business transition by enhancing companies’ corporate social responsibilities (CSR) as well as their investor-driven actions on sustainability and human rights.
15 years' experience in the prevention and detection of non-conformities and breaches of legal and regulatory obligations
We conduct extensive internal investigations, social impact and supply chain compliance audits to determine the level of corporate risk, assess the adequacy of compliance programs, to provide the most favourable solutions for our clients in their business transition. We also assist in financial and non-financial reporting.
Assisting CSR and compliance Departments within companies
Navacelle assists CSR and compliance Departments in implementing due diligence measures that are proportionate and appropriate to their obligations and to the prevention of risks.
Expertise in the establishment of ethical norms within businesses
Navacelle assists clients in identifying their priorities and in risk mapping (Data protection Regulation, Sapin II, duty of vigilance) as well as in drawing up ethical charters, codes of conduct, Human Rights policies, diversity/anti-harassment policies, and internal charters, including whistleblowers’ protection.
Tailor-made support before the prosecution and control authorities
We assist our clients in sensitive and complex criminal, civil or administrative proceedings related to corruption, influence peddling, offence against the environment and human rights infringements. We defend their interests before criminal prosecution authorities (PNF, DOJ, SFO) and inspections authorities (AFA).
Assistance in litigation concerning the implementation of the duty of vigilance
With 15 years' experience in criminal, commercial and administrative litigation, Navacelle assists clients before the French courts in disputes relating to the implementation of obligations linked to the duty of vigilance.
A strong inter-professional and international network of trusted partners
Thanks to our trusted partners (experienced and specialised foreign attorneys, Forensics, strategy and risk management consultancies, alert processing system providers), we offer our clients the most comprehensive service possible at the lowest cost.
Accolades
The firm is very adaptable to changing circumstances and able to respond quickly to increases in workload requirements.
A very good sense of the overall strategy in any case.”
CORPORATES
“ Excellent ”
★ ★ ★ ★ ★
EXCEPTIONAL WOMAN IN THE
WHITE COLLAR WORLD
