Software sapin 2
Conflicts of interest module
This module centralizes and simplifies the process of preventing conflicts of interest, while adapting to the specific needs of your organization.
The benefits of our conflicts of interest module
Centralize all your conflict of interest declarations
Integrate any specific features of your organization’s conflict of interest prevention and management policy, and enable any employee to enter a new declaration, whether to report a conflict of interest or an absence of conflict of interest.
Benefit from dynamic, real-time reporting
Ensure regular communication with all stakeholders through indicators and reporting covering the different stages of your system, enabling you to assess and manage declarations of conflicts of interest within your organization.
Centralized, up-to-date documentation
Ensure the centralization of documents relating to a conflict of interest request, from information and documents filed by the requestor, analyses and reviews to any action plans.
Combine automated and human checks
Once the initial declaration information has been completed, an automated check verifies its compliance with your organization’s internal policies, guaranteeing a first layer of validation.
Field customization
Add, delete or rename fields describing a declaration of conflict of interest or an action, with the option of defining mandatory fields.
Workflow
The application’s settings enable the activation of specific notifications for each user in the event of a change in the status of an item, such as when a declaration must be filled in or has been completed, while offering the possibility of configuring as many levels as necessary for the validation of the evaluation of a conflict declaration.
Scoring
Configure scoring criteria for each type of conflict, from the simplest to the most advanced options.
Reporting
Opt for dynamic, intuitive dashboards that give you a 360° view of your activity, with data breakdowns that allow you to visualize activity (declaration/application status; breakdown by nature of declaration of conflict of interest or absence of conflict of interest).
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VALUES ASSOCIATES undertakes to keep the processed PIIs only for the time necessary for processing, plus the legal limitation periods during which the information will be archived for any accounting, tax or legal claim. Please read our privacy policy for more information on the data processing we carry out and the rights you have regarding your personal data.
What does the Sapin 2 law say about conflicts of interest?
In the public sector, conflict of interest is defined by the law of October 11, 2013 on transparency in public life. This term describes “any situation of interference between a public interest and public or private interests likely to influence or appear to influence the independent, impartial and objective exercise of a function”.
In the private sector, there are no regulations governing conflicts of interest. However, companies are no less concerned by the risk of corruption. By extension, a conflict of interest is considered to be any situation in which a public or private function interferes with a personal interest. Personal interests may be economic, financial, political, trade-union, family, friendly or associative. It may directly concern the individual or someone close to him or her.
Conflicts of interest can arise, for example, when a supplier responds to a call for tenders managed by someone in his or her family circle. Or the head of a real estate company who wants to buy a plot of communal land in a town administered by a long-standing friend. Or a child applying for a job in the company where one of his parents works.
What are the risks?
Conflicts of interest pose a high risk of corruption for an organization, due to the ties that bind two people together. This is why they are at the heart of the Sapin 2 law, which requires large companies and certain public institutions to identify them in their corruption risk mapping.
Conflicts of interest are not in themselves criminal offences. The law punishes exploitation for personal gain.
The offences of private corruption, public corruption and influence peddling, as well as illegal interest-taking, are severely punished by law. What do they have in common? They all stem from a situation where a personal interest prevails over the interests of the organization, influencing action or inaction.
The organization is encouraged to clearly define its procedures and rules, i.e. :
➡️People concerned by the gifts and invitations policy: company officers and directors, elected representatives of the local authority, employees, public and private-sector employees, casual workers (temporary staff, apprentices, trainees, etc.), third parties (suppliers, intermediaries, etc.), etc.
➡️Rules for offering or accepting a gift or invitation: using concrete examples, the internal policy precisely defines the reasons for offering or receiving gifts and invitations (public relations strategy, sponsorship, patronage, representation and protocol missions, etc.). It determines the acceptable nature, amount and frequency of gifts and invitations offered and received. It describes the situations in which it is strictly forbidden to receive such gifts and invitations (calls for tender or public procurement procedures, gifts involving a close relative, etc.).
➡️Authorization procedures: depending on the nature and amount of the gift or invitation, management may delegate the decision to accept or refuse it to employees. It may also require the authorization of the line manager, or even the compliance/compliance team. Setting up an internal register makes it easier to monitor and control gifts and invitations offered and received.
Companies, local authorities and government agencies can protect themselves by deploying tools to prevent and manage conflicts of interest, based on the principles of the Sapin 2 law:
✅ Identify high-risk situations by mapping corruption risks
As conflicts of interest affect the personal lives of employees, it is not easy to draw up an exhaustive list. Vigilance must focus on the most sensitive processes, functions and operations, such as public procurement, commercial activities, recruitment, allocation of social rights, gifts and invitations policy, sponsorship and patronage strategy… Corruption risk mapping is mandatory for all companies, local authorities and public establishments subject to the Sapin 2 anti-corruption law.
✅ Define and formalize policy for preventing and managing conflicts of interest
Internal rules can be laid down in an internal code of conduct or a code of ethics. Clear and precise measures ensure the transparency and traceability of situations that may be influenced by conflicts of interest.
✅ Communicating the rules
By training those employees most exposed to the risk of corruption, and raising awareness among all employees.
✅ Detecting conflicts of interest
With the definition of an internal whistle-blowing procedure, the appointment of a compliance officer and the provision of a secure reporting tool.
✅ Implement appropriate remedial measures
Such as modulating the rights, delegations and authorizations of employees in situations of conflict of interest, or even excluding them from high-risk projects. Promoting collegial, objective decision-making also reduces the risk of corruption.
✅ Establish a scale of proportionate penalties
Although a conflict of interest is not a criminal offence, the law imposes a duty of loyalty on employees and public officials. Disciplinary action is taken against any employee who fails to meet this obligation, thereby harming the organization.
Why choose our conflict of interest software?
Intuitive and customizable, our Conflicts of Interest software helps you manage and prevent conflicts of interest in your company, community or administration.
100% secure, it offers a high-performance solution for a rigorous, effective policy that complies with the Sapin 2 law, while respecting your employees’ privacy.
Manage conflict of interest situations with our module developed exclusively for conflict of interest prevention.
Maintain sound, objective business relations with your partners, with complete transparency and trust.
Deployed on its own or in conjunction with the other modules in our Sapin 2 software range, the Conflicts of Interest software helps protect your organization from the risks of corruption.
FREQUENTLY ASKED QUESTIONS ABOUT MANAGING CONFLICTS OF INTEREST WITHIN AN ORGANIZATION
What is a conflict of interest?
A conflict of interest arises when a person or group is involved in several interests or activities that could impair their objectivity and impartiality in decision-making. This can occur when the personal interests of an employee or executive conflict with those of the organization.
How can an organization identify conflicts of interest?
An organization can identify conflicts of interest by :
- Establish clear policies and reporting procedures.
- Encourage transparency and openness among employees.
- Carry out regular audits and compliance reviews.
What are the risks for an organization if conflicts of interest are not properly managed?
Risks include :
- A loss of credibility and trust with stakeholders.
- Biased or unfair decisions that could harm the organization’s interests.
- Legal and financial consequences of non-compliance with regulations.
What's the best way to declare a conflict of interest?
Employees must declare a conflict of interest by following the organization’s established procedures, usually via a conflict of interest declaration form, which can be submitted to a compliance officer or ethics committee.
How can you prevent conflicts of interest in your organization?
Conflicts of interest are organizational loopholes into which corruption can slip. A proven case of corruption undermines the company’s economic equilibrium and destabilizes the community’s budgetary management. It tarnishes the company’s image and reputation, and reduces the confidence of partners, customers, constituents and users.