Ethical compliance referential
The ethical compliance referential provides a framework for implementing the principle of “acting in accordance with laws and regulations”. It outlines how the Group is organized to help implement all of the Group’s ethics procedures and tools for monitoring compliance.
The ethical compliance referential comprises:
Annual ethics compliance procedure
The compliance procedure allows to ensure that all legal and regulatory requirements, as well as all voluntary commitments taken by the Group, BUs and entities regarding ethics and compliance are respected.
All of the Group’s ethics and compliance officers must produce an annual report of progress made by their entity in terms of its ethics and compliance organization in application of ENGIE’s rules and procedures, as well as any possible provisions made or specific actions taken by the entity itself. The report is accompanied by a compliance letter from the entity director certifying its responsibility and commitment to applying the ethics programme throughout the organization under his/her responsibility. The report is submitted to the upper level entity.
The Group compliance report is presented to the to ENGIE Board of Directors’ Ethics, Environment and Sustainable Development Committee (EESDC).
The compliance process includes an obligation for BUs, entities, businesses and functional lines of the Group to report any suspected ethics incidents as soon as they come to their knowledge. To do this, INFORM’ethics is the Group managerial tool for reporting ethics incidents. It allows the reporting and handling of ethics incidents in six areas: accounting and financial integrity, conflict of interests, social responsibility and human rights, business ethics, confidential information, and the protection of intangible assets.
The INFORM'ethics process requires a notification obligation that applies to all these types of ethics incidents, whether they are allegations or proven incidents, and regardless of the monetary value concerned. No whistleblower identity or identity of any accused person is entered in the tool. Each reported matter is reviewed and/or investigated. Every substantiated matter is sanctioned. For every substantiated matter it is assessed which measures are required to prevent repetition in the future. In 2016, 179 notifications were made, of which approximatively 50% were integrity-related matters (cf. relating to domains accounting and financial integrity, conflicts of interests and business ethics). Most of those incidents were brought to the knowledge of the Group internally. On average, in the previous years, approximately 40% of all matters reported via INFORM'ethics were substantiated ethics incidents (either at a time of notification or after examination) and were therefore sanctioned.
The INFORM’ethics tool makes it possible to track the treatment of each incident until it is closed. Thorough knowledge of ethical incidents and their treatment helps to prevent ethics risks and implement corrective measures.
The ENGIE compliance committee evaluates the treatment of ethics incidents and monitors the process for updating the Group’s Ethics & Compliance programme.
This topic is reported to ENGIE Board of Directors’ Ethics, Environment and Sustainable Development Committee (EESDC).
Embargo measures place restrictions on international economic exchange and the free movement of persons. These measures are taken unilaterally by one country or international body in the form of sanctions. They apply to other national governments or criminal organizations, their citizens or members (persons and legal entities) and pertain to economic activities.
ENGIE’s embargo policy defines the rules applicable in the Group for all questions relating to countries or people (individuals or legal entities) subject to an embargo. It outlines the stakes for the Group in relation to embargoes and sets rules for how to proceed in various identified cases.
Policy on the incorporation of ethics into HR processes
This policy details the Group's ethics requirements for Human Resources processes. It applies to all Group employees, the Group entities (BUs, subsidiaries, functional lines, and other managerial entities) ensuring its implementation. It covers the following areas: recruiting, welcoming, sensitive positions regarding ethics and compliance, training, annual appraisal, end of employment contract, whistleblowing and sanctions.
Binding Corporate Rules
ENGIE handles personal data, including those related to its employees as part of human resources management. Aware of the sensitivity of these data, the Group has set up Binding Corporate Rules (BCR) to ensure their protection in case of transfer outside the European Union.
With these BCR, approved by all European data protection authorities, ENGIE joined the circle of companies that pay particular attention to the protection of personal data.
For any questions regarding the protection of personal data, please contact the Data Privacy Department at the following address: email@example.com.
ENGIE attaches the utmost importance to complying with rules of competition, and refuses any practice that violates these rules. Its employees are encouraged to behave irreproachably towards their competitors, customers, suppliers, subcontractors and prospects. Prohibited behavior includes: unlawful agreement, abuse of dominant position, and discriminatory, excessive or predatory prices.
ENGIE prohibits all disloyal practices, for example collusion with competitors, which have the aim of:
- Bid rigging
- Fixing a purchase or sales price
- Exchanging of insider information
- Limiting production, investments, innovation and their use
- Sharing or segmenting markets, outlets or supply sources, be this by territory, customer type or any other criteria
- Eliminating a competitor, customer, supplier, or newcomer on the market
The Group also has an internal expertise center in competition law, which has a competence in principle (mandatory referral) enabling it to deal in a consistent manner and in the best interests of the Group with all competition law issues.
NB: GDF SUEZ Ethics & Compliance documents available on www.engie.com apply within the ENGIE group until they are replaced.