Details – expert information

Ethical Business Practice & Regulation

The Essence of Ethical Business Practice

EBP seeks to create an environment where employees can:

  • Do the right thing, based on the ethical values promoted by their company;
  • Recognize ethical dilemmas and be trained to resolve them;
  • Be open and honest, to speak up and learn from mistakes.

For organisations, this ethical culture serves to increase trust amongst their employees, regulators and other counterparts. It constitutes the necessary basis to engage with regulators and public authorities.

The Essence of Ethical Business Regulation (EBR)

Ethical Business Practice works side by side with Ethical Business Regulation. EBR can be regarded as a relationship between a business and a regulator, in which the business produces evidence of its on-going commitment to EBP and the regulator recognises and encourages that commitment.2

One of the objectives of EBR is thus to enable both business and regulators to benefit from a relationship based on mutual trust: in an ethical business culture, the objectives of internal compliance and external regulation converge.

EBR relationship involves regulators and business as trusted sparring partners, understanding the others' position and priorities. This implies having a culture of information sharing.

EBR encompasses the design and implementation of a regulatory system based on the following principles:

  • Business commitment to fair and ethical behaviour;
  • An open and learning culture, not seeking to blame;
  • A collaborative culture;
  • Proportionate responses in case of law infringements.

[2] C. Hodges & R Steinholtz, ‘Ethical Business Practice and Regulation: A Behavioural and Values-Based Approach to Compliance and Enforcement’, Hart 2017, p. 149-155)

Advantages of EBR

For governments:

  • Promoting a business-friendly environment by reducing burden on them;
  • Saving public resources by encouraging greater self and co-regulation;
  • Achieving shared outcomes, growth and innovation;
  • Reducing compliance and enforcement legislations.

For business:

  • Better performance in terms of compliance and risk reduction;
  • Improving relationships with regulators and enforcers by pursuing desired and common objectives, rather than adversarial outcomes.
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Latest News

The European Justice Forum is pleased to share its position paper, highlighting the core issues that will bring clearer finality, greater efficiency and transparency to the proposal for a Directive on Representative actions, namely:

  • A narrower definition of domestic actions;
  • Full transparency for funding and prohibition of forum shopping;
  • Avoiding duplication of redress and enforcement mechanisms;
  • Clearer definition of commonality for clarification of admissibility.

Following the Council’s agreement to a General Approach on 28th November 2019, trilogues on the Directive officially began this month, on the 14th of January, under the Croatian presidency. The European Parliament, the Commission and the Council are all committed to close the negotiations by the end of the Croatian presidency and a second trilogue will take place at the beginning of March. Until then, a series of technical meetings will be held to advance the negotiations.

The European Justice Forum is looking forward to fruitful conversations with key stakeholders during this phase, to ensure the future European collective redress mechanism will enable a fair access to justice and redress, for both consumers and businesses alike.

[Download the full position paper here ]