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- Title
Between a Rock and a Hard Place: The Conflict Between U.S. Corporate Codes of Conduct and European Privacy and Work Laws.
- Authors
Pagnattaro, Marisa Anne; Peirce, Ellen R.
- Abstract
For several decades now, publicly-held corporations have been adopting codes of conduct to further both US. federal law and corporate goals. The implementation of such codes, however, is creating a legal conundrum for those firms seeking to operate transnationally and, in particular, in the European Union. At the heart of the problem is the incongruity between US. and European perspectives on human rights and worker privacy. Recently, in three cases heard in France and one in Germany, the codes of conduct of US. companies were held to be in violation of European human dignity laws and work and data protection laws. This Article examines in detail the conflict that arises as transnational corporations attempt to comply with both US. law and data protection and privacy laws in Europe. Part II reviews the history of US. corporate codes of conduct. Part III examines the legal derivation for certain provisions of these codes of ethics, with particular reference to the Federal Sentencing Guidelines and the Sarbanes-Oxley Act (SOX). Part IV reviews privacy law in the European Union and analyzes the four European cases that have been reported to date. Finally, Part V makes recommendations as to how companies may satisfy the duality of compliance with SOX and with European laws.
- Subjects
UNITED States; CORPORATIONS; CODES of ethics; FEDERAL laws; HUMAN rights; DATA protection laws; DIGNITY; EUROPEAN Union; UNITED States. Sarbanes-Oxley Act of 2002
- Publication
Berkeley Journal of Employment & Labor Law, 2007, Vol 28, Issue 2, p375
- ISSN
1067-7666
- Publication type
Article