2. How does due diligence work?
Due diligence is based on two types of information.
2.1 OSINT
The first type is OSINT (Open Source Intelligence). This involves the collection and analysis of publicly available data (articles, reports, social networks, etc.).
There are three questions to ask yourself to guide your research/monitoring: What do I know? How do I compile my information assets? What don't I know? Deduce the informational liabilities (What am I looking for/watching for?) and investigate to find the missing information.
OSINT sources include partners (subcontractors, suppliers, customers, competitors, trade associations, etc.), information providers (press, bookstores, libraries, data banks, information centers, etc.) and institutions...
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Bibliography
AMICO (Th.) - Compliance or the transition from ex post to ex ante: a Copernican revision for the criminal lawyer (2021).
BÉAL (S.), MARGUERITE (M.), TROCHON (J.Y.) et VERDUN (F.) - Les risques juridiques liés à la mise en place d'une démarche éthique dans l'entreprise . in Cahiers de Droit de l'entreprise n° 4 (2012).
BOULOC (B.)...
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While increasing knowledge of competition law and implementing a risk-prevention strategy represents a short-term cost, this approach avoids committing infringements whose economic cost may ultimately prove much higher.
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