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  • Banking ethics rules: between soft law and legal obligations

    By Charlotte GAUCHON
    22 March 2025
    Today's banks are juggling with different standards. On the one hand, strict laws and regulations. On the other, ethical rules that are sometimes blurred. This grey area between obligation and recommendation is worth exploring to understand how these requirements fit together and what the implications are for customers. Introduction to banking ethics rules Banking ethics rules have emerged gradually, particularly since the 1990s. These professional standards fall between government regulations and the simple contractual obligations between a bank and its customer. They aim to provide a framework for the banker's professional duties that goes beyond strict compliance with the law. According to the French Monetary and Financial Code, in particular article L. 612-1, II, 3°, the Autorité de contrôle prudentiel et de résolution (ACPR) ensures compliance with the "good practices of their profession that it observes or recommends". This wording highlights the hybrid nature of these rules, which oscillate between recommendation (soft...
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