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ARTICLE · 24 OCTOBER 2018

New Legislation | In Brief: The Right To Error

The French government just passed a law that changes the rules for companies that make a first time mistake in good faith concerning an administrative obligation

FranceGovernment, Public Sector

The French government just passed a law that changes the rules for companies that make a first time mistake in good faith concerning an administrative obligation: they can no longer be the object of a financial penalty or deprived of a benefit in repercussion of that first mistake! It's called "the right to error"! It however does not concern the obligations of an employer towards its employees, towards the Administration.

So, what is it?

The right to error rests on good faith: the burden of proof is reversed, it will be up to the administration to show that a person or company has demonstrated bad faith in making the error.

This is the possibility for every person or company to make a mistake in their statements to the administration without risking a penalty for the first violation. Everyone must be able to rectify - spontaneously or during a check - when the mistake is made in good faith.

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