What is the due diligence obligation?
The due diligence obligation requires any principal to verify that its subcontractors and suppliers comply with their social and tax obligations. In road transport, this obligation is reinforced by Law No. 91-1383 of December 31, 1991 and the Sapin II law.
Applicable as soon as the contract exceeds EUR 5,000 excl. VAT per year
Documents that must be verified
Penalties for non-compliance
Verification frequency
Before the contract
Initial verification of all mandatory documents
Every 6 months
Renewal of the URSSAF due diligence certificate
Every 3 months
Kbis update and insurance verification
Ongoing
Monitoring alerts and changes in status
Frequently asked questions
Any principal who enters into a transport service contract of an amount equal to or exceeding EUR 5,000 excl. VAT per year is subject to the due diligence obligation, in accordance with Article L.8222-1 of the French Labour Code.
You must verify the URSSAF due diligence certificate, a Kbis extract less than 3 months old, a valid transport licence, a professional liability insurance certificate, and where applicable, the list of foreign employees.
The URSSAF certificate must be renewed every 6 months. The Kbis must be less than 3 months old. Insurance must be verified at each renewal. A comprehensive half-yearly check is recommended.
Penalties include joint financial liability for unpaid contributions, criminal penalties of up to 3 years imprisonment and a EUR 45,000 fine, and exclusion from public procurement.
Affretium automatically verifies all mandatory documents for your carriers: URSSAF certificates, licences, insurance. You receive alerts before expiration and a real-time compliance dashboard.