Learn all about name and shame

Name and shame: definition and legal framework

Before knowing how to react, it's important to understand what this concept really means.

Que veut dire “name and shame” ?

Name and shame" literally means "to name and shame" . These are publicly pointing the finger at a company for behaviour deemed reprehensible:

• Late payment

• Lack of transparency

• Ethical breach

• Etc.

This practice is commonly used to social and commercial pressure .

What French law says (e.g. Sapin II law, DGCCRF)

In France, the name and shame has been incorporated into law via the created by Sapin II . Article 123 requires the DGCCRF to publish names of sanctioned companies for certain breaches, in particular late payments between professionals .

This practice is therefore framed and legal in certain specific cases.

The sectors concerned by this practice

Name and shame mainly concerns sectors where payment times are critical :

• BTP

• Transport

• Industrial subcontracting

• Retail

• Etc.

But any company can be concerned if it works in B2B. At 2023 , more than 130 companies have been publicly listed by the DGCCRF for non-compliance with legal deadlines.

Why name and shame can hurt your business?

Le name and shame is to make public certain practices deemed abusive or illegal, such as late payment. For a company, the impact can be considerable.

Damage to online reputation

Being publicly cited for late payment or unacceptable behavior tarnishes the brand's image.

At a time when 88 % of B2B buyers look for information online before collaborating, this can be enough to put the brakes on a business opportunity.

A risk of losing customers and partners

The wrong signal can lead to breach of trust .

Customers, suppliers or partners may decide to suspend or terminate a collaboration, out of caution or to protect their own reputation.

Greater exposure in the event of non-payment or late payment

Since the Sapin II Act, the DGCCRF regularly publishes names of companies sanctioned for non-compliance with payment terms .

An exposed company can find itself blacklisted without having been alerted, with direct consequences on its commercial activities.

How to avoid being "name and shamed"?

Name and shame can have a lasting impact on a company's reputation. It's better to prevent it by securing your payment processes.

Respect legal payment terms

In France, the maximum time limit is 60 days from date of invoice, or 45 days end of month if provided for in the contract.

Any violation exposes you to legal penalties and potential publication by the DGCCRF.

Set up a clear reminder system

Anticipating delays starts with a structured process.

• Automatic restart on D+5

• D+10 sales call

• Registered mail D+30

Solid, signed general terms and conditions

General terms and conditions of sale clear, up-to-date and accepted by the customer provide legal and moral protection in the event of litigation. Don't forget to include :

• Terms of payment

• Applicable penalties

• Jurisdiction clause

Centralize flows to avoid errors and disputes

The more scattered the flows, the greater the risk of delays, omissions or duplicates increase. Use a centralized solution (such as Heropay) with dashboard, history and dedicated IBANs greatly reduces these risks.

What to do if your company is the victim of name and shame?

Un name and shame can have a major impact on your image, especially if it concerns late payment. You need to react quickly and professionally.

Respond quickly and publicly if necessary

Post a clear, factual message. Show that you take the situation seriously. Don't let silence fuel controversy.

Regularize the situation as quickly as possible

If the criticism is well-founded (late or non-payment), take immediate action. Prompt payment is often the best way to stop negative communication.

Consider legal action in the event of defamation

If the broadcast content is misleading or disproportionate you can take legal action for damage to your reputation. But only if the situation warrants it, and only with the help of a lawyer.

How can Heropay help you avoid name and shame?

Heropay allows you to prevent late payments thanks to smooth, structured checkout.

Thanks to IBANs in foreign currencies a pro card with no exchange margin and a real-time payment tracking This means fewer oversights, delays and disputes.

By automating workflows and centralizing management, you can reduce friction with your partners, and therefore the risk of public exposure.