corporate code of conduct

corporate code of conduct, codified set of ethical standards to which a corporation aims to adhere. Commonly generated by corporations themselves, corporate codes of conduct vary extensively in design and objective. Crucially, they are not directly subject to legal enforcement. In an era acutely aware of the dramatic social and environmental effects of corporate activity across the world, such codes of conduct have become the focus of considerable attention.

Strictly speaking, there is no fixed consensus on what a CCC should cover. Stated objectives generally relate to the particular concerns of the corporation, and authors are likely internal managers and serving consultants, although sometimes in consultation with nongovernmental organizations (NGOs) and the United Nations Global Compact. Accordingly, the codes are produced in numerous formats, ranging from detailed best-practice guidelines on social and environmental issues to broad proclamations by the corporation to uphold a range of values (such as the recognition of human rights). A familiar theme is corporate social responsibility (CSR), introduced to promote the idea that corporate activities should, at the very least, avoid disruption to the wider society and preferably generate positive effects. Examples of CSR practices include the preservation of the environment through low-pollution and energy-efficient measures, the production of merchandise that is recyclable and biodegradable, and the promotion of uniform treatment of employees across labour markets, thus ensuring acceptable working conditions irrespective of local market standards (such as the refusal of child labour).

Given the formidable power of corporations and the profit motives that shape their priorities, questions remain as to the degree to which they will genuinely prioritize socially responsible behaviour and facilitate stakeholder input in corporate governance. The corporate sector’s most prominent response to these issues is CCCs.

Advocates of CCCs argue that not only is it in the interest of society to harness at least some of the inordinate wealth and power that corporations wield and reorient it toward societal benefit but it also makes good business sense. Motivated by the primary corporate objectives of minimizing risk and enhancing returns, the corporation seeks to project an attractive public image and increase shareholder investment. Codes of conduct that prescribe ethical behaviour are deemed to positively influence purchasing decisions and thus boost shareholder profit and secure new investors. They are seen as a way to mainstream ethical concerns into the core of business procedures. However, the efficacy of such codes depends upon their reliability as a gauge for actual corporate behaviour and whether stakeholders (such as consumers, governments, advocacy groups, and unions), as well as investing shareholders, can rely on their accuracy. Central to the credibility of CCCs then is comprehensive monitoring, enforcement, and transparency of corporate conduct. The corporate sector has long resisted the call for tighter centralized regulation of its activities, claiming that this would unacceptably reduce competitive capacity and depress financial growth. Instead, there has been a trend to produce publicly available CCCs and related CSR reports for the inspection of the public and shareholders alike, and a number of major corporations adopted this strategy, including McDonald’s, Gap, Mattel, Hewlett-Packard, Dell, and IBM.

Symptomatic of the criticisms leveled at the notion of CCCs is the claim that they are merely an astute public relations exercise and there is, in fact, a wide chasm between rhetoric and reality. Seemingly generous gestures, such as the donation to “good causes” of £57 million by Shell and £50 million by BP in 2004, for example, are seen as postgame philanthropic strategies aimed at sanitizing the companies’ reputations as industrial polluters.

Reports of corporate malpractice from NGOs, such as Oxfam and Amnesty International, argue that CCCs, including CSR, are at best peripheral, exerting little influence over companies’ core business activities. Certainly, CCC and CSR reporting is still relatively scarce. It is argued, moreover, that while the risk to reputation is a compelling reason for high-profile companies to produce CCCs, the vast majority of companies largely unknown to the general public (irrespective of their impact on society) are not subject to the same rationale. Many “behind the scenes” corporations and small and medium-sized businesses may have much looser connections with stakeholders and are instead motivated by the idea that “value for money” is related to baseline costs and prices unencumbered by the “extra costs” of social considerations.

Moreover, critics hold the view that corporations often give the impression that they are self-regulating bodies open to public scrutiny and yet, despite the apparent “institutionalization of ethics” in the form of CCCs, they are seldom subject to detailed inquiry. In a voluntary framework, it is reckoned, corporations are more likely to publish self-congratulatory statements, rather than the hard data that would enable stakeholders to correctly assess corporate operations. Subsequently, it is argued that only legal measures obliging corporations to disclose the relevant material will establish a true incentive for genuinely responsible corporate behaviour.

There is little doubt that corporations are vitally important social, economic, and environmental actors and that CCCs have radically improved the quality of dialogue between corporations and stakeholders. However, the degree to which CCCs transform fundamental business practices remains an open question.

Rhys Jenkins, Corporate Codes of Conduct: Self-Regulation in a Global Economy (2001).