In brief, best practices in France regarding witness interviews

To conduct an internal investigation implies establishing a list of priority interviews and secondary interviews, sometimes even preliminary interviews. 

Before summoning the interviews, the first concern of the company should be to determine how to deal with the legal hold; then to ensure that confidentiality and the rights of the interviewees are duly protected. 

In that view, while it is generally advisable not to unduly restrict the circle of interviewees, the team must also avoid expanding it excessively, as this may result in spreading rumors. 

In France, it is considered good practice to provide interviewees, prior to the interview, with a written notice summarizing their rights, together with a confidentiality agreement relating to the investigation. These documents should be signed before the interview begins. 

Interviews may not be recorded without the interviewee’s prior consent. Where consent is obtained, the recording should be destroyed once the interview minutes have been drafted and signed by the relevant parties.

Interview minutes may constitute significant evidence, especially in the context of a labor law dispute such as dismissal cases. Under French law, the confidentiality of internal investigations does not preclude the disclosure of the investigation report to a court. However, interviews minutes may be anonymized to ensure the protection and safety of the interviewees against potential retaliation. The French supreme court – in French “Cour de cassation” - has held that anonymous testimony may be admissible in dismissal proceedings, provided it is corroborated by other evidence. 

The transcription of interviews must be handled with particular care. The minutes should be impartial and accurately reflect the substance of the exchanges. Where a verbatim transcript is prepared, it may be useful, especially if to be used in future litigations, to be reviewed and signed by the interviewee.

Legislative proposal to establish a statutory framework for internal investigations (Bill. No. 2208)

A reform bill was submitted to the French National Assembly on 9 December 2025. 

If enacted, the reform would guarantee a series of rights to interviewees. Thus, at the time of notification, the witness would be informed of: the right to end the interview at any time, the right to make statements, the right to be assisted by a lawyer of their choice during the interview and, where applicable, the right to be assisted by an interpreter. The notification would also specify the maximum duration of the interview.

The reform would also make it mandatory to prepare a formal interview report, which may be signed by the interviewee. 

We regularly assist clients in navigating the French legal framework governing internal investigations, which continues to evolve. We also have extensive experience of conducting internal investigations on behalf of our clients, both in purely domestic contexts and in cross-border matters.

Legal Obligations of Employees in Internal Investigations

In the context of internal investigations, employees are generally obliged to cooperate in interviews conducted by their employer and to provide truthful information about work-related matters, insofar as these relate to the core area of the employment relationship. The obligation to provide information extends to questions concerning the fulfillment of work duties, operational processes, and compliance with ancillary obligations under the employ-ment contract, but not to private matters. This includes self-incriminatory information.

Data Protection Requirements

Data protection law plays a key role. Witness interviews inevitably involve the processing of personal data, including potentially sensitive information. Investigations must therefore comply with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), especially with regard to Article 13 of the GDPR, which regulates the duty to provide information when collecting personal data from the data subject.

Works Council Participation Rights

Another issue concerns the involvement of the works council. If standardized questionnaires are used that record personal circumstances, knowledge, or skills, the works council has the right of co-determination.  Individual, non-standardized questionnaires are excluded from this.

Conclusion

Witness interviews are a powerful but legally sensitive investigative tool. Their effectiveness depends not only on careful preparation and professional interviewing techniques, but also on a robust legal framework that balances corporate interests in compliance and enforce-ment with the individual rights of employees.