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Witness interviews and legal holds are among the most sensitive aspects of internal investigations in France.
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.
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.
