Rahman Ravelli analyse France’s new guide to internal investigations

With France’s anti-corruption agency (AFA) and its national financial prosecutor’s office (PNF) issuing joint guidance on conducting internal investigations, Rahman Ravelli wrote about their advice.

In a piece, which was published by Lexis Nexis, Rahman Ravelli explain that the latest guidance follows the advice issued by the AFA and PNF in 2019.

The 2019 guidance focused on what companies should do to obtain a CJIP, which is the French equivalent of a deferred prosecution agreement. The latest guidance complements this by explaining the approach companies should take to conducting internal investigations and by encouraging the reporting of wrongdoing at the earliest possible stage.

The guidance, Rahman Ravelli say, reminds companies of their obligations regarding telling employees they are under investigation, their inability to use employee emails or bank accounts as evidence, the need to comply with individuals’ privacy rights and the importance of the EU General Data Protection Regulation (GDPR).

The guidance, according to Rahman Ravelli, reflects the increasing trend for French companies to conduct internal investigations and cooperate with investigators. The trend has developed since 2016, when CJIP’s were introduced. But, they point out, there are a number of issues the latest guidance does not address.

Rahman Ravelli's article was published by Lexis Nexis. (Subscription required)