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Rapid Response Team: 0800 559 3500
Switchboard: +44 (0)203 947 1539
Rapid Response Team: 0800 559 3500
Switchboard: +44 (0)203 947 1539

Salomé Lemasson analyses France’s new guide to internal investigations

Author: Salomé Lemasson  4 April 2022

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

In a piece, which was published by Lexis Nexis, Salomé explains 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, Salomé says, 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 Salomé, 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, she points out, there are a number of issues the latest guidance does not address.

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

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Salomé Lemasson

Of Counsel Head of EU Business Crime and Regulatory Practice Group

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Salomé works on Europe’s most challenging and significant white-collar and complex crime cross-border cases. She leads Rahman Ravelli’s EU Business Crime and Regulatory Practice Group, representing and advising companies and individuals in high-stakes investigations.

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