The emergence of negotiated justice and the rise in cross-border litigation—particularly in the area of anti-corruption—have, as a result, compelled companies to take into account the specific nature of French law, which, when it comes to data disclosure, rarely aligns with foreign law.
Since 2014, the firm has developed specialized expertise in finding solutions that reconcile the requirements of “cooperation” with foreign authorities and the rules governing the protection of personal data, employee privacy, and professional secrecy, as well as the specific provisions of the French “blocking law” that must be taken into account by foreign courts and prosecutors’ offices.
In addition, the firm has been handling several cases for several years involving personal data protection, particularly companies’ obligations under the GDPR when transferring data to foreign entities or authorities.
Examples:
- Assisting a company in response to a CNIL request for information pertaining to an internal investigation conducted by the company into alleged corruption.
- Advising on the scope of labor law provisions and the employer’s disciplinary authority in the context of an internal investigation and the process of cooperation with the U.S. Department of Justice (DOJ).
- Assisting a company in the process of cooperating with a foreign authority to respond to a request for information concerning various employees of the company without violating the provisions of the French “blocking law” and personal data protection laws.
- Advice regarding the applicability and enforceability of bank secrecy provisions in connection with a request by U.S. authorities for the voluntary disclosure of information (electronic data stored on and accessible from servers located in France and abroad).
- Consultations regarding the applicability and scope of the provisions of the “blocking law” concerning testimony (transmission to foreign authorities of transcripts of interviews with individuals questioned as part of an internal investigation; testimony by witnesses before foreign courts)
- Assistance to a French company in responding to requests for information issued by U.S. authorities pursuant to the Mutual Legal Assistance Treaty between France and the United States (MLAT of December 10, 1998)
- Consultations regarding the impact of the “blocking law,” CNIL regulations, the GDPR, and French provisions on the confidentiality of correspondence and privacy on the rights to access and disclose information, emails, and documents concerning the company’s employees.
- Assistance to an individual in responding to requests for disclosure issued by French authorities regarding documents held in Lebanon.
- Assistance to a foreign investment fund in connection with an investigation opened by French authorities into acts of active and passive corruption, involving transnational dimensions and issues related to the disclosure of documents (professional secrecy, GDPR).
- Advising a French company on the scope and application of the provisions of the 1983 Blocking Act, and on the mandatory nature of the provisions of international treaties on mutual legal assistance for the transmission of documents in the context of criminal and civil proceedings brought by foreign authorities.