Bill, case law, artificial intelligence and disciplinary sanctions. Ten years after the Sapin II Law, internal investigations still lack a legal framework. Myriam de Gaudusson and Michel Sapin, partners at Franklin, share their insights in Les Echos Capital Finance on 23 March 2026.
In an article by Delphine Iweins entitled “Internal investigations are still seeking a legislative framework”, Myriam de Gaudusson, an employment law partner, and Michel Sapin, a partner, analyse the current state of internal investigations within companies. These procedures, conducted to address reports of harassment, corruption or fraud, have become widespread without ever being defined by law.
A legal vacuum that is beginning to weigh heavily
Since the 2016 Sapin II Law and the 2022 Waserman Law on whistleblowers, companies have increasingly relied on internal investigations, despite the absence of a legal definition. In practice, legal departments are confronted with highly inconsistent approaches.
The December 2025 bill
Introduced by Member of Parliament Christelle Minard, the bill proposes adding a definition of internal investigations to the French Labour Code and reaffirming the principles of conducting investigations in an incriminating and exculpatory manner, proportionality and respect for individuals’ rights. It also provides for a framework governing investigations conducted in parallel with criminal proceedings. The bill remains deliberately limited and does not attach any sanction to this definition.
Case law has established the main principles
In the absence of legislation, the Cour de cassation, the Conseil d’État and the courts of appeal have developed a body of principles. A recent decision of the Cour de cassation clarified that compliance with the adversarial principle does not give the employee concerned a right to access the investigation file during the investigation. Good-practice guidelines further supplement this foundation. Myriam de Gaudusson nevertheless notes that companies do not always comply with them.
Artificial intelligence and the professionalisation of investigators
AI is now being used to scrutinise emails, messages and internal documents, and to prioritise alerts. Large companies have brought the investigative function in-house, creating dedicated departments reporting to senior management. This trend continued at the end of January with the launch, at Aix-Marseille University, of the first university diploma dedicated to internal investigations, sponsored by Michel Sapin.
« Investigators must keep in mind the legal certainty of the investigative field. »
— Michel Sapin, Partner Franklin
Disciplinary sanctions and supervision as blind spots
According to Myriam de Gaudusson, the difficulty lies in striking a balance between the company’s operations and its obligation to impose sanctions. Human resources and legal departments often find themselves caught in the middle, as the sanctions under consideration are sometimes challenged by the hierarchy of the employee concerned. She also points out that there is no specific framework governing the disclosure of the investigation report and that the lawyer conducting the investigation must remain mindful of their own potential liability.
What legislative developments can be expected?
The future of the bill remains uncertain. At this stage, it is not among the priorities on the parliamentary agenda.
Read the article in Les Echos Capital Finance
Does your company need to conduct or secure an internal investigation involving harassment, corruption, fraud or a whistleblowing report? Contact the Franklin team.
