France’s New In-house Legal Privilege: 10 Implications for Global Businesses

Oui, it has happened. France’s parliamentary chambers have adopted a law recognizing legal privilege for in-house counsel. 

• This major development has significant implications, not only for French in-house counsel, but also for cross-border businesses that have global legal departments. 
• It will also have implications in cross-border commercial disputes. 
• Learn the key features and limitations of the new privilege. Below are also 10 practical implications and steps for global businesses.

In brief: Limited confidentiality in commercial, civil, and administrative proceedings

• Under the new law, legal consultations drafted by in-house counsel will be confidential, subject to certain conditions.
• This privilege applies only to legal consultations – which the law essentially defines as a personalized intellectual work geared toward providing advice that is based on the application of a rule of law.
• Confidentiality will also apply to legal consultations drafted at the request of in-house counsel (and under their control) by a team member who is under the authority of the in-house counsel.
• The privilege can be invoked only during commercial, civil, and administrative proceedings or litigation.
• The protected consultations cannot be seized, and the law prohibits compelling communication of such consultations to third parties, including communication to French or foreign administrative authorities.
• The privilege cannot be invoked during criminal or tax proceedings, and cannot be opposed to EU authorities that are exercising investigative powers.
• The in-house counsel’s employer can waive the confidentiality of the documents.

Conditions

• Educational requirement: The in-house counsel (or the team member under his/her authority) must have a Master of Laws (“master en droit”), or an equivalent French or foreign degree (in France a Master of laws is a law degree that typically requires five years of law school studies).
• People who do not have a Master of Laws but who meet certain other educational requirements and who have at least eight years of practice in the legal department of one or more companies or public administrations are deemed to have a Master of Laws for purposes of this legislation on in-house confidentiality.
• Ethics training requirement: The in-house counsel must have attended training regarding specific ethics rules identified in a list defined by the French authorities (the Minister of Justice and the Economy Minister).
• Recipient requirement: To qualify for confidentiality, the consultation must be intended solely for one of the following entities: 
  • the company’s legal representative or its delegate, or any other management, administration or oversight body of the company that employs the in-house counsel; or
  • any entity that gives advice to the management, administration or oversight body of the company that employs the in-house counsel; or
  • the management, administration or oversight bodies of the company that has control over the company that employs the in-house counsel; or
  • the management, administration or oversight bodies of subsidiaries that are controlled by the company that employs the in-house counsel.
• Labeling requirement: The consults must be labeled with a specific marking – “confidentiel – consultation juridique – juriste d’entreprise” (which in English means “confidential – legal consultation – in-house legal counsel”).
• Author identification: The consultation must identify its author.
• Classification requirement: The company must use a special classification for such protected material.

Disputes regarding confidentiality of a consultation

The law sets a protocol for situations where the confidentiality protection of a consultation is invoked either during the implementation of a procedural measure ordered in a civil or commercial litigation, or during a site visit conducted as part of administrative proceedings.

• In such situations, the legal consultation can only be seized by a special official (who is appointed by a court order or by the administrative authority), in the presence of: (i) a person representing the company and (ii) the party that requested the procedural order (in civil or commercial proceedings) or the administrative authority (in administrative proceedings). 
• A legal action can then be brought in front of a judge to challenge the confidentiality of the material (i.e., a legal action by the party that requested the procedural measure, or by the administrative authority).

Timeline

• The law is not yet in effect. The Senate approved it on January 14, 2026. The law then needs to be promulgated within 15 days (with publication in the Journal Officiel). 
• Before that happens, the new law may still be challenged in front of the French constitutional council (the Conseil Constitutionnel, which has the power to censor whole or part of the law prior to its promulgation, if that jurisdiction finds the law to be non-conforming with France's Constitution).
• France’s highest administrative court (the Conseil d’Etat) also needs to issue a decree setting the date at which the law will come into force, which shall be at the latest 12 months following the date of promulgation.

Ten practical implications for global businesses

While the law will apply in France, it also has implications beyond French borders. 

In the global commercial landscape, international businesses that have operations or in-house legal teams in France should prepare their legal and business teams to adapt to this change.

1. Review policies. Businesses that employ in-house counsel in France should review their current policies regarding work-product and communications on legal questions not only within France, but also in cross-border communications with France-based legal team members.
2. Review the in-house legal team. Check which members of your in-house team meet the educational, training, and supervisory requirements for their legal work product to qualify for this protection.
3. Identify which persons and governing bodies within your corporate group would meet the recipient criteria for the protection to apply and map out communication flows. Consider which communication flows would qualify for protection in terms of sender and recipient, in light of the recipient requirement (especially within groups of companies).
4. Keep in mind the significant limitations in scope of the newly established confidentiality. In particular, keep in mind that the privilege cannot be invoked during criminal or tax proceedings (nor against seizure by EU authorities). This may mean that while a communication or memo could be protected from seizure or from compelled disclosure during a commercial litigation, the company may not be able to invoke the privilege regarding the same document in the course of criminal or tax proceedings. 
5. Prepare to educate business stakeholders regarding this new protection and its limitations:

• The introduction of this new confidentiality, and how it enhances the ability for the business to seek and obtain effective guidance from in-house legal teams. 
• The conditions under which the confidentiality applies (type of communications, persons sending the communication, intended recipients).
• The limits of the protection.

6. Start identifying concrete business situations where the new rule would apply vs. situations where it would not apply. Think about practical scenarios that you could incorporate in internal presentations or conversations with the business to illustrate the implications of this new protection.
7. Monitor the future adoption of implementation decrees that should offer additional details for the implementation of the law.
8. Monitor additional developments that may clarify nuances or grey areas in the law, for example when interpretive questions are brought before courts or authorities, or when additional guidance is issued by authorities.
9. Consider the implications for cross-border disputes. Since the new law prohibits compelling the communication of protected consultations in civil, commercial, or administration proceedings or litigation, corporate legal departments may want to consider how this will influence their policies and strategies for responding to requests or demands by non-French authorities, where such privileged in-house consultations are involved.
10. Educate yourself regarding how members of the in-house community are preparing for the entry into force of the new law. Stay tuned for ACC educational programs featuring practical insight on how global businesses and legal departments respond to this new development.

This introduction of in-house legal privilege in France is a major step in the evolving European and global landscape for in-house counsel and the businesses they serve. 

Legal departments need to prepare the business and their own teams for the upcoming implementation of this change. 

This article was published on 1/16/2026, and last updated on 1/17/2026.

Also Check Out

For the text of the law, see the document on the website of the French Senate (in French).