A key issue at the core of current debates
The regulation of internal investigations has emerged as a central issue in contemporary legal and compliance discussions. In particular, the matter has been examined by the Club des Juristes, with Raphaël Gauvain and Stéphane de Navacelle acting as co-rapporteurs.
Their position is unequivocal: they advocate for a partial legislative framework governing internal investigations. Such an approach seeks to strike an appropriate balance between, on the one hand, preserving the flexibility necessary for the conduct of internal investigations and, on the other, safeguarding their effectiveness for the organisations that rely upon them.
This recommendation has now been incorporated into Bill No. 2208 of 9 December 2025, which seeks to establish a clear, coherent and harmonised statutory framework for internal investigations.
Why partial regulation?
This approach is driven by several key objectives:
- to establish a common set of principles governing the conduct and oversight of internal investigations;
- to enhance the legitimacy and legal certainty of internal investigation processes;
- to clarify the respective roles, rights and responsibilities of the various stakeholders involved; and
- to preserve the flexibility and adaptability that remain essential to the effective conduct of internal investigations.
A necessary balance
The proposed partial regulatory framework reflects the pursuit of a careful and necessary balance between legal certainty and operational effectiveness, with a view to ensuring that internal investigations are conducted in a controlled, proportionate and legally sound manner.
