France Confirms Confidentiality Regime for In-House Legal Advice
On 18 February 2026, France’s highest constitutional court (the Conseil constitutionnel) upheld a new law protecting certain legal advice prepared by in-house counsel (juristes d’entreprise), removing the last constitutional obstacle to its implementation. This decision marks a significant change in how internal legal advice can be protected under French law.
The decision removes the final constitutional hurdle to one of the most significant reforms of French legal practice in decades and brings France closer to international standards for the protection of internal legal advice.
For companies operating in France, or with French subsidiaries, the reform significantly changes how internal legal risk can be documented, accessed and communicated.
Background: a long-awaited reform
Until now, France stood apart from many other major jurisdictions in denying legal privilege to advice given by in-house lawyers, on the basis that they are employees rather than independent members of the bar. As a result, internal legal memoranda could be seized or compelled in civil, commercial and administrative proceedings.
Following years of debate, the French Parliament adopted a law on 14 January 2026, inserting a new Article 58‑1 into the Law of 31 December 1971 and creating a statutory confidentiality regime for qualifying in-house legal consultations. The law was promulgated on 23 February 2026 (Law n° 2026-122) and published in the Journal officiel on 25 February 2026.
Conditions for confidentiality
This protection does not apply automatically. To benefit from confidentiality, all of the following requirements must be met:
Legal qualifications: The in-house lawyer who prepares the advice must have a master’s degree in law (or an equivalent qualification). There are limited transitional rules for experienced practitioners.
Ethics training: The in-house lawyer must have completed specific training on ethical rules. The exact content of this training will be set out in future government regulations.
Clear labelling and document handling
The document must:
clearly state “Confidential – Legal Consultation – In‑House Counsel” (i.e. « confidentiel – consultation juridique – juriste d’entreprise »);
identify the author; and
be stored separately from other business documents within the company.
Limited circulation: The advice must be shared only with senior management or the company’s governing bodies including within the same corporate group and only within the recipient categories set out in the law.
Importantly, misusing the confidentiality label is a criminal offence. This reflects the legislator’s intention that the regime should protect genuine legal advice and not be used to shield ordinary business documents.
Important limitations
The reform does not create a full professional privilege equivalent to that enjoyed by external counsel. In particular:
No protection applies in criminal or tax matters.
Confidentiality cannot be invoked against EU authorities exercising their investigative powers (including where EU institutions exercise such powers directly, or where powers are delegated and exercised by national authorities).
the confidentiality attaches to the document, not to the individual lawyer.
The employer company may waive the confidentiality.
The Conseil constitutionnel also clarified that courts must be able to review claims of confidentiality, including in the context of administrative requests for information, to ensure the regime does not unduly restrict investigative powers, and confirmed that confidentiality may be lifted where a consultation is intended to facilitate or incite fraud (or a violation of third-party rights).
Practical implications for businesses
For companies with operations in France, the new regime offers genuine additional protection for internal legal advice, but only if it is used carefully and deliberately. Businesses should not assume that all internal legal documents are now protected.
In practical terms, companies should consider the following steps:
Revisit how internal legal advice is created and shared: Legal teams should review when advice is given in writing, who it is addressed to, and how widely it is circulated. Documents shared too broadly or mixed with commercial discussions may fall outside the protection.
Check that in-house legal teams meet the eligibility requirements: Companies should confirm that relevant in-house lawyers meet the qualification criteria and plan for the required ethics training once the implementing rules are issued.
Update document management practices: To benefit from confidentiality, legal advice must be clearly labelled and stored separately from other business documents. This may require changes to document‑management systems, templates and internal guidance.
Align privilege strategies across jurisdictions: In cross-border matters, companies should consider how French confidentiality rules interact with privilege regimes in other countries. A document protected in France may not be protected elsewhere — and vice versa — which can affect disclosure strategies in disputes and investigations.
The reform is particularly relevant for internal investigations, compliance reviews and international arbitration, where the handling and production of documents often play a decisive role. In arbitration, careful structuring of internal legal advice at an early stage may materially reduce document production exposure later in the proceedings.
Entry into force
Although the law has now been validated and promulgated, it will only become fully operational once implementing decrees and ministerial orders are adopted, notably on ethics training and recognised qualifications. Companies should use this interim period to prepare their internal processes, rather than waiting for the rules to take effect. The law will enter into force on a date to be set by decree of the Conseil d’État.
What this means for International Arbitration
This important development is likely to have a particular impact when it comes to document production.
Under commonly applied evidentiary frameworks (such as the IBA Rules on the Taking of Evidence), parties frequently seek production of internal analyses, compliance memoranda and legal strategy documents and the absence of a statutory confidentiality regime for in-house counsel in France has historically placed French companies at a comparative disadvantage in resisting such requests.
With the new regime, French entities may now assert statutory confidentiality for qualifying in-house legal consultations, providing a clearer basis to oppose disclosure of internal legal advice and potentially reducing the asymmetry of privilege protections that previously arose between common law and civil law parties.
How Rosenblatt Can Help
France’s adoption of a statutory confidentiality regime for in-house legal advice marks a historic and long-awaited change, bringing French practice closer to international standards while maintaining strong safeguards for regulators and courts.
Our international arbitration team regularly advises corporates and in-house legal departments on privilege strategy and document production exposure. We can assist with reviewing internal documentation practices, preparing for arbitration proceedings and aligning French confidentiality protections with broader international dispute strategies.
If you have questions about how this development may affect your business in terms of international arbitration strategy, document production obligations or privilege assertions, please get in touch with our arbitration specialists.