FRANCE Trends and Developments Contributed by: Grégoire Bertrou, Delphine Grimond and Augustin Paperon, Willkie Farr & Gallagher LLP
ensures a more consistent application of both French and US legal standards. In effect, it allows French companies to safeguard their legal positions while preserving operational agility and controlling costs. Best practices: dos and don’ts While not explicitly spelt out, emerging best practices in AI-assisted document review include: “Dos” are as follows. • Use AI tools capable of identifying and redacting personal or confidential information according to GDPR or national professional secrecy laws. • Maintain full audit trails of the review process to demonstrate due diligence and compliance in case of regulatory challenge. • Engage legal counsel early to supervise the scope and logic of AI-assisted review parameters. • Coordinate with SISSE or relevant authorities before transmitting any sensitive documents abroad.
“Don’ts” have been outlined below. • Do not rely solely on U.S.-based legal tech provid- ers without verifying GDPR compliance. • Do not transmit unreviewed datasets abroad, even under protective orders, without legal vetting. • Avoid blanket compliance with US discovery requests without first analysing the potential con- flict with French and EU laws. • Ensure that there is a quality control mechanism to verify that the AI tool is competent and trustworthy.
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