FRANCE Trends and Developments Contributed by: Eva Kopelman, Axipiter
as investigators can access necessary documents quickly without compromising data security. • Consent and transparency: Employees should be fully informed about the processing of their person - al data during internal investigations. Where feasi - ble, explicit consent should be obtained, particu - larly when processing sensitive data such as health information or disciplinary records. Privacy notices should clearly outline the types of data collected, the purpose of the processing, the legal basis for processing, and the retention period. Transparent communication with employees helps build trust, reduces the risk of disputes, and reinforces the perception that investigations are conducted fairly and responsibly. • Integration with digital tools: Advanced analytics, AI, and machine learning can assist investigators by detecting patterns, anomalies, or early warning signs of potential misconduct. For example, AI can flag unusual patterns in payroll, email communica - tions, or access logs, helping prioritise investiga - tions efficiently. However, the use of automated systems must comply with GDPR principles, including purpose limitation, fairness, and account - ability. Companies must ensure explainability of automated decision-making and avoid any pro - cessing that could result in unfair or discriminatory outcomes. Integration of digital tools should com - plement human judgment, not replace it, ensuring that procedural fairness is maintained throughout the investigation. • Cross-border considerations: For multinational groups, conducting internal investigations across multiple jurisdictions presents unique challenges. Companies must navigate different data protec - tion laws, employment regulations, and cultural expectations. Cross-border data transfers require strict compliance with GDPR standards, including the use of standard contractual clauses, bind - ing corporate rules, or adequacy decisions where applicable. Companies should implement consist - ent global policies while allowing flexibility for local legal requirements. This ensures investigations
ers should establish comprehensive internal poli - cies that outline how personal data will be handled during internal HR investigations. Policies should define which data can be collected, the purpose of processing, the legal basis for processing, and the responsibilities of each team involved. Clear policies provide consistency, help prevent data misuse, and ensure compliance with GDPR and national privacy laws. • Train HR, legal, and compliance departments on GDPR requirements and privacy best practices: Training programmes should ensure that person - nel understand key GDPR principles such as data minimisation, purpose limitation, transparency, and accountability. Teams should also be familiar with internal procedures for handling sensitive employ - ee data, including special categories of data such as health information or disciplinary records. Well- trained teams reduce the risk of errors or breaches and strengthen the credibility and defensibility of the investigation process. • Limit data access to authorised personnel and maintain audit logs of all processing activities: Access to personal data should be strictly limited to authorised personnel involved in the investiga - tion. Audit logs should be maintained to track all processing activities, including data access, modi - fications, or transfers. This ensures accountability, facilitates monitoring of compliance, and provides documentation to demonstrate lawful and secure handling of sensitive information. • Secure digital platforms and ensure encrypted storage of sensitive information: Companies should use secure digital platforms for the collection, storage, and management of personal data during investigations. Platforms should employ encryp - tion, strong authentication protocols and controlled access mechanisms to prevent unauthorised disclosure or data breaches. Centralised, secure systems also allow for efficient management of evi - dence and documentation while ensuring compli - ance with privacy obligations. • Data retention and disposal: Personal data should be retained only for as long as necessary to achieve the purpose of the investigation, in line with internal retention policies and legal require - ments. Once the investigation is completed, data should be securely archived or deleted. This limits
remain effective and compliant. Practical guidance for employers
• Implement clear policies for the processing of per - sonal data during internal investigations: Employ -
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