FRANCE Law and Practice Contributed by: Sophie Scemla, Didier G Martin, Diane Paillot de Montabert and Calypso Korkikian, Gide Loyrette Nouel
To ensure effectiveness, companies provide regular training sessions and e-learning modules accessible to all employees, often with manda- tory assessments and certifications. They also distribute crisis handbooks and set up internal communication protocols with clear incident escalation procedures. Engagement from lead- ership and compliance officers is essential to promote a culture of transparency and account- ability with good reflexes when facing situations. To track participation and effectiveness, compa- nies use compliance monitoring tools to ensure that all employees, including remote and third- party workers, receive appropriate training. Typically, compliance and legal teams lead the training to ensure alignment with govern- ance and regulatory frameworks, while human resources and risk management departments oversee operational and reputational risk train- ing. In some cases, external crisis management consultants provide specialised expertise in areas such as cybersecurity, ESG compliance, and crisis communication strategies. 4.6 Policies and Procedures Companies integrate crisis prevention policies within their compliance, risk management, and corporate governance frameworks to mitigate financial, legal, and reputational risks. These typically include Enterprise Risk Management (ERM) frameworks, code of conduct and eth- ics policies, regulatory compliance policies and crisis communication protocols. To implement and enforce these policies, compa- nies establish crisis committees, provide training and internal awareness programmes, conduct periodic audits and stress tests, and use digital compliance tools and risk monitoring systems to detect risks early. This approach reinforces
regulatory resilience, operational continuity, and stakeholder confidence in crisis situations.
5. Legal Strategy 5.1 Legal Challenges
Companies facing legal scrutiny during a crisis must manage their communications to avoid self-incrimination. This includes ensuring inter- nal investigations are conducted under legal privilege, implementing strict communication protocols to prevent premature statements, and training executives and employees on their rights, especially when interacting with enforce- ment authorities. Regulatory bodies and prosecutors may initiate investigations, requiring a co-ordinated legal response. Companies must reserve statements to authorities, navigate multi-jurisdictional inves- tigations, and balance co-operation with legal risk to protect corporate interests. In managing legal challenges, companies must leverage legal privilege to protect internal reports, establish clear procedures for employee co-operation, and engage external legal experts to navigate complex enforcement. A structured legal crisis response, based on compliance and governance, is crucial to mitigate financial, repu- tational, and regulatory risks. 5.2 Dealing With Enforcement Authorities Companies face legal exposure from various enforcement authorities, depending on the cri- sis type. Key agencies include: • Criminal authorities – prosecutors and finan- cial crime agencies notably investigate fraud,
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