Confidentiality of consultations with in-house counsels in France.

On Wednesday, 14 January 2026, the French Senate adopted the law submitted on 21 December 2023 regarding the confidentiality of consultations with in-house counsels, marking the end of a long parliamentary process.

Article 58-1 has been added to Law No. 71-1130 of 31 December 1971 reforming certain judicial and legal professions, which states:” Confidentiality is subject to four cumulative criteria: qualification of the in-house counsel (master's degree in law or equivalent); training in ethical rules; precise identification of the recipients of the consultations (management or administrative or supervisory bodies of the employing company, its group or one of its subsidiaries); consultations must be marked “confidential – legal consultation – in-house counsel”, with successive versions of the same consultation benefiting from the same confidentiality. 

The law provides for two exceptions, since the confidentiality thus granted 

After more than 30 years of debate, and subject to these exceptions, legal consultations by in-house counsels will therefore be exempt from seizure and unenforceable in civil, commercial or administrative proceedings or disputes. In these matters, a dispute procedure is provided, if the confidentiality criteria are not met. If the purpose of the advice was “to facilitate or encourage the commission of breaches”, the confidentiality is waived. In the event of a dispute, confidentiality may also be waived by a judge, following either an inspection carried out as part of administrative proceedings or an investigative measure ordered in a civil or commercial case.

The law is due to come into force on a date set by the decree of the French Conseil d’État (State Council) provided for in the plan, or at the latest within twelve months of its promulgation, which has not yet taken place. A decree will specify the details and terms of application.