PRACTICES : INTERNAL INVESTIGATIONS - ELECTRONIC DOCUMENTS REVIEW – DETECTION OF CORPORATE WRONGDOINGS - LABOR LAW - PRIVACY AND DATA PROTECTION

Internal investigations : Keeping data and risk under control

Internal investigations may include an electronic documents review component to better detect corporate wrongdoings such as anti-competitive behavior. However, in France and other European countries, handling corporate electronic data may raise many issues related to labor law, privacy and data protection. Alongside legal measures which have to be taken, there are technological tools and techniques that can be leveraged to ensure that data is handled properly at each step of the investigation.

I. Introduction: Internal investigations 1. Lawyers face a number of challenges when carrying out proper internal audits to support compliance programmes and when investigating suspected anti-competitive behavior. This often involves searching for evidence of wrong-doing amongst millions of documents. Now that almost all business is conducted digitally investigators have a rich source of evidence to tap into. Emails, telephone records, voicemails and long forgotten copies of documents scattered on servers are readily accessible to regulators and they have powerful tools at their disposal to exploit this evidence. It is not unusual to find that corporate wrongdoing is brazenly referred to in corporate emails. In line with guidance issued by the authorities, companies are therefore now

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  • FTI Consulting (Paris)

Quotation

Thomas Sely, Internal investigations : Keeping data and risk under control, February 2014, Concurrences N° 1-2014, Art. N° 62212, pp. 254-259

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