The ruling issued by the Criminal Chamber on January 13, 2026, reaffirms its position: according to the High Court, attorney-client privilege is limited solely to “the rights of the defense.”
This case law directly undermines all advisory and compliance activities: a legal consultation by a lawyer on behalf of their client intended to alert them and prevent a risk can become evidence against them during an investigation, particularly in a competition investigation. This shift toward a form of forced self-incrimination places economic actors in a state of constant uncertainty.
To read our full analysis and understand the impact of this ruling, click below
