GDPR: An employee’s right of access to his or her professional email address
Soc., June 18, 2025, no 23-19.022

The Supreme Court has recognized that emails sent and received by an employee via his or her professional email account constitute personal data within the meaning of the GDPR. As a result, an employee may request a copy of the emails in his or her inbox under the right of access conferred by the GDPR. The employer must therefore provide the employee with the metadata (timestamp, recipients) and their content, unless the information requested is such as to infringe the rights and freedoms of others. In this ruling, the Supreme Court has followed the position of the CNIL, which already considered that employees had a right of access to their work emails, including in the context of litigation.

Probative value of an incomplete internal investigation report
Soc., June 18, 2025, no 23-19.022

The Supreme Court ruled that the dismissal of an employee for sexist acts with sexual connotations was unjustified because the employer had produced an incomplete investigation report as the only evidence. The employees interviewed during the investigation were not personal witnesses to the alleged facts, and the employer failed to produce certain employee interviews. As a result, the grievances supporting the dismissal were not established by sufficiently conclusive evidence and the doubt should therefore benefit the person concerned.

Reform of the professional interview

On 8 July, the National Assembly and the Senate agreed on a reform of the professional interview, which should be definitively adopted later this month. The interview focuses on the employee’s career development prospects and training. The reform would change the frequency of professional interviews: it should take place the year the employee is recruited, then every 4 years (instead of 2 years at present). A review interview should be scheduled every 8 years (instead of 6 years at present). The content of the interview would also be broadened.

Employees undergoing MAP and adoption procedures
Law no 2025-595 of June 30, 2025

A new legislation passed on June 30, 2025 and officially published on July 1st, strengthens the protection of employees undergoing medically assisted procreation and adoption procedures against discrimination and now grants all employees concerned, both men and women, paid leave of absence for the medical procedures and the interviews required for adoption approval.