Often, yes. Since December 22, 2023, a recording made without the other person’s knowledge is no longer automatically excluded from civil or employment proceedings in France, and in criminal cases it never was. But admissible does not mean lawful: the person who made it still faces up to a year in prison and a €45,000 fine.
It all depends on the court. The table below sums up the rule for each; the rest of the page explains the test French judges apply, the decisions that shaped it, and how to present a recording so that it actually helps.
The rule, court by court
| Court | Is a secret recording admissible? | Legal basis |
|---|---|---|
| Employment tribunal (conseil de prud’hommes) | Yes, if it is indispensable to prove the facts and the intrusion on privacy is strictly proportionate. | Cour de cassation, plenary assembly, 22 Dec. 2023, no. 20-20.648 |
| Civil or commercial court | Same test as the employment tribunal. | Same ruling; art. 9, Code of Civil Procedure |
| Criminal court | Yes, when produced by a private person: the judge cannot exclude it merely because it was obtained unlawfully. | Art. 427, Code of Criminal Procedure; Crim., June 11, 2002, no. 01-85.559 |
| Family judge (divorce) | Yes, unless it was obtained through violence or fraud. | Arts. 259 and 259-1, Civil Code |
| Administrative court | In principle yes, if both sides could debate it; a public employer, however, owes its staff a duty of fairness. | Conseil d’État, July 16, 2014, no. 355201 |
What the ruling of December 22, 2023 changed
For decades, France’s highest court excluded from civil trials any evidence obtained unfairly. An employee who secretly recorded their boss brought a file the judge would not listen to.
The plenary assembly of the Cour de cassation dropped that rule in a case where it was the employer who had secretly recorded an employee. The principle now works both ways:
"In a civil trial, the unlawfulness or unfairness with which evidence was obtained or produced does not necessarily lead to its exclusion. When asked, the judge must assess whether such evidence undermines the fairness of the proceedings as a whole, balancing the right to evidence against the conflicting rights at stake; the right to evidence may justify producing material that infringes other rights, provided this is indispensable to its exercise and the infringement is strictly proportionate to the aim pursued."
Cour de cassation, plenary assembly, December 22, 2023, no. 20-20.648 (our translation)
Two words carry the whole test: indispensable and proportionate. They decide, case by case, what happens to your recording.
The judge’s test: indispensable and proportionate
"Indispensable" means you could not prove it otherwise
A recording is not admitted because it is more vivid than other evidence. It is admitted when you had no other way to establish the fact. Rulings since 2024 show both sides of this:
- Excluded, because not indispensable. An employee had secretly recorded his interview with members of the health and safety committee to prove harassment. The Court upheld its exclusion: other evidence already raised a presumption of harassment (Soc., January 17, 2024, no. 22-17.474).
- The judge must examine it, not reject it on principle. An employee had recorded her employer allegedly pressuring her into a negotiated termination (rupture conventionnelle). The appeal court excluded it because she "had other options". The Cour de cassation quashed that decision: the judges had to check whether the recording was indispensable to prove the alleged harassment, then whether the intrusion was proportionate (Soc., July 10, 2024, no. 23-14.900).
- Admitted, on the employer’s side. A pharmacy used footage from a camera installed without informing staff to prove theft. It was admitted as indispensable and proportionate (Soc., February 14, 2024, no. 22-23.073).
"Proportionate" means no more than necessary
The judge looks at what the recording captures beyond the fact in dispute. Thirty seconds of a manager saying the words complained of weigh very differently from weeks of continuous recording of an office. The more targeted the recording, the better its chances.
Criminal cases: admissible, and you can still be prosecuted
Before a criminal court the rule is wider still. Article 427 of the Code of Criminal Procedure provides that offenses "may be established by any means of proof". When a private person produces the recording, the judge cannot exclude it merely because it was obtained unlawfully. That is why the recordings secretly made by Liliane Bettencourt’s butler were not annulled (Crim., January 31, 2012, no. 11-85.464).
The limit concerns investigators: the duty of fairness binds public authorities, and a recording made by a private person with their involvement can be excluded (plenary assembly, November 10, 2017, no. 17-82.028).
The surprise lies elsewhere. A recording being admissible does not erase the offense committed to obtain it. Article 226-1 of the Criminal Code punishes recording words spoken in private without the speaker’s consent with up to one year in prison and a €45,000 fine, and article 226-2 punishes using such a recording with the same penalties. The person you recorded can file a criminal complaint against you, even if the employment tribunal accepted your file. We cover that side in Recorded without your consent in France: what you can do.
Divorce and the family judge
In divorce proceedings, article 259 of the Civil Code admits "any means of proof, including admission". Article 259-1 sets the only limit: a spouse may not produce evidence obtained "through violence or fraud". A judge can exclude an item only after finding one of those two circumstances, as the Court held for text messages (Civ. 1re, June 17, 2009, no. 07-21.796).
The criminal downside is heavier here: when the recording targets a spouse, cohabiting partner or civil partner, the penalties of article 226-1 rise to two years in prison and a €60,000 fine, under the law of July 30, 2020.
How to present a recording so it counts
An audio file dropped into a case file proves very little. Four precautions change its weight:
- Keep the original, untouched. No editing, no cutting, no conversion. Keep the file as the device produced it, with its date. An edited extract is the first thing the other side’s lawyer will attack.
- Attach a written transcript. Judges read more than they listen. A faithful, time-stamped transcript that points to the minutes in the file makes the recording usable. Our guide to transcribing an interview sets out the conventions.
- Have it certified if the stakes justify it. A commissaire de justice (the French court officer that replaced the huissier in 2022) can draw up an official report transcribing the file. It is authoritative as to what they heard until proven otherwise, except in criminal cases where it is mere information. It proves the file’s content; it does not make an unlawful recording lawful.
- Show why it is indispensable. List what else you tried: emails left unanswered, witnesses who will not testify, no written record. That is what lets the judge conclude you had no other means.
And do not share the file: forwarding it to colleagues or posting it is a separate offense (article 226-2), unrelated to producing it in court.
The best evidence is the one you announce
Everything above concerns secret recordings, the kind that force a judge to weigh two rights against each other. An announced recording raises none of these questions: the person knew, could refuse, and consent is presumed (article 226-1). There is no offense to answer for and no proportionality test to pass.
For a meeting, a client appointment or an interview, one sentence at the start is enough. How to phrase it, and what changes on video calls: Recording a work meeting in France: what the law says. For a call: Recording a phone call in France: is it legal?
Key points
- Since December 22, 2023, a secret recording can be admitted in French employment and civil courts if it is indispensable and proportionate.
- In criminal cases, a recording produced by a private person is not excluded merely because it is unlawful.
- In divorce, only violence and fraud get evidence excluded.
- Admissible does not mean lawful: the person who recorded still faces article 226-1 of the Criminal Code.
- Keep the original, attach a transcript, and show you had no other means.
Sources: Cour de cassation, plenary assembly, December 22, 2023, no. 20-20.648; Soc., January 17, 2024, no. 22-17.474; Soc., February 14, 2024, no. 22-23.073; Soc., July 10, 2024, no. 23-14.900; Crim., June 11, 2002, no. 01-85.559; Crim., January 31, 2012, no. 11-85.464; plenary assembly, November 10, 2017, no. 17-82.028; Civ. 1re, June 17, 2009, no. 07-21.796; Conseil d’État, Section, July 16, 2014, no. 355201; Criminal Code, arts. 226-1 and 226-2; Code of Criminal Procedure, art. 427 (in force on November 9, 2026); Civil Code, arts. 259 and 259-1; Code of Civil Procedure, art. 9; Ordinance no. 2016-728 of June 2, 2016 (commissaires de justice).