CAP INVESTIGATIONS AGENCY
The french profession of private detective is defined by the Code of Internal Security in Article L621-1:
« Liberal profession that consists, for a person, in collecting, even without mentioning its quality or revealing the purpose of its assignment, information or evidences intented to third parties, in order to defend their interets ».
French private detectives have now a real professional status. They must therefore respect the laws and regulations and the rules of ethics of their profession.
They are also subject to a morality and training check by the National Council for Private Security Activities (CNAPS), which issues authorizations to professionals.
SOME IMPORTANT TEXTS
Excerpt from the opinion of the National Commission of Safety Ethics No 2008-135 of 21/09/2009: "Like the obligation of loyal cooperation, professional secrecy is the basis of the relationship of trust between the investigator of private law and his principal, released by the jurisprudence (CA Paris, June 30, 1980 and July 9, 1980), devoted on an ad hoc basis by some texts regulating the profession (decree n ° 2005-1123 of September 9, 2005 on the training of investigators), recognized by all professional organizations representing private research agencies, the obligation to respect professional secrecy is the very foundation of the ethics of private investigators to confide in or be defended ".
Article L622-6 of the Internal Security Code: "No individual may exercise the activity referred to in Article L621-1, nor direct or manage a legal person carrying out this activity, unless he holds an approval issued by the regional commission of approval and control according to modalities defined by decree in Council of State ".
Since Decree No. 2012-870 of July 10, 2012, a code of ethics is applicable to all natural or legal persons performing private security activities. This text has been codified in the Internal Security Code since Decree 2014-1253 of 27 October 2014 (Articles R631-1 to R631-32 of the CSI). It provides different obligations: dignity, professional attitude, respect, loyalty, confidentiality.
THERE ARE ALSO SPECIFIC PROVISIONS FOR PRIVATE DETECTIVE AGENCIES
HERE ARE A FEW
RESPECT FOR THE FUNDAMENTAL INTERESTS OF THE NATION AND SECRET OF BUSINESS
(Article R631-28 of the Internal Security Code)
Natural or legal persons carrying on private research activities shall ensure that their investigations are not likely to contravene the laws and regulations protecting the fundamental interests of the Nation or the business secrets, in particular in scientific, industrial, commercial, economic, financial or national defense. Otherwise, they are prohibited from engaging or pursuing them, directly or indirectly, and inform their client or constituents thereof.
PREVENTION OF CONFLICTS OF INTERESTS
(Article R631-29 of the Internal Security Code)
Natural or legal persons engaged in private research activities may not be the provider of more than one client or principal in the same case if there is a conflict or serious risk of conflict between the interests of its clients or principals.
They refrain from taking care of the affairs of all the clients or constituents concerned when a conflict of interest arises, when the professional secret is likely to be violated or when their independence risks being no longer complete. They can not accept a mission entrusted by a new client or mandator if the secrecy of the information given by a former client or principal is likely to be violated or when the knowledge of the business of the latter would favor the new client or principal (...) .
(Article R631-30 of the Internal Security Code)
Natural or legal persons carrying out research activities boast that the contracts for the execution of the enforcement mandates have been authenticated by the mission devolved and the legal framework in which they fall under. If the circumstances so require, they ensure that the client or the mandator is given an extension of their mission. A contract between a research service provider and a client or agent partner, fees or services are determined as needed, depending on the mission, the costs incurred and the verifications made. Natural or legal persons carrying out private research activities shall inform their client or client, as soon as they are seized, of their determination of their fees and prices on a continuous basis. Where applicable, this information is included in the fee agreement. Fees or fixed prices may be agreed. The accrued liability for fees and expenses may be in excess of a reasonable estimate of the probable fees and disbursements incurred by the engagement (...).