{"id":5984,"date":"2026-10-19T09:49:38","date_gmt":"2026-10-19T09:49:38","guid":{"rendered":"https:\/\/www.lusis-avocats.com\/?p=5984"},"modified":"2026-10-19T09:49:44","modified_gmt":"2026-10-19T09:49:44","slug":"recording-cse-meetings-the-limits-set-by-the-court-of-cassation","status":"publish","type":"post","link":"https:\/\/www.lusis-avocats.com\/en\/recording-cse-meetings-the-limits-set-by-the-court-of-cassation\/","title":{"rendered":"Recording CSE meetings: the limits set by the Court of cassation"},"content":{"rendered":"\n

Court of cassation, Social division, October 7, 2026, No. 25-10.664<\/em><\/strong><\/p>\n\n\n\n

A Social and Economic Committee (CSE) decides to record its meetings to make it easier to draft the minutes. Considering that the transcripts do not faithfully reflect the discussions held during the meetings, the employer asks for access to the recordings, which the CSE refuses.<\/p>\n\n\n\n

The employer then decides to record the CSE meetings itself.<\/p>\n\n\n\n

The CSE challenges this and obtains an order from the summary proceedings judge prohibiting these recordings.<\/p>\n\n\n\n

The employer appeals to the Court of cassation, which dismisses the appeal.<\/p>\n\n\n\n

The Court first notes that Articles L. 2315-34 and D. 2315-27 of the French Labour Code, which allow both the employer and the CSE to record meetings, appear in the sub-section dealing with the minutes. It infers that the sole purpose of recording meetings must be the drafting of the minutes, a prerogative that belongs exclusively to the CSE secretary.<\/p>\n\n\n\n

The Court then points out that recording CSE meetings necessarily involves collecting personal data, which must rely on one of the legal bases provided for by the GDPR.<\/p>\n\n\n\n

The employer argued that, since the Labour Code authorised it to record CSE meetings, it had a \u201clegitimate interest\u201d within the meaning of the GDPR.<\/p>\n\n\n\n

The Court of cassation rejected this reasoning, holding that:<\/p>\n\n\n\n