12 Jun Status of Legal Professional Privilege Across Europe
The societies of Europe are based on the rule of law. At the heart of this important principle lies the Legal Professional Privilege…
However, the profession of in-house counsel is still not recognised everywhere in Europe and our colleagues’ clients do still not benefit from legal professional privilege (LPP) everywhere. Nevertheless, there has been remarkable developments in the last 3 years in many European countries, that recognise the importance of in-house legal advise for companies and their compliance systems, e.g:
✏ France: Drafting of a bill in process to recognise LPP for in-house counsel
✏ Switzerland: Recognition of LPP to in-house counsel in civil proceedings
✏ Netherlands: LPP confirmed for Dutch in-house counsel by supreme court
✏ Spain: Confirmation that LPP of in-house counsel must be respected
✏ UK: LPP granted to foreign in-house counsel even contrary to ‘touch-base’ an
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Still the ‘LPP Landscape Across Europe’ map shows too many jurisdictions that are not shaded in green.
Learn more about the current status of the profession of in-house counsel in ECLA’s newly published ‘EUROPEAN COMPANY LAWYERS REVIEW 2024/25’. This comprehensive book of 250 pages offers a unique overview of the situation in 30 countries in Europe and beyond. You can order your personal copy now at: https://ecla.online/review/
ECLA will continue fighting for the profession of in-house counsel guided by our motto: Independence by Design!
