Internal Investigations in Compliance Matters: What Role for Legal Professional Privilege in Europe?

Q2 Social Sciences

European Business Law Review Pub Date : 2021-04-01 DOI:10.54648/eulr2021014

Thomas Kruessmann

引用次数: 1

Abstract

Information is key to understanding possible wrongdoing in corporations. When allegations of wrongdoing occur, management often invites external counsel to conduct internal investigations because legal professional privilege is seen as crucial in protecting information. In the post-Brexit EU, the objective scope of such privilege is under debate while there is little alignment with developments in the UK. This paper will explore what the deepening divide in the understanding of legal professional privilege may mean. It proposes a policy model, summarizes recent developments in England and Germany and comes to some refined conclusions to serve a broader comparative analysis of internal investigations.

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合规事务内部调查：法律职业特权在欧洲扮演什么角色？

信息是了解企业可能存在的不法行为的关键。当出现不当行为的指控时，管理层通常会邀请外部律师进行内部调查，因为法律专业特权被视为保护信息的关键。在英国脱欧后的欧盟，这种特权的客观范围正在辩论中，而与英国的发展几乎没有一致。本文将探讨对法律职业特权理解上日益加深的分歧可能意味着什么。它提出了一个政策模型，总结了英国和德国的最新发展，并得出了一些精炼的结论，以供对内部调查进行更广泛的比较分析。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Business Law Review Social Sciences-Law

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： The mission of the European Business Law Review is to provide a forum for analysis and discussion of business law, including European Union law and the laws of the Member States and other European countries, as well as legal frameworks and issues in international and comparative contexts. The Review moves freely over the boundaries that divide the law, and covers business law, broadly defined, in public or private law, domestic, European or international law. Our topics of interest include commercial, financial, corporate, private and regulatory laws with a broadly business dimension. The Review offers current, authoritative scholarship on a wide range of issues and developments, featuring contributors providing an international as well as a European perspective. The Review is an invaluable source of current scholarship, information, practical analysis, and expert guidance for all practising lawyers, advisers, and scholars dealing with European business law on a regular basis. The Review has over 25 years established the highest scholarly standards. It distinguishes itself as open-minded, embracing interests that appeal to the scholarly, practitioner and policy-making spheres. It practices strict routines of peer review. The Review imposes no word limit on submissions, subject to the appropriateness of the word length to the subject under discussion.