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ECJ rules DAC 6 obligations violate lawyer-client confidentiality

On 8 December 2022, the Court of Justice of the European Union (CJEU) issued its judgement in case C-694/20 (Orde van Vlaamse Balies and Others). The case concerned the obligations imposed on intermediaries to notify certain reportable cross-border arrangements under Council Directive (EU) 2018/822 (referred to as “DAC 6”) and whether the DAC 6 provisions that oblige intermediaries, specifically those subject to legal professional privilege such as attorneys at law, could infringe the right to a fair trial and the right to privacy. The CJEU ruled that, while the right to a fair trial is not violated, the right to privacy is.

Source Deloitte

 

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