Edited by Brigitte Unger and Daan van der Linde
Chapter 30: Reporting duty for lawyers versus legal privilege – unresolved tension
The reporting duty pursuant to the EU AML/CTF legislation is precarious. Can lawyers who have a duty to secrecy be forced to report clients for money laundering or terrorist financing? Exceptions to the reporting duty in case of legal privilege are left, to some extent, to the EU Member States. This contribution shows that questions surrounding the AML/CTF reporting duty are not yet resolved, and seem to ask for a more harmonized approach of the legal privilege exemption in the Member States.
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