Oct. 9, 2020

Publications : Newsletter MAFR - Law, Compliance, Regulation

Attorney's Professional Secret & Filter mechanism in balance with fighting Money Laundering: constitutional analysis in favor of Attorney's Secret

by Marie-Anne Frison-Roche

ComplianceTech ®.

Full Reference : Frison-Roche, M.-A.,Attorney's Professional Secret & Filter mechanism in balance with fighting Money Laundering: constitutional analysis in favor of Attorney's SecretNewsletter MAFR - Law, Compliance, Regulation, October 9, 2020.

 

Summary: By its judgment of September 24, 2020, the Constitutional Court of Belgium released an essential judgment which considers:
- Compliance Law which imposes obligations on entities to fight against money laundering and the financing of terrorism is legal requirements which must be analyzed on the basis of these goals
- the national transposition law is "broader" than the transposed European texts since it is anchored in the Constitution
- the provisions of the law imposing the declaration of suspicion on an employee of the Attorney or on a Compliance Officer concerning information covered by the professional secrecy of the Attorney, the basis of Democracy, must therefore be canceled.
This reasoning is remarkable and very solid.
It is not unique to Belgium.

 

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