Therefore, in any investigation relating to Switzerland, it must be established at the very beginning of the investigation whether the company wishes the investigation results to be subject to
Swiss legal privilege.
As indicated, the final investigation report (containing not only a legal assessment of the facts but also the facts established by the investigation) will be subject to
Swiss legal privilege.
Not exact matches
Under
Swiss law, only
Swiss attorneys or EU lawyers authorised to practise in Switzerland enjoy
legal privilege (attorney professional secrecy).
Given the Financial Action Task Force (FATF) new anti-money laundering standards to be implemented in
Swiss law in the next future, the attorney
privilege might become no more applicable when it comes to
legal counselling provided in relation to the creation of offshore
legal structures, even in cases where only typical attorney activities had been carried out.
Furthermore, only
Swiss attorneys or EU lawyers authorised to practise in Switzerland can enjoy
legal privilege.
Therefore, any
Swiss internal investigation or international internal investigation with a
Swiss angle needs to carefully assess at the outset the requirement for confidentiality and the scope of the
legal privilege under
Swiss law available and to structure the investigation accordingly.
In administrative proceedings, the
Swiss Competition Commission issued guidelines and held that a document may not be searched and seized if it relates to correspondence between a company investigated by the Commission and a registered
Swiss attorney or attorneys authorised in member states of the EU or EFTA (which means that correspondence with attorneys from third - party states is not deemed to be protected under
legal privilege by the
Swiss Competition Commission).
The protection available under the
Swiss concept of
legal professional
privilege is compared with other jurisdictions.