Safeguarding legal privilege: better safe than sorry?
/The European Court of Justice recently ruled that the European Commission does not have to take additional precautionary measures to respect the right of legal professional privilege when conducting a new dawn raid at the same company. Companies are well-advised to mark clearly all communications covered by legal privilege as 'privileged and confidential' and to keep all privileged communication separate from other communication.
However, solely marking communication as privileged and confidential does not automatically make it so; the CMA imposed a GBP 20,000 fine on technology company Sabre for (initially) having ‘over-designated’ documents as privileged. Companies should always verify whether the documents have been rightfully designated as privileged by checking their contents.
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