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Recognition of Legal Professional Privilege to In-House Councel and Boundaries to the Seizing of Business Data during Inspections

Jeroen Dewispelaere


On 5 March 2013, the Brussels Court of Appeal rendered a landmark judgment in which it confirmed the plea of Belgacom, the historic telecommunications operator in Belgium, that advice from in-house lawyers benefits from the legal professional privilege and may therefore not be examined by the Belgian Competition Authority. The Court also ruled that the selection of digital files seized during an inspection must be based upon precise, appropriate and proportionate keywords. In particular, there must be a relevant link between the subject-matter and the purpose of the inspection on the one hand and the search term(s) on the other.

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