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<p>The right to confidential communications between lawyer and client is widely recognised by the European Court of Human Rights, and more recently also in the case law of the Court of Justice of the European Union, albeit related to competition law cases. Its protection poses new challenges in the digital society, since the safeguards foreseen for physical searches are no longer valid to ensure the proportionality principle when carrying out computer searches or massive interception of communications, especially in the cross-border gathering of digital evidence by way of the European Investigation Order. This article seeks to draw attention to the current shortcomings in a digital context and the need for a European legislative action to ensure the respect of the right to lawyer-client privilege.</p>

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Digital searches and the right to lawyer-client confidentiality at European level: the need to increase safeguards in cross-border criminal proceedings

  • 期刊论文

  • 发表日期：

    2025年9月29日

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  • Lorena Bachmaier Winter

摘要

The right to confidential communications between lawyer and client is widely recognised by the European Court of Human Rights, and more recently also in the case law of the Court of Justice of the European Union, albeit related to competition law cases. Its protection poses new challenges in the digital society, since the safeguards foreseen for physical searches are no longer valid to ensure the proportionality principle when carrying out computer searches or massive interception of communications, especially in the cross-border gathering of digital evidence by way of the European Investigation Order. This article seeks to draw attention to the current shortcomings in a digital context and the need for a European legislative action to ensure the respect of the right to lawyer-client privilege.