In The Protective Shield Of Confidentiality

On the recent decision of the German Federal Court of Justice ("BGH") on the release of professional secrecy by insolvency administrators in insolvency proceedings (BGH StB 44/20, 43/20 and 48/20 of 27.01.2021)

• Holding: In principle, those companies who have a protected relationship of trust with an advisor subject to professional confidentiality (lawyers, auditors, tax consultants, etc.) are authorized to release that advisor from such confidentiality. In particular, in the case of companies, the persons authorized to represent the company at the time of the witness statement are authorized to issue the release declaration.
• New clarification by the BGH: If the relationship of trust in insolvency proceedings concerns matters of the debtor's estate, the insolvency administrator may also be entitled to release the professional secrecy holder from confidentiality.