Professional Confidentiality

Professional secrecy is the foundation of the relationship of trust between the Jurisserv firms and their clients. All the professionals of the firms are bound by a strict duty of confidentiality regarding the information they learn in the exercise of their activity.

Regulatory framework

The duty of professional secrecy of the lawyers of the Jurisserv firms practising in Spain is founded on article 542.3 of the Ley Orgánica del Poder Judicial, on article 32 of the Estatuto General de la Abogacía Española and on the Código Deontológico de la Abogacía Española. For economists and tax advisers, the profession’s own Code of Conduct applies in addition. Professionals practising in the other jurisdictions are bound by the equivalent duties of professional secrecy under their applicable legislation.

Protected information

The duty of professional secrecy extends to:

• All information, whether oral or written, received from the client.
• Communications held with the client and with third parties in connection with the matter.
• Documents produced or received in the course of the engagement.
• The very fact that a professional relationship with the client exists.

Technical and organisational measures

In order to preserve confidentiality, the Jurisserv firms apply measures that include:

• Filing and communication systems protected by encryption.
• Access control based on the need-to-know principle.
• Confidentiality agreements with all professionals, collaborators and external suppliers.
• Continuing training on information security and data protection.
• Periodic compliance audits.

Exceptions provided for by law

The duty of professional secrecy yields only in the cases exhaustively provided for by law, in particular: (i) where the client expressly waives it, (ii) where there is a legal reporting obligation (notably in anti-money laundering matters under Ley 10/2010 or the equivalent legislation of each jurisdiction), or (iii) upon a final court order. In such cases, the firm will disclose only such information as is strictly necessary.