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That makes me extremely worried about the amendment to extend duty of secrecy to in-house lawyers.
I hope that this assurance can represent common ground between the Commission and those seeking to extend the duty of secrecy to in-house lawyers.
Second, there is a particular prohibition on taking corporate opportunities and a duty of secrecy, AktG 93(1).
That duty of secrecy, taken to the extreme, could hinder certain objectives pursued by the control authorities, which, ultimately, consist of ensuring that the markets behave properly.
The case before us was, at least, an unusual one; and it would, consequently, require more liberal recognition of bounds of the duty of secrecy than would hold under ordinary conditions.
There are two points to be observed in the canon: First, there is an express exemption from the duty of secrecy where such duty should conflict with one imposed by the civil power under a certain penalty.
However, the question of duty of secrecy for in-house lawyers essentially arises in the context of inspections attempting to establish the existence of serious restrictions which fail to comply with the provisions of Article 81(3).
Furthermore, internal communications between a company lawyer and his employer are so numerous and indistinguishable from purely company advice - which differs from legal advice - that duty of secrecy for in-house lawyers could create conditions ripe for concealing documentary evidence.