Confidentiality
§ 203 StGB & professional rules
Lawyers, notaries, tax advisors, and auditors are subject to a duty of confidentiality backed by criminal penalties under § 203 StGB (German Criminal Code, professional secrecy). If you involve service providers who may gain knowledge of client secrets, you must commit them to confidentiality in text form – as set out, for example, in § 43e BRAO (Federal Lawyers’ Act) and § 62a StBerG (Tax Advisory Act).
- Confidentiality undertaking in text form before the project starts
- Access limited to what is necessary for evidence
- Client content redacted in the evidence