DAC6 requirement to notify other intermediary breaches lawyer-client confidentiality

The CJEU has found, in case C-694/20 delivered on 8 December 2022, that Article 8ab(5) of Directive 2011/16, as amended, infringes the right to respect for communications between a lawyer and his or her client, guaranteed in Article 7 of the Charter of Fundamental Rights, in so far as it provides, in essence, that a lawyer-intermediary, who is subject to legal professional privilege, is required to notify any other intermediary who is not his or her client of that other intermediary’s reporting obligations.

Read the judgement here.