Dutch lawyers and notaries protest changes to professional privilege

Dutch lawyers and notaries are protesting proposed changes to professional privilege within the new Code of Criminal Procedure. The Dutch Bar Association (NOvA) and the Royal Dutch Notarial Association (KNB) argue that the Second Amendment Act undermines the confidentiality of legal correspondence.

The proposed legislation would grant public prosecutors a larger role in assessing whether certain information is protected by privilege, particularly when filtering large volumes of digital data. Both professional organizations contend that this shifts too much power to the prosecution and reduces the role of the examining magistrate to a mere ‘residual function.’

Critics point out that the proposal conflicts with recent Supreme Court jurisprudence and previously passed legislation that anchored the central role of the examining magistrate in protecting privileged information. While the government cites the practical burden of filtering massive amounts of digital data as a reason for the change, the NOvA and KNB maintain that capacity issues should not compromise fundamental legal safeguards and the right of citizens to seek confidential legal counsel.