Internal investigations - legal situation, possible options and legal-political need for action

In June 2018, the German Constitutional Court decided on the search of a law firm and the securing of documents and data in the firm’s premises by the Public Prosecutors’ Office. The Court rejected the respective constitutional complaints and regarded the prosecutions’measures as lawful. The Court’s orders received immense public attention as the constitutional complaints were filed by Volkswagen AG, Jones Day, and the firm’s lawyer in connection with the “diesel emissions scandal”. Besides, the orders were discussed intensely among legal experts, as the Court severely limited legal privilege in Germany. This article examines the Court’s orders and its consequences, in particular with regard to internal investigations. In addition, the authors draw a comparison with legal privilege under U.S. law and discuss possible options to avoid extensive disclosure of documents and data. Finally, they demand legislative action and request the legislator to provide adequate safeguards for internal investigations