Confidentiality is generally lost whenever a privileged document or information is disclosed to a third party, save where it has been disclosed under a legal requirement and to a specific public authority. The most effective manner to protect confidentiality in such a case is to enter into a nondisclosure agreement (NDA) with the third party. However, such NDA shall not prevent confidential documents from being seized by public or criminal authorities when it is permitted by law.

It should be noted that Luxembourg Attorneys remain bound by confidentiality even when such confidentiality is lost by the client, i.e., if the document or information has already been disclosed to a third party.

Clients may disclose privileged communications without their Luxembourg Attorneys' prior authorization.