Yes, Dutch law recognizes the concept of legal professional privilege and secrecy for lawyers admitted to the Dutch bar for both communications (lawyer-client communication and communication between lawyers) and documents. Unlike in other jurisdictions, no distinction is made between legal advice privilege and litigation privilege.

The obligation of secrecy is provided for in the Dutch Criminal Code, the Rules of Professional Conduct of the Netherlands Bar Association and, in more general terms, in the Lawyer Act. The Dutch Code of Civil Procedure, Code of Criminal Procedure and General Administrative Act provide for a corresponding form of privilege: a person who by virtue of their appointment, profession or employment is bound by confidentiality can be excused from the obligation to testify regarding information that has been entrusted to them within that capacity. The obligation of secrecy and the right to legal professional privilege are both endorsed in case law of the Supreme Court.

The basis of the right of legal professional privilege is a general principle under Dutch law that the right to turn to a lawyer freely and without fear of publication of what has been discussed prevails over the public interest of bringing the truth to light in court.

There is an obligation under Dutch law to report serious crimes. This obligation applies to everyone, except for lawyers who are discharged from this obligation if, and insofar as, the knowledge of the serious crimes have been entrusted to them in their capacity as lawyers. Nevertheless, if a lawyer is suspected of serious crimes, such as a joint criminal venture with clients, the right to legal professional privilege and the obligation of secrecy may be set aside.