In Peru, the common law concepts of legal advice privilege and litigation privilege are encompassed within professional secrecy, which is recognized as a constitutional right not only for the legal profession, but also for all professionals who, through their profession, employment or another kind of relationship, obtain information from their clients.

This right applies regardless of the instrument in which the confidential information is recorded, and indeed even if it is not recorded. It also applies to information that is not provided by the client, but acquired by the professional because of the relationship with their client. In this sense, according to the Peruvian Constitutional Court, which is the entity in charge of interpreting the Peruvian Constitution, professional secrecy obligations extend to several professions in order to maintain confidentiality in information handled by a client, with regard to statements, facts and other forms of information.

The law protects the owners of confidential information by allowing them to prevent its disclosure, and also protects professionals who may rely on this right if someone (whether a state entity or private individual) requires that such information be disclosed. Therefore, according to binding decisions of the Peruvian Constitutional Court, legal communications and documents prepared by or for lawyers are protected under the scope of professional secrecy.

Nonetheless, the legal privilege consists of not only a right, but also a duty of loyalty and confidentiality on the part of the professional and a duty on the part of the government and third parties to refrain from any act of coercion against the professional to obtain the disclosure of protected information.

In addition to the constitutional provision, professional secrecy is recognized in other provisions. The Civil Procedure Act and the Criminal Procedure Act provide that no one may be compelled to testify about facts or information obtained under professional secrecy. On the other hand, the Criminal Code criminalizes the disclosure of information obtained under professional secrecy without consent, if the disclosure may cause damage. The exception, according to the Penal Code, is where such professionals are under the obligation to deliver such information according to the limits established by the Peruvian Constitution.

Moreover, Peruvian lawyers, who must be licensed by a bar association in Peru, are subject to the Attorney's Code of Ethics (2012), which is the result of a joint decision of the Deans of the Peruvian Bar Associations. This code regulates attorney-client privilege, stating, primarily, the following provisions:

• If the attorney discloses confidential information that causes any damage, they are liable for such losses
• The attorney-client privilege is permanent
• The attorney-client privilege extends to the lawyer's office or firm
• The attorney is permitted to produce academic texts including information obtained in their legal practice, but must not reveal details of the case or the identities of the people involved, except with the consent of the client
• The attorney may reveal information with the consent of their client and/or if disclosure is necessary to protect legitimate interests
• The attorney must disclose information protected by professional secrecy as necessary to prevent the client from causing serious harm to the physical or psychological wellbeing or life of a third person