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Intellectuele eigendomrecht en technologie

Halet v. Luxembourg – The European Court of Human Rights strengthens whistle-blowers’ protection under their right to freedom of expression and to impart information

· Marion Nuytten

This case (21884/18) concerned the leak of confidential tax related documents by a former employee of PwC, M. Halet, which led to the so-called LuxLeaks Scandal. M. Halet delivered to the media 14 tax returns and 2 accompanying letters, confidential documents obtained from his workplace. Those disclosures revealed highly advantageous tax agreements between multinational companies and the Luxembourg tax authorities. Following the disclosures, M. Halet was dismissed by his employer and additionally convicted by the national courts of Luxembourg for the offences of theft and of breach of professional secrecy to pay a criminal fine of 1.000 euros and a symbolic sum of 1 euro in compensation for moral damage caused to his former employer. ...

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