CERIL

Introduction

This Working Party examines confidentiality, secrecy, and privilege issues in insolvency proceedings for corporates and banks. It attempts to fill the gap in legislation; address the lack of clear definitions and incomplete laws, including parties’ conduct regarding providing or withholding information, and analyse cases with regard to the application of these themes in corporate insolvency and bank resolution proceedings.

Chairs

Prof. Bob Wessels
Prof. Ignacio Tirado

Current Projects

• Confidentiality, Secrecy and Privilege: The Position of Judges
  Reporters: Prof. Ignacio Tirado and Prof. Bob Wessels
  Research Associates: Dr. Shuai Guo and Ms. Defne Taşman
  
  This project aims to provide the judicial perspective on the recommendations of Reports and Statements 2022-3 and 2023-1. The Working Party 13 Co-Chairs and Research Associates collaborate with the CERIL Judicial Group which consists of CERIL (former) Judicial Conferees. The list can be found below.

Completed Projects

• Confidentiality, Secrecy and Privilege: The Position of Insolvency Practitioners
  In this Statement and Report, CERIL recognises the significance for an IP and the interests it has to take into account to have access to and availability of relevant information as a vital requirement for an efficient corporate restructuring process. With the EU Restructuring Directive (2019/1023) being silent on confidentiality, secrecy and privilege of information, this is CERIL’s second report in the series, following its Report 2022-1 on the position of insolvent debtors. This second part of the study considers the position of insolvency practitioners. CERIL firmly recognises the necessity to have the IP involved provided with all relevant business related information. This should allow those who are involved in a restructuring process (especially creditors and shareholders) to act or decide on the basis of adequate information having been made available to them as freely and rapidly as is reasonably practicable.

  Based on this central premise, in this report, CERIL has adopted seven recommendations that EU Member States may want to take into consideration when formulating or amending their preventive restructuring laws. 

  
  Reporters: Prof. em. Bob Wessels and Prof. Ignacio Tirado
  Research Associate: Dr. Shuai Guo
  
  - CERIL Statement 2023-1 on Confidentiality, Secrecy and Privilege – The Position of Insolvency Practitioners
  - CERIL Report 2023-1 on Confidentiality, Secrecy and Privilege – The Position of Insolvency Practitioners 

• Confidentiality, Secrecy and Privilege: The Position of the Insolvent Debtor

  In this Statement and Report, CERIL identifies that information plays a key role in the corporate insolvency process and preventive restructurings. With the EU Restructuring Directive (2019/1023) being silent on confidentiality, secrecy and privilege of information, this is CERIL’s timely first report in a project on reviewing the preferred position of insolvent debtors, insolvency practitioners, and courts and other insolvency authorities. Taking the debtor’s viewpoint, CERIL recognises the significance for a debtor to be able to keep certain information confidential, while identifying the need to impose a duty of disclosure on debtor.

  
  Reporters: Prof. em. Bob Wessels and Prof. Ignacio Tirado
  Research Associate: Dr. Shuai Guo
  
  - CERIL Statement 2022-1 on Confidentiality, Secrecy and Privilege – The Position of the Insolvent Debtor
  - CERIL Report 2022-1 on Confidentiality, Secrecy and Privilege – The Position of the Insolvent Debtor

Members part of