FINLAND Law and Practice Contributed by: Tuuli Timonen, Annika Lampela and Tony Chokairy, Dottir Attorneys
8. Evidence 8.1 Disclosure
Confidentiality obligations may arise from statutory provisions, contractual arrangements or professional duties. In practice, courts balance the protection of confidential information against the principles of pub- licity and the need to ensure a fair hearing. The courts may restrict access to documents con- taining business secrets, sensitive commercial infor- mation or personal data. Where such information is relevant to the case, the court may still order its dis- closure but adopt protective measures, such as limit- ing access to certain materials or ordering that parts of the proceedings remain confidential, for example, through redactions. 8.4 Witness Evidence Witness evidence plays an important role in Finnish civil proceedings. Witnesses are typically heard during the oral main hearing and give testimony under oath or affirmation. There is no system of pre-trial depositions comparable to those used in some other jurisdictions. Instead, wit- ness testimony is generally presented directly before the court. Witnesses may be examined by the parties and their legal representatives, including through questioning by the opposing party. The judge also has an active role in clarifying testimony and may ask questions to ensure that the facts are properly established. 8.5 Expert Evidence Expert evidence is permitted and frequently used in complex commercial disputes. Experts may provide opinions on technical, financial or industry-specific matters requiring specialised knowledge. Experts are usually appointed by the parties, although the court may also appoint an independent expert if nec- essary. Party-appointed experts typically submit written reports and may be examined at the main hearing. Regardless of how they are appointed, experts are expected to present objective opinions based on their professional expertise. Their role is to assist the court in understanding technical issues rather than to advo- cate for the appointing party.
Finnish law does not recognise broad disclosure or discovery. Instead, document production is governed by the provisions on documentary evidence in the Finnish Code of Judicial Procedure, under which a party may be ordered to produce specifically identified documents that are relevant to the case. 8.2 Privilege Finnish law recognises certain protections that allow a party or witness to withhold evidence. One of the most important, concerns attorney-client confidentiality, which prevents lawyers from disclosing or testifying about information obtained in the course of providing legal advice. In addition, Finnish law provides for other rights to refuse to give evidence, including: • self-incrimination protection, under which a party or witness cannot be compelled to produce evi- dence that would expose them to criminal liability; and • the statutory right to refuse to testify in defined sit- uations, such as those involving close relatives and protections for professionals subject to confidenti- ality obligations (eg, doctors and psychologists). These protections reflect a balance between the need to obtain relevant evidence and the protection of per- sonal relationships, professional secrecy and funda- mental rights. Their scope is defined by law and may be subject to limitations where disclosure is necessary for the proper administration of justice. Protection may be waived if the protected party vol- untarily discloses the information, relies on it in the proceedings or expressly consents to its disclosure. 8.3 Confidentiality Finnish law recognises the protection of confidential information in court proceedings. Unlike privilege, confidentiality does not necessarily prevent disclosure but may justify restrictions on how information is used or disclosed in the proceedings.
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