Checklist in case of an unannounced inspection/dawn raid conducted by the ACM or the European Commission

At the beginning of the inspection

  1. Check and make copies of the officials’ proof of identification.
  2. Check and make copies of the document authorising the investigation. Promptly send a copy of this document to your legal counsel.
  3. Request that officials to wait until your legal counsel has arrived.
  4. Discuss the following topics with officials before they commence the search:
    • Who will answer any questions on behalf of the company;
    • Whether the investigating authority will provide copies of the documents they intend to seize and/or copy;
    • Whether there will be a digital investigation. If so, discuss how your own IT specialist will be involved in the investigation and ensure your legal counsel has a chance to review the digital files before they are copied onto the official’s own devices.

During the inspection

  1. Make sure that the investigation remains within the legal scope of the document authorising the investigation.
  2. Answer any questions to the best of your ability, but only in the presence of legal counsel.

After the inspection

  1. Request a copy of all copied documents. Also ensure that you have a copy of any interviews officials may have conducted during the inspection.
  2. Have clear follow-up agreements in place with the investigating
  3. If certain parts of the premises are sealed, ensure the seal will not be broken before officials return.

Discuss appropriate follow-up measures internally and with your legal counsel. Such measures include the need for internal and/or external communication, and the potential need to launch an internal investigation into the alleged infringements.