Checklist in case of an unannounced inspection/dawn raid conducted by the ACM or the European Commission
At the beginning of the inspection
- Check and make copies of the officials’ proof of identification.
- Check and make copies of the document authorising the investigation. Promptly send a copy of this document to your legal counsel.
- Request that officials to wait until your legal counsel has arrived.
- 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
- Make sure that the investigation remains within the legal scope of the document authorising the investigation.
- Answer any questions to the best of your ability, but only in the presence of legal counsel.
After the inspection
- Request a copy of all copied documents. Also ensure that you have a copy of any interviews officials may have conducted during the inspection.
- Have clear follow-up agreements in place with the investigating
- 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.