Grab and Go: EU Top Court Allows Antitrust Enforcers to Seize Work Emails Without Approval

In Short

The Situation: On July 16, 2026, the Court of Justice of the European Union ("CJEU") held that EU law does not bar national competition authorities from seizing business emails during dawn raids without prior court authorization, provided the emails relate to the inspection's subject matter.

The Result: The power is not unlimited. Without prior court authorization, the seizure must be provided for by law, strictly limited, and subject to full judicial review, with adequate safeguards against abuse. For mixed-use devices, access may require prior review by a court or independent administrative body.

Looking Ahead: Companies should use the decision to refresh dawn-raid, data-governance, and device-access protocols. The goal is to help ensure that any dawn-raid collection remains tied to the subject matter of the inspection, that private and professional data can be distinguished where necessary, and that objections can be preserved for later judicial review. The same