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ARTICLE · 17 MARCH 2014

Get Ready For The Dutch Competition Authority’s New Dawn Raid Guidelines

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

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The ACM has published new digital dawn raid guidelines specifying how it uses its powers to inspect and copy digital media.

NetherlandsAntitrust/Competition Law
Erik Pijnacker Hordijk
Erik Pijnacker Hordijk
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The ACM has published new digital dawn raid guidelines specifying how it uses its powers to inspect and copy digital media. The guidelines also contain safeguards regarding legally privileged data. The ACM, like the European Commission, has been increasing its focus on digital data during dawn raids. It is thus important to take steps in preparation for a potential dawn raid regarding not only a company's hard copy files, but also its IT system. A designated IT representative and a general document management policy are advisable.

Only documents which:

  • are not of a private (i.e., non-business) nature
  • are not covered by legal professional privilege (LPP)
  • are relevant for the subject matter and purpose of the investigation

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