Retrieval Of Mobile Phone Data During Dawn Raids Upheld By Dutch Court

In Short

The Ruling

The far-reaching retrieval of mobile phone data during dawn raids by the Dutch competition authority is permissible, even if encompassing data of a non-business nature, as affirmed by a recent ruling of the Hague District Court.

The Result: Companies cannot challenge such dawn raid seizures of mobile phone data solely on the ground that these also include data of a non-business nature.

Looking Ahead: This court ruling upholds the Netherlands Authority for Consumers and Markets' (the Dutch competition authority) ability to continue to collect and search digital data in line with its current practice, as set out in its 2014 Guidelines on the investigation of digital data.