If your company is facing an unannounced inspection (dawn raid), an investigation file, or a draft/decision that may lead to significant fines, the first hours matter. I help management teams and in-house counsel handle the inspection lawfully, protect the company’s rights, and prepare the next procedural steps, including a realistic appeal strategy.
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you may need this
- You receive an inspection order and inspectors arrive without notice (dawn raid).
- You are asked to provide immediate access to premises, documents, e-mails, or devices.
- Inspectors request interviews or written statements from staff on the spot.
- Your team is unsure what can be copied, sealed, or removed, and what objections you can raise.
- You receive requests for information (RFIs) with short deadlines.
- You suspect the case is cross-border (EU competition issues) or part of a broader sector inquiry.
- You receive a statement of objections, draft decision, or a decision imposing fines/remedies.
- You need a coordinated internal response (legal, IT, compliance, HR, PR) without creating additional risk.
What we do, step by step
- Rapid intake: clarify the inspection basis, scope, and immediate risks; set an internal command chain.
- On-site assistance (when possible): supervise interactions, document requests, copying, and seals; keep a defensible log of events.
- Document & data handling: help the team respond lawfully, avoid over-disclosure, and preserve evidence for later defence.
- Privilege & confidentiality review: identify sensitive/privileged materials and raise objections or procedural safeguards where available.
- Staff guidance: practical dos & don’ts for interviews, questions, e-mail searches, and internal communications.
- Post-raid triage: secure copies of what was taken, map the facts, build a timeline, and identify key legal theories.
- Investigation phase: help draft responses to RFIs and procedural submissions; prepare the defence package and evidence strategy.
- Decision phase: review the draft/decision, quantify exposure, and plan appeal options (including interim measures where relevant).
Documents/information useful for the first assessment
| Document | Why it matters | Notes |
|---|---|---|
| Inspection order (and any court authorisation, if provided) | Defines the scope and legal basis of the inspection | Send scans/photos ASAP and keep originals safe |
| Inspection minutes, seals, and inventory of copied/collected data | Shows what happened and what evidence was obtained | Keep a contemporaneous internal log as well |
| Requests for information (RFIs) and correspondence with the authority | Deadlines and scope for follow-up obligations | Centralise all communication in one channel |
| Relevant contracts, policies, and internal communications relevant to the suspected conduct | Core defence evidence and context | Preserve data; avoid retroactive edits |
| Compliance programme materials (training, audits, reports) | Can matter for risk analysis and remediation strategy | Provide the current version and history if available |
Risks & common mistakes
- Deleting messages/files or “cleaning up” devices after inspectors arrive.
- Uncoordinated staff answers, speculation, or inconsistent explanations.
- Providing more material than requested (over-disclosure) without a review plan.
- Failing to document what was searched, copied, sealed, or asked during interviews.
- Discussing the case internally in ways that create damaging written records.
- Missing RFI deadlines or sending rushed answers without verification.
- Ignoring cross-border implications (group reporting, compliance, reputational risk).
FAQ
What should we do in the first 30 minutes of a dawn raid?
Confirm who is inspecting, obtain the inspection documents, notify internal decision-makers, and implement a single point of contact for all requests. Start a written log immediately and avoid any deletion or “cleanup” actions.
Can inspectors copy e-mails and take devices?
Authorities typically have powers to examine and copy business records within the legal framework and within the inspection scope. The exact limits depend on the inspection documents and the applicable rules, so the response should be managed case-by-case.
Do employees have to answer questions on the spot?
Inspectors may ask questions about facts within the purpose of the inspection. The safest approach is a coordinated process: identify who answers, ensure accuracy, and avoid guesses; unclear points should be checked and answered through the formal channels when appropriate.
How do we handle legally privileged or confidential material?
Privilege and confidentiality rules can apply depending on the type of document and the applicable legal regime (national/EU). The practical goal is to identify sensitive material quickly, raise objections or safeguards, and keep a clear record of what was claimed and why.
Can we challenge a fine or decision and still work with the authority?
Yes. Defence and cooperation are not mutually exclusive, but they must be planned. The key is to avoid admissions you cannot support, meet procedural duties carefully, and build a defensible record for any appeal.