What to do in the event of a dawn raid

Ensure there is a designated key individual(s) within your organisation to manage dawn raids. As soon as the officials arrive, your key individual must be contacted to oversee these steps.

1. Immediately contact the external lawyers.
2. Ensure the officials remain accompanied at all times; any questions should only be answered in the presence of a lawyer or in-house counsel.
3. Ask the officials to wait until the lawyer has arrived, though do not obstruct the investigation.
4. Verify and record the officials’ identification (name & ID no.) and their time of arrival.
5. Accompany the officials to an empty conference room (one without files or computers).
6. Confirm the reasons for the investigation and whether the organisation is required to comply.
7. Contact your IT experts and clarify what information is available on-site.
8. When the lawyers arrive, provide a full report on everything that has happened up until that point.
9. Ask for a copy of all documents gathered by the officials during the dawn raid.

During a dawn raid, officials from any of the authorities listed above can exercise the following investigative powers:

• Enter any business premises, land or means of transport without prior consent
• Conduct interviews and ask questions (the presence of a lawyer is always advised in such circumstances).
• Examine business records that fall within the scope of the investigation
• Examine formal and informal documents (including emails, notes, minutes, agendas, phone records, social media accounts and text messages).
• Ask for access to physical filing cabinets and desk drawers.
• Take copies or make extracts from physical and digital records.
• Seal access to conference rooms or other business objects (breaking or otherwise interfering with official seals, by any person, can result in substantial fines).

Use these details to immediately contact us if you are the subject of a dawn raid from:

• European Commission +31 20 578 56 14 (NL) or +32 2 773 23 44 (BE)
• Belgian Competition Authority (BCA) +32 2 773 23 44
• Dutch Authority for Consumers and Markets (ACM) +31 20 578 56 14
• Dutch Health and Youth Care Inspectorate (IGJ) +31 10 224 64 16
• Dutch Data Protection Authority (AP) +31 10 224 64 16
• Dutch Healthcare Authority (NZa) +31 20 578 56 14