Guidelines

Never voluntarily surrender any objects or documents. Always insist on a formal seizure. However, do not resist formal seizure. Beware: always ask for a copy of the seizure minutes. 

• In principle, the officials may seize originals of all documents, even if they contain business secrets. Beware: always make one copy of such document for the external lawyers.
• The following documents may not be seized, copied or inspected by the officials:
  • Correspondence in the company with an external lawyer if this refers to investigation proceedings already under way;
  • Documents which the company or the accused employee clearly prepared for the defense in the proceedings already under way;
  • Private documents in so far as those are of no significance as evidence.
• If the officials want to inspect such privileged documents, only show those parts of the documents which prove their privileged character. If the privileged character of certain documents is contested, request that these documents be placed in sealed envelopes or boxes until a final decision as to the privileged character has been made.

• In general, the officials are also entitled to seize computers and other objects. Moreover, they may make electronic copies of computer files. However, request that computers are left at the company. Grant access to computer files by providing passwords.  Beware: always ask for a copy of the seizure minutes. 
• If appropriate, inform the officials that documents – which are privileged or which are not related to the accusations - are saved on the computer which may not be copied. In this case request that the officials do not seize the computer or data storage media, respectively. In this case request that the officials check each file rather than copying the entire storage medium. Beware: always make an electronic copy of all computer files which the officials take away for the external lawyers.
• Further request that the officials only make random checks of folders and files which are not related to the accusations raised.

The officials may also seize “random finds”. These are objects not relating to the subject matter of the current investigation. The officials are not allowed to search systematically for random finds.

• After conclusion of the inspection you should insist that the officials make a precise list of all evidence seized. If nothing suspicious is found during the inspection ask for a written confirmation thereof. 
• The officials are entitled to affix seals inter alia to premises, rooms, cupboards and documents, e.g. if an inspection lasts several days. In this case ask for a written confirmation of the officials on the time when is fixed the seal. Do not break this seal. Breaking a seal is a criminal offence and can lead to very high fines for the company.