Guidelines

• In principle, the officials are entitled to inspect and copy all the business documents relating to the purpose and subject of the investigation (see 1.(2) above), even if they include business secrets.
• The officials may only seize original documents against a receipt and only in order to make copies (elsewhere) if they cannot make a copy at the premises itself. In such an event, record which documents are seized and describe their content carefully. The officials have to return the originals as soon as the copies have been made.

Important: ensure that of every document copied by the officials, an extra copy is made for the external lawyer.

• The following documents may not be inspected or copied by the officials:
  • Private documents in so far as they are of no significance as evidence;
  • Documents which are not related to the purpose and the subject of the investigation (see 1.(2) above);
  • All correspondence (documents) between the company and an external lawyer admitted to a bar in an EU Member State, Norway, Iceland, Liechtenstein or Switzerland (Important: correspondence with lawyers who are only admitted to a bar in the United States is not covered by this rule);
  • Internal company documents only reflecting and/or containing legal advice given by an external lawyer as described above.
• If the officials insist on inspecting such documents on site, please indicate, when applicable, that the documents in question may contain privileged material. When you provide the officials a sufficiently concrete reason therefore, it should refrain from inspecting the documents. Should the officials nonetheless persist, an official within the authority that has been specifically appointed (so-called legal privilege official) is to assess the privileged nature of the documents prior to the officials being able to inspect the document. Request to be present at the assessment performed by the legal privileged officer, if this takes place on site, or request the officials to place the documents in a sealed envelope or box until a final decision as to their privileged nature has been made. When discussion arises concerning private documents or documents which are not related to the purpose and the subject of the investigation, also request them to be placed in a sealed envelope or sealed box until a final decision has been made.

• If the officials wish to look at electronic files, you must enable them to do so and, if necessary, provide them with the passwords. However, the officials may not seize electronic files, but only make an (electronic) copy ("image") thereof. Try to ensure that electronic files that are not related to the purpose and subject of the investigation are excluded.
• If appropriate, the officials are to provide you with the opportunity to indicate that the electronic files also contain privileged correspondence which may not be copied (see 3.(3) above). Please inform them accordingly. If possible, have the correspondence in question removed before the officials make an electronic copy of the electronic files. In case you have indicated that certain correspondence is privileged, the assessment thereof will be performed by the legal privilege official, either on site or otherwise.
• If the officials have secured electronic files at the premises itself, ask to be invited to be present at ACM offices when the documents are searched on the basis of search terms. After this search, you should be given the opportunity to identify private and privileged documents or documents that are out of the scope of the investigation with the aim to have them deleted.

• The officials are entitled, where necessary, to seal premises and books or other documents, etc. Do not break the seal under any circumstance. Breaking the seal is a criminal offence.