Guidelines

What documents must the officials present?

To perform an inspection the officials must deliver written authorisation issued by the President of the Office of Competition and Consumer Protection (UOKiK) or by the regional inspector of the Trade Inspection as well as their official identity cards. In case of a search the officials must deliver a decision issued by the Competition Court (SOKiK) approving the search.
Make sure you read the authorisation document and SOKiK decision approving the search and check that they:
- correctly specify the company
- indicate the subject, scope and the legal basis of the inspection
- specify the commencement date of the inspection and expected date of completion of the inspection
- give the name and other information identifying the officials authorised to carry out the inspection
- contain the signature of the authorising / approving person
- contain instructions on the rights and obligations of the inspected entity.

The officials are entitled to access the buildings, premises and means of transportation owned or used by the company. They can request the presentation of documents related to the subject of the inspection as well as oral explanations. While conducting an inspection the officials may be supported by police officers.
You are obliged to cooperate with the officials during the inspection and you cannot deny the officials access to any of the premises or objects indicated in the authorisation.
The scope of the inspection has to be indicated in the authorisation document. Usually it is worded very broadly and covers all possible evidence, including documents, IT systems and data carriers in the company’s possession.
In justified circumstances the officials may record the inspection or any specific operation with video or audio equipment.
The officials may only conduct a search of the premises, means of transportation or items with the SOKiK’s consent.
The officials are entitled to search employee’s’ households and means of transportation (e.g. cars) with the SOKiK’s consent.

Correspondence with in-house lawyers is not treated as privileged. This means that the officials may review, copy and, in specific circumstances, seize such documents. Correspondence with external lawyers should be treated as privileged. You should warn the officials if they intend to view or copy such correspondence. In case of doubt as to the nature of the correspondence, the matter may be resolved by a court.

The officials are entitled to inspect the documents even if they include business secrets. Upon the officials’ request you are obliged to make copies of those documents and certify their compliance with the originals.
Ensure that all copies of any confidential documents are stamped “Confidential” and that a duplicate set of the documents examined, copied or removed by the officials has been made.

The officials are entitled to request access to the company’s IT systems and / or external servers used by the company to retrieve documents. This includes access to files stored on computers and any other data-carrying equipment such as tablets or mobile phones used for business purposes. Upon the officials’ request you are obliged to provide them with such access.
Ensure that a copy of all electronic files which the officials have examined or copied has been made.
The officials are entitled to select the relevant electronic files on-site and take with them only copies of electronic files within the scope of the investigation or take the copies of electronic files with them (in sealed envelopes) to their office. In the latter case, the selection of the relevant electronic files is made in the officials’ office, however, the company’s lawyers are entitled to participate in such selection.

The officials are under an obligation not to examine or to stop examining documents or other evidence if they are obviously not related to the subject matter of the investigation.

During the inspection UOKiK may issue a decision on seizing for a maximum of 7 days all kinds of documents or data carriers which may be used as evidence.
In such a case the officials should prepare a seizure protocol and provide a receipt specifying the objects that were seized.
Evidence may also be secured by way of storing it in separate, locked and sealed premises. Ensure that the seal is not breached even unintentionally (e.g. by cleaning staff), because such infringement may result in a high fine.

The officials are entitled to interview persons authorised to represent the company, possessors of searched premises or items as well as employees, including any person employed by the company under a contract other than an employment contract, (e.g. B2B, contract of mandate).
Oral explanations may only concern the subject of the inspection.

Ask to be questioned only in the presence of an external lawyer.
You may refuse to provide explanations only if an answer could lead to criminal liability for yourself or a person close to you.

Answer only the questions asked and actually related to the purpose of the inspection.
Give concise, factual and accurate answers only within the scope of your knowledge. Do not give any opinion or make any assumptions.
If the officials record the interview, request a copy of the recording. In other cases, take notes of all questions and answers. Ask the officials for the opportunity to review and confirm the notes concerning the interview.