The NMa published the consultation paper “NMa Procedure relating to analogue and digital investigations” on 8 January 2010. The draft text was available for public response until 12 February 2010 and is expected to be finalised mid-2010.6
The consultation paper will replace the current 2007 guidelines on digital investigations7 and expands its scope by, amongst others, including guidance on the NMa’s procedure in regard of analogue data and information requests.
The consultation paper also takes account of last year’s ruling by the District Court of The Hague against “fishing expeditions” by the NMa during dawn raids8 by providing the relevant company the opportunity to be present during the examination of the digital copies it claims are outside the scope of the NMa’s investigation. In addition, the NMa has introduced the “sealed envelope” procedure known from European case law9, to further safeguard legally privileged documents during NMa dawn raids.