The AFM's revised procedure for viewing and copying digital data took effect on 24 February 2011 and replaced the 2006 procedure, which no longer met current practice. The revised procedure sets out how AFM supervisors will carry out their powers to inspect and copy business data and documents. The procedure also governs the gathering of (digital) information in situations other than an on-site investigation. The company which is being investigated must cooperate with such information-gathering process.
The new procedure retains the existing safeguards aimed at keeping private digital data outside the scope of the investigation. In addition, safeguards for legally privileged information have been reinforced by the introduction of a privilege officer, whose task is to assess if a company is making a valid claim that data and documents are privileged. The privilege officer is not involved in the investigation. If a company disagrees with the officer's assessment, it may submit the issue to the courts.