The Netherlands Competition Authority (NMa) published the NMa Digital Procedure 2007, in which the NMa indicates how it demands inspection of and copies digital data during and following dawn raids. The aim of the new procedural notice is make NMa investigations more efficient while at the same time respecting the right of the investigated companies.

The procedural notice pays a lot of attention to transparency and guarantees towards the investigated companies. An investigated company will be given the opportunity to indicate which data are covered by the legal privilege of its attorneys and which data are private. Such data will be left out of the investigation.

If the NMa makes ‘forensic images’ during an investigation, e.g. an integral copy of a computer hard disk, the company will be enabled to indicate which data are outside the scope of the investigation. Interested parties will be allowed to be present during the review of the data.

Source: Press Release NMa, 18-12-2007at