COMPLIANCE & RIGHT · TREATY
If investigators appear unannounced in the company, there is little time left for fundamental organisational issues. A prepared responsibility helps the reception as well as management and IT. We advise on the legal preparation of government measures and on safeguarding the rights of the company in a concrete situation.
Not every administrative measure follows the same rules
A criminal investigation, a antitrust review and a technical control have different foundations. The scope, participation obligations and appeals depend on the measure in question. The position of the company and individual employees must also be clarified. A general instruction that no one should say or give out can therefore be wrong.
In the case of a criminal search, §§ 102 and 103 StPO distinguish in particular between accused persons and other persons. Additional rules apply to documents and electronic data. The concrete arrangement and the actual process must be considered together.
The first organizational steps
The reception should inform the competent internal contact persons immediately and communicate the representatives of the authorities to a responsible person. The service cards and the order shall be accepted; Start, involved persons and affected rooms are documented. Legal assistance should be sought immediately. There is no general claim that the Authority suspends any measure until its arrival.
Legal measures must not be hindered. At the same time, scope and basis can be examined, objections recorded and necessary remedies prepared. Statements on the matter should only be made when the role, obligation to provide information and possible own concern are clarified. Individual employees may need their own representation.
Data and documentation during the measure
Documents, files and communication processes must not be destroyed, altered or removed. Automatic extinguishing operations shall be appropriately coordinated with the responsible persons and legal assistance. The IT should be able to explain known systems and document technical measures. Uncoordinated switching off of devices can damage evidence and interfere with operation.
In the case of legal documents, private data and information outside the subject matter of the investigation, protection issues must be clarified in a targeted manner. Labelling as "confidential" or "prosecutionally" does not, in itself, result in a comprehensive freedom of seizing. Records of taken documents and secured data carriers should be carefully checked and kept.
Preparation without sham security
An emergency plan requires names and representations, achievable contact channels, clear tasks for reception and IT as well as instructions for documentation. It must be available at the sites where a measure can take place. Regular exercises often show simple gaps: A contact person has left, a representation is missing or no one can reach the responsible IT person.
A simulated search can test the processes. The scope and roles of the exercise shall be determined in advance and clearly distinguished from a genuine administrative measure. The evaluation should lead to concrete changes, such as an updated contact list or a more understandable reception instruction.
Follow-up and further decisions
According to a measure, facts, a register of seizures, time limits and possible remedies are to be viewed. At the same time, it may be necessary to check whether insurers, bodies, business partners or other bodies need to be informed. An internal investigation shall be organised in such a way that legal obligations and rights of defence are taken into account.
The Checklist for government visits helps with the organizational preparation. It does not replace advice during a specific measure. In the case of urgent question Please specify explicitly the current measure and existing deadlines; the completion of the time-limited task must be confirmed.
Legal basis and decisions: Code of Criminal Procedure, in particular §§ 102–110; GWB – Investigating powers of antitrust authorities; Regulation (EC) No 1/2003, and in particular Article 20 thereof..
Situation as at 2 November 2026.
Further reading: Internal investigations · Competition law · Training and workshops
Four practical examples
The following fictitious cases illustrate typical examination questions. The concrete solution depends on the circumstances of the individual case.
01 · Investigators at reception
Reception and management activate emergency contact. Identity, legal basis and scope are documented; the measure is not hindered.
02 · Searching server data
The IT should provide extensive data. Extent of search, securing, logging and possible protected stocks are treated under legal supervision.
03 · Spontaneous employee survey
Employees are addressed to processes. Their respective procedural role and instructions are clarified; improvised assumptions do not replace certain facts.
04 · Documents according to the measure
The company receives a security register. Content and completeness are examined, deadlines are recorded and necessary steps are coordinated with the further clarification of the facts.
Your next step
Do you want to transfer the requirements to your company or have a specific process checked? A brief description and a reference to existing deadlines are sufficient for the first contact. We shall vote on the scope of examination and compensation prior to commissioning.