Niezapowiedziana kontrola Prezesa UOKiK – nowy standard pozyskiwania dowodów w formie elektronicznej.
Unannounced inspections made by the President of the Office of Competition and Consumer Protection (UOKiK) – new standard for the gathering of electronic evidence.

Commentary on the order of the Polish Court of Competition and Consumer Protection of 7 March 2017, XVII Amz 15/17

Summary/Abstract: The commentary discusses the order of the Polish Court of Competition and Consumer Protection (SOKiK) regarding the powers of the Polish Competition Authority (the President of the Office of Competition and Consumer Protection) to search IT systems and hardware (e-mails and hard disks) during dawn raids. This order prohibits the current practice of the President of the Office of Competition and Consumer Protection whereby electronic data is copied without prior selection and taken away from the premises of the inspected undertaking for further analysis at the authority’s premises. The order clearly states that the President of the Office of Competition and Consumer Protection conducting an unannounced inspection is obliged to select evidence at the premises of the undertaking, and copy only that information which is relevant to the case. The analysed order also confirms the need for the protection of legal professional privilege within antitrust inspections, and creates the grounds for further debate on its possible scope.

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