Now I appreciate this article is in German, but if you are able to translate the copy, it is all about searches around cartel investigations, which is a topic I am really interested in.

If you haven’t got time to translate this, and if you only take one thing away from this piece, then consider the conclusion: “After deciding Les Mousquetaires, the issue of data protection in cartel investigations will continue to gain in importance. In practice, the verification of whether the secured data is private data and the corresponding application should take place during the dawn raid. The criterion of “private data”, along with legal privilege and out-of-scope documents, should therefore move into the focus of the ongoing review of data and documents to be copied and the discussions with the Commission's investigation team as part of the Dawn Raid.”

The standout aspect for me here is around dealing with data correctly. Efficiently and speed is key here, especially if leniency applications are going to be considered. We often get called in to assist clients with raids or information requests, and dealing with data is an essential aspect in this process, especially making sure only relevant data gets reviewed and disclosed.

This is an area that is going to become more and more relevant as we move through 2021, especially as data is more and more critical to so many industries and organisations.