On 20 June 2025, the Belgian Competition Authority (BCA) published new guidelines on the conduct of inspections (dawn raids). They replace the previous guidelines that had been in force since December 2013. While the BCA’s core powers remain untouched, the new guidelines introduce more detailed procedures, expanded IT search capabilities, privacy considerations and increased cooperation obligations for companies.
The guidelines constitute a pragmatic tool aimed at informing companies of their obligations with regard to inspections and of the practical aspect of such inspections.
Search powers
The core powers of the BCA’s inspectors remain largely unchanged: the inspectors may enter business premises, vehicles and even private homes of directors or staff where relevant materials may be found.
The new guidelines explicitly state that the BCA is allowed to request assistance from the police if needed. The Competition Prosecutor General can also formally appoint external experts to assist the BCA during the inspections.
The BCA may examine and copy all documents and data in any format or location, provided the integrity of the systems is not compromised. These broad powers are in line with the Belgian Code of Economic Law and reflect current enforcement practice.
Procedure and end of the inspection
The main changes in the new guidelines concern the detailed structure of the procedure. At the beginning of the inspection, the company receives the search warrant, the judge’s authorisation and the expert appointment decision. It must sign a document acknowledging receipt. Although companies may be assisted by a lawyer, the BCA is not required to wait for the external legal counsel to arrive before proceeding. In practice, the BCA waits for around 30 minutes for the arrival of the undertaking’s legal counsel.
At the end of the inspection, the company will receive a copy of all paper and electronic documents taken, along with an inventory list. Investigators must review the selected data on-site, in the presence of the company, to determine whether any content is protected by legal professional privilege (LPP) or falls outside the scope of the warrant.
Following a well-established practice, all collected data is then categorised into:
- “in scope” (undisputed material);
- “LPP” (disputed privileged documents); and
- “out of scope” (material the company claims is aimed at by the warrant).
Only “in scope” documents are examined further. Documents in other categories are sealed in secure envelopes for later review by an independent auditor. Companies are given at least 10 working days to identify and justify which sealed documents they dispute.
Companies may now also request confidential treatment of certain documents and submit a redacted version or summary, which must be done within 10 working days after the investigation closes.
Finally, investigators must delete all temporary copies made during the search and return any company equipment used. They may retain two identical copies of “in scope” material and the sealed envelopes.
Digital search methods
Digital search procedures are now far more detailed in the new guidelines. Investigators may examine all digital environments and storage media accessible to the undertaking or relevant individuals: servers, laptops, tablets, mobile phones, USB drives, external hard disks, backups, cloud services and communication platforms.
Private devices used partly for business purposes may also be searched. Investigators may use advanced software and their own IT hardware to extract and analyse data, provided system integrity is maintained. A non-exhaustive list of search terms is used and shared with the undertaking at the end of the search.
Selected devices may be retained temporarily under the BCA’s control, or returned after making a forensic image (a full copy of the original data). Such images can be analysed instead of the original device.
Data protection and GDPR
For the first time, the guidelines explicitly address data protection. All personal data obtained during a dawn raid is processed in compliance with the General Data Protection Regulation (GDPR). The BCA notes that its data processing is lawful based on public interest tasks and does not require the consent of data subjects.
Cooperation obligations
The new guidelines place greater emphasis on active cooperation during dawn raids. Companies are legally obliged to cooperate fully. This includes:
- keeping the raid confidential (no internal or external disclosure unless authorised);
- providing an up-to-date company and group organisational chart;
- making IT staff immediately available to explain systems and grant access (e.g. administrator rights, email shutdown and network disconnection);
- ensuring access to key staff members under investigation or providing their addresses; and
- granting full access to all relevant premises and offering logistical support (meeting space, badges, printers, etc.).
These requirements go far beyond the obligations under the previous guidelines and underscore the need for companies to be operationally prepared in advance.
Practical recommendations
While the BCA’s investigation powers have not expanded in substance, the new guidelines provide for more detailed obligations in terms of cooperation and technical preparedness to reflect current practice, in particular:
- Establish internal protocols: designate a dawn raid coordinator, define clear roles and set up response plans for legal, IT and HR staff.
- Update documentation: keep charts, backup logs and access credentials up to date.
- Train key staff: ensure relevant staff understand what to do (and what not to do) during a raid and more broadly understand competition law.
By taking a proactive approach, companies can ensure compliance and minimise risk in the event of an (unexpected) dawn raid in the context of a BCA investigation.
As dawn raids are becoming more and more common these days with authorities imposing huge fines, and inspectors appearing simultaneously at different locations or subsidiaries in different countries and at different companies (competitors, customers and suppliers), the CMS Antitrust, Competition and Trade Group launched the CMS Dawn Raid Assistant to guide you through the essentials in the event of a dawn raid carried out by competition authorities. We updated the CMS dawn raid package, which consists of a checklist, instructions and guidelines across 34 CMS countries. You can now access for free the CMS Dawn Raid Assistant from your mobile and desktop devices without downloading or creating an account.
Visit the CMS website dedicated to the CMS Dawn Raid Assistant.
