Wait for your legal counsel
Ask the senior investigating official to wait until your legal counsel – representatives of the Legal Department or a member of the Noerr Dawn Raid Team – has arrived.
The officials are sometimes prepared to wait for a certain time if they are allowed to move freely in the meantime and there is no contact with the persons who are to be checked.
Please note that the officials are not obliged to meet this request and to wait.
If the officials are prepared to wait, ask them to wait in a separate room, where they do not have any direct access to physical or electronic documents and cannot overhear any discussions.
Determining the subject of the inspection
In the case of an inspection not related to any specific event there is no specific suspicion that the company has breached any regulations. The subject of the inspection is therefore determining the identity of all persons present during normal business hours and documents relating to employment which show the type, scope and duration of employment and its remuneration or in the case of employees of third-party companies the background to their activities.
Shadowing – Accompanying the officials
You may and should accompany the officials during their inspection.
Ensure, if possible, that each official or each inspection or search team is accompanied by an employee of your company or a member of the Noerr Dawn Raid Team. This is not only in the interest of the company, but also facilitates a smooth and rapid search for the officials because they are being accompanied by people who can answer questions.
Ideally at least two people should accompany the officials:
- an executive/senior employee (for questions regarding the company or its business divisions)
- an assistant (for taking notes and providing support).
Give the employees the following instructions:
- Note down all questions the officials ask and your answers to these.
- Note down which rooms are accessed and which documents are inspected.
- If possible, make a copy of each document seized by the officials.
Room for the inspection of documents
Offer the officials the use of a separate room to which all requested documents can be brought for inspection. Please note that the officials are not obliged to accept the offer of separate inspection room.