Dawn Raids: EU Opinion Backs Business Email Seizures Without Judicial Authorization

Advocate General Medina issued a well‑reasoned opinion in Joined Cases C‑258/23 to C‑260/23 before the Court of Justice of the EU (CJEU) that may allow national competition authorities to seize business emails during dawn raids at company premises without prior judicial authorization. The CJEU has not yet decided, but the opinion’s structured proportionality analysis is likely to shape the final judgment. Companies should act now by: updating dawn‑raid protocols to embed GDPR‑by‑design…
By: Orrick, Herrington & Sutcliffe LLP