A new dawn for dawn raids: Where do we stand as Reg. 1/2003 revision steps up?

Nathalie Jalabert-Doury moderated a conference organized in partnership with Concurrences and FTI Consulting on the future of EU dawn raids and the ongoing revision of Regulation 1/2003.

Topics covered included the European Commission’s enhanced powers to preserve and collect digital evidence, a proposed new power to interview individuals, rights of defense, the privilege against self-incrimination, and recent case law on the extraterritorial scope of dawn raid powers.

The panel brought together Hubert Beuve-Méry (DG COMP, European Commission), Steven Verschuur (Court of Justice of the European Union), and Craig Earnshaw (FTI Consulting).

Key takeaways included:

• A new regulation is on the horizon, but questions remain around stakeholder engagement. The Commission is working on a proposal, with a draft expected in H1 2027. It remains unclear whether there will be a public consultation — concerning, given no opportunity to comment on concrete proposals to date.
• Inspectors arrive at the office but data isn't there. Dawn raid provisions focus on business premises, but staff and data are frequently elsewhere. Where data is stored, and in what format and volume, is now vital. Just because data is accessible does not mean access should always be granted. Businesses must be prepared to explain why requests cannot be complied with.
• Remote inspections? Nobody wants them. The idea is a competition counsel's nightmare, because there is a huge difference between the Commission searching (i) a data set copied by the company and (ii) a live platform directly. The Commission seems to prefer continued inspections.
• Preservation orders: easier said than done. The Digital Markets Act (DMA) and Digital Services Act (DSA) have introduced the concept. But in practice, all data cannot easily be put on hold. Overly wide orders risk disproportionate burdens on businesses; risk assessment and staff training would be essential.
• In-house privilege? Some way off. The Commission recognises that the job of in-house counsel would be more efficient if benefiting from privilege, but reform isn't yet on the table. A chicken-and-egg problem: national regimes are developing but progress is slow because many of these legislative initiatives are still largely ignored by NCAs who suggest they would not be in line with EU law.
• One to watch. The Court will rule on 3 June 2026 in the Vivendi and Lagardère cases, about a Commission RFI based on search terms applied to both business and personal inboxes. The Court's decision in the Meta RFI case later this year will also be key.