Due Process of Law Recent Dawn Raid Practice in Slovakia Juraj Steinecker

1. Due Process of LawRecent Dawn Raid Practice in SlovakiaJuraj Steinecker Czech law firmof the year (2011) No. 1 legal advisor according to the number of M&A deals in the Czech Republic and Eastern Europe (2011) The largest law firm in the Czech Republic Ranked by clients as the best law firm in the Czech Republic No. 1 amongCzech lawfirms (2011)

2. Agenda Dawn raids in Slovakia - Overview First major case – Ševt(3Sžz/1/2011) Second major case – AT Computer (4Sžz/1/2013) • Right to request explanation • Search of computers – right to be present? General observations

3. Dawn Raids – Basic Framework “Standard” authorizations of Slovak NCA: • Enter business premises and vehicles • Inspect and copy documents • Search and copy hard disks • Request information • Seal premises • Enter private premises and vehicles (authorization by court)

4. Supreme Court – ŠEVT1 Supreme Court disqualifies inspection of Slovak NCA • Deficiencies in the authorization to conduct an inspection • Uncertain legal qualification • Absence of official stamp, file no. and reasoning • No administrative file Outcome: • Slovak NCA prohibited to search copies of hard disks seized during dawn raids • Administrative proceedings against undertaking discontinued

5. Supreme Court – ŠEVT2 Legal privilege: failure & failed opportunities Failure to address all challenged aspects of inspection Application of administrative rules to inspection Happy client – unhappy lawyer

6. Supreme Court - AT COMPUTER 1 Raising various issues in conducting dawn raids • Self-incriminating questions • Right to be present at the search of a hard disk Disqualification of partial aspects of the inspection No obligation on the part of Slovak NCA to explicitly inform the undertaking of its rights, e.g. right to legal representation

7. Supreme Court - AT COMPUTER 2 Authorization of Slovak NCA to request explanation • Strict limits during dawn raids • What kind of questions? Several questions “go beyond or at least raise suspicion whethertheir aim is to safeguard the inspection” On-spot explanations should not substitute witness questioning No explicit mention of prohibition of self-incriminating questions Consequences for Slovak competition law

8. Supreme Court - AT COMPUTER 3 Requesting explanations from an employee when searching his computer – procedural deficiency Inspecting the computer of the employer during its providing explanations – no violation of basic rights?! • Supreme Court: Unless the documentation seized from the correspondence is of private character, the inspection is legal. No mention of basic rights to protection of privacy & privileged documentation How to check what Slovak NCA is doing when not being present?

9. Supreme Court - AT COMPUTER 4 Detailed review & concise decision Ambiguous decision Failed opportunities: • Self-incriminating questions • Privacy • Legal privilege • Procedural questions Unhappy client & unhappy lawyer

10. General observations – post AT COMPUTER Right to challenge inspection immediately Quite few open and/or unaddressed issues Next decision…?

11. Comments / Questions?Thank you for your attention ! Juraj Steinecker juraj.steinecker@havelholasek.sk tel.: +421 220 256 780