About the training session
Objectives
By the end of this training, participants will be able to:
- Understand the legal framework and scope of dawn raids, house searches and administrative inspections
- React appropriately during an operation, protecting the company’s rights while ensuring lawful cooperation
- Apply internal preparedness measures, including dawn raid policies, crisis management and communication rules
- Manage the aftermath, including internal follow‑up, forensic investigation and review with the use of forensic technologies, notifications and available legal remedies
Content
Introduction & key principles
- Basic concepts; distinction between criminal dawn raids, administrative inspections, and house searches.
- Necessity and proportionality as governing principles of any search or seizure.
- Overview of who may intervene: police vs administrative agents, and what triggers each procedure.
Legal framework
- National criminal procedural: preliminary investigations, judicial search order
- International cooperation: European Investigation Orders (DEE); mutual assistance; administrative cooperation
Scope of powers: What authorities may search or seize
- Premises covered: offices, meeting rooms, archives, IT rooms, vehicles, personal effects (bags, briefcases)
- Documents and items: Physical documents, emails, server data, cloud storage
- Asset subject to seizure or confiscation: physical assets, accounts, titles, crypto‑assets, data, IP rights, substitute assets.
- Restrictions: proportionality, professional secrecy, privileges
Company preparedness & policy framework
- Implementation of a Dawn Raid Policy
- Predefined crisis team and communication strategy
- Training and simulation
During the operation
- Immediate response & management
- Obligation to actively cooperate (or not); right to silence; prohibition of self‑incrimination.
- Other procedural rights; interaction with officers or authorities
- Organising search zones and escorts
- Practical advice for handling house searches – Do’s & Don’ts
- Closure of the Operation
Remedies & next steps
- Internal debriefing and coordinated
- Internal investigation, forensic document review and analysis
- Notifications to authorities or stakeholders
- Legal remedies & possible next procedural steps
Administrative inspections: sector‑specific considerations
- All sectors: Tax, competition, labour, data protection & other public bodies
- Regulated sectors: banking regulator, insurance regulator.
- Parallel procedures: administrative & criminal exposure.
Key take-aways
Speakers
Our speakers belong to both our specialised and complementary teams, as such cover all legal, regulatory, taxation and advisory aspects of doing business in Luxembourg. We invite you to check our training agenda where the speakers are listed on each training session.
Language
English
For more information please contact us by e-mail institute@arendt.com