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CJEU Publishes Advocate General’s Opinion on Seizure of Business Emails in Competition Investigations

Court of Justice of the European Union (“CJEU”) has published Advocate General  Opinion (“Opinion”) in Joined Cases C-258/23, C-259/23 and C-260/23 relating to the seizure of business emails during competition investigations.

According to the Opinion:

  • Compliance with the fundamental right to the protection of personal data does not require prior judicial authorisation for the seizure of business emails by national competition authorities.
  • Such measures must, however, be accompanied by adequate procedural safeguards and subsequent judicial review.

Key aspects highlighted in the Opinion include:

  • The cases differ from the Bezirkshauptmannschaft Landeck precedent, as competition investigations concern business-related information of legal entities, with only indirect impact on individual employees.
  • Access to corporate email accounts is limited in scope and does not allow full or uncontrolled access to personal data, unlike personal mobile devices.
  • The principle of proportionality must be respected, and safeguards should be in place in addition to obligations under the General Data Protection Regulation (GDPR).
  • Prior judicial authorisation would generally only be required if emails are seized from a private residence or if the purpose is to incriminate a natural person in criminal proceedings.
  • EU law allows Member States to introduce mechanisms for prior authorisation, including by the Public Prosecutor’s Office, for inspections carried out by national competition authorities.

It is emphasised that Advocate General Opinions are not binding on the CJEU. The Court will now begin deliberations and judgment will be issued at a later date.

You can access the full text of the Opinion here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr

 

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