ACM has published the final version of its procedure for the inspection of digital data. A draft version had been distributed among various market participants for consultation. Their comments have been incorporated in the final version.
In its procedure, ACM has included several safeguards, which it will observe when inspecting digital data. Together with the accompanying ‘2014 ACM Procedure regarding the legal professional privilege of lawyers’ ACM makes it transparant in what way it deals with the right to privileged correspondence with lawyers in investigations. ACM explains how it will carry out assessments if such is the case. Both of these procedures apply to all investigations that ACM carries out.
From February 12, 2014, the new procedure will replace all other procedures that ACM currently uses. The ‘2010 NMa Procedure in relation to the Inspection and Copying of Analog and Digital Data and Documents ’ (in Dutch) had already been repealed earlier for that reason. As of today, the procedures can be found on ACM’s website.
A consultation round had been held before the procedure was finalized. In the summer of 2013, ACM asked market participants for comments on the draft versions of its new procedures by organizing a paper consultation round and a meeting. As a result of the comments it received during that consultation, ACM made some changes to the procedures. The reactions from market participants and an overview of the changes can be found below.