The Spar Cases in Austria: Shaping the Legal Framework for Digital Evidence Gathering During Competition Dawn Raids

Publication: Scientific journalJournal articlepeer-review

Abstract

As appears from developing case law in Austria, the right of a company to be heard is not necessarily impaired where a search warrant originally addressed to another company of the same group is extended to it and merely refers to the original court order in its legal appraisal.

A search warrant that covers the saving of electronic documents extends to any data that are accessible from the business premises being searched, even if located on a server situated elsewhere

The use of forensic software in the course of an authorised dawn raid is legal.
Original languageEnglish
Pages (from-to)205 - 2011
JournalJournal of European Competition Law and Practice
Volume7
Issue number3
DOIs
Publication statusPublished - 2016

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