The European Commission’s dawn raids have long been one of the most powerful investigative tools in competition enforcement. But as companies move to the cloud, employees work from home, and communication happens across encrypted channels, we have to ask whether the dawn raid, as we know it, is still the right fit for the digital age.
In September 2024, the Commission published a Staff Working Document reflecting on the effectiveness of its investigative powers under Regulation 1/2003. Although no legislative proposals were made, the report raised questions that we can no longer afford to ignore: what happens to dawn raids when the world goes remote?
Remote Inspections: A Logical Step in a Digital World
Let’s start with a basic fact: most corporate data is now hosted in the cloud. It’s no longer locked away in filing cabinets or even in office desktops. That’s not just a matter of convenience, it’s a structural shift. And it means that the physical location of data is becoming increasingly irrelevant.
This also affects how we think about inspecting private homes. Traditionally, this has been a sensitive issue; dawn raids at domestic premises raise privacy concerns and legal complexities. But if the employee’s device is just a terminal to access a shared company server, then why go to the home at all? Access to the server is access to the data.
From my perspective, this is where remote inspections make a lot of sense. The technology is already there. Lawyers, corporate executives, and Commission officials all now use secure digital platforms in their daily work. The legal framework should be flexible enough to adapt to exceptional circumstances, like pandemics or crises, but also to the routine digitalisation of corporate environments. Remote inspections could ensure that investigations continue—without compromising privacy or relying on outdated assumptions about where evidence “lives”.
Digital Evidence Can Disappear in Seconds: Enter Freezing Orders
One of the main challenges with digital evidence is its fragility. Unlike paper documents, electronic records can be deleted or altered in seconds, even unintentionally. A recent case makes this clear: in 2024, the Commission fined International Flavors & Fragrances €15.9 million after an employee deleted WhatsApp messages during a dawn raid while investigators were already on-site.
This is where freezing orders come into play. Already discussed in the context of the DMA, these orders would allow the Commission to remotely lock down specific data sources at the start of an investigation. It’s a way to preserve evidence without stepping into physical spaces or risking its destruction.
Combined with remote inspections, freezing orders could replace the need for intrusive, resource-heavy, and potentially privacy-invasive actions, while still securing access to the full scope of relevant documents.
A Balanced, Modern Enforcement Model
I’m not suggesting that dawn raids should disappear entirely. There will always be cases where physical presence is necessary, for example, where covert practices require on-the-ground discovery. But it’s time to acknowledge that digital tools are now strong enough to support remote inspections as a standard option in the Commission’s toolbox.
What’s more, remote inspections and freezing orders would likely reduce unnecessary burdens on companies. Instead of unannounced visits and staff disruption, companies could cooperate through secure, well-defined digital channels, knowing their rights and obligations from the start.
Conclusion: Time to Embrace the Cloud
Competition law enforcement doesn’t operate in a vacuum. It must adapt to the way companies operate and the way evidence exists in a digital world. Remote inspections are not just about convenience. They’re about respecting privacy, ensuring continuity in crisis, and using the right tools for the digital economy.
Co(E)mpetition Procedure 