Before UOKiK Knocks: How to Prepare Your Company for an Inspection

Businesses facing potential unannounced inspections by the Office of Competition and Consumer Protection (UOKiK) need to be prepared, as such events leave no room for improvisation. The article stresses that the company's reaction in the critical first minutes of an inspection significantly impacts not only the process itself but also the effective protection of the entrepreneur's rights.

When UOKiK officials arrive with a court order and identification, a swift and organized response is essential. Key decisions must be made immediately: who will receive the documents, who will contact legal counsel, who will inform management, and who will coordinate internal company actions. Without a pre-established protocol, the organization is forced to improvise precisely when a well-rehearsed scenario is needed.

The article outlines that the basis for such searches is typically a court order from the Competition and Consumer Protection Court. It distinguishes between a "search" and a "control" (inspection), noting they are distinct procedures. European Union case law is mentioned as supplementary, not direct, guidance. The importance of consent from the SOKiK (Competition and Consumer Protection Court) and the substantive nature of the inspection, not just its formality, are also discussed.

Furthermore, the piece touches upon the procedures for securing and selecting digital evidence during UOKiK controls and the protection of communication with legal professionals, known as legal professional privilege. The overall message is that proactive preparation, including a clear "dawn raid" procedure, is vital for navigating these high-stakes situations effectively and safeguarding business interests.