Search and Inspections

ENSURING COMPLIANCE DURING SEARCH AND INSPECTION

A search-and-inspection is possibly the first moment that a business realises that it is being investigated for a possible violation in the form of a prohibited agreement. The employees are under an obligation to assist the officers of the Commission conducting the inspection. Co-operation with the search-and-inspection team can mitigate many of the possible repercussions on the business’ reputation. In case of non-compliance, the Commission is empowered to forcibly enter the premises.

Businesses should ensure that their employees:

a)        Act calmly and facilitate the inspection after ensuring its validity, which will be given in writing by the Commission.
b)        Allow the team to access any documents and electronic devices on which official material is available.
c)        Refrain from deleting, destroying, or removing any information (whether in electronic or physical form) from the premises.
d)        Stop sending any emails after the inspection commences or speak with anyone not expressly authorised by the business’ senior management. A temporary ban on electronic communication during the period of the inspection should be expected.
e)        Do not impede the inspection on account of obtaining legal advice from businesses’ counsels.