Contributed By Nysingh Advocaten-Notarissen N.V
The ACM is entitled to enter every place (with the exception of a private home) without the consent of the occupier and may take with it the requisite equipment. If necessary, ie, if the company involved refuses entrance, it may gain entry with the assistance of the police. Entitlement to enter ‘every place’ means that the ACM is, for instance, also entitled to enter employees’ cars.
ACM officials are authorised to enter a private home without the resident’s permission, insofar as this is necessary, within reason, for the purpose of exercising the ACM’s investigative powers. However, this requires obtaining a warrant in advance from the examining magistrate entrusted with handling criminal proceedings before the District Court of Rotterdam. If asked for, the warrant must be presented.
ACM officials are authorised to seal off business premises and objects, insofar as is reasonably necessary for the exercise of their investigative powers. As a rule, officials will seal off offices at business premises if they are not able to complete the investigation within one day.
Companies are obliged to co-operate fully with ACM officials, who may reasonably demand this in the exercise of their powers, within such reasonable time limit as they may specify. Refusal to co-operate will result in a fine being issued.