Regulatory Investigations and Raids: What to Do in the First 24 Hours

For the purposes of this guide, a regulatory investigation in Poland is a formal action by a public authority aimed at verifying whether a business complies with applicable law, securing evidence, or responding to suspected misconduct. In practice, it may involve requests for documents, interviews, on-site inspections, searches, data seizure, or parallel criminal and administrative proceedings.

For international companies, the first 24 hours are often decisive. A disorganised response may increase legal exposure, disrupt operations, and create reputational damage. A structured approach helps preserve rights while avoiding accusations of obstruction. This is informational material, not legal advice.

This guide from Lawyersinpoland.com by Kopeć & Zaborowski explains how a business should respond to authorities in Poland during the initial phase of a regulatory investigation Poland, including a dawn raid Poland business scenario, document seizure Poland rights, and the role of legal counsel during raid Poland.

First step: identify the authority and legal basis

The company should first establish who is present and under what legal authority they act. Different bodies have different powers. Typical authorities include the President of the Office of Competition and Consumer Protection, the National Revenue Administration, the Police, the Prosecutor’s Office, the Central Anti-Corruption Bureau, the National Labour Inspectorate, and the President of the Personal Data Protection Office.

The legal basis may differ depending on the facts. For example, competition inspections are regulated under the Act on Competition and Consumer Protection, including provisions on inspections of undertakings [1]. Searches and seizures in criminal matters are governed mainly by the Polish Code of Criminal Procedure, especially Articles 217-236a [2]. Data protection investigations may rely on Article 58 of the GDPR [3].

Key information to record immediately:

• names, positions, and authority IDs of officers, if applicable;
• scope of the authorisation, search order, or court order;
• exact time of arrival;
• areas, persons, systems, and documents covered by the request;
• whether the action is administrative, fiscal, labour-related, competition-related, or criminal.

How to respond to authorities Poland: control the process without obstruction

The business should remain cooperative, but cooperation does not mean giving uncontrolled access to all information. The response team should appoint one internal coordinator, usually a board member, general counsel, compliance officer, or senior manager. Employees should be instructed not to speculate, destroy documents, hide devices, or engage in informal conversations about the facts.

Facts must be separated from opinions. The fact that an authority conducts an inspection does not mean that a violation has occurred. It means that the authority is exercising statutory powers. Any public or internal statement should reflect this distinction.

A crisis response plan Poland should include a reception procedure, escalation list, document preservation protocol, IT support procedure, employee communication rules, and an external counsel contact path. If such a plan does not exist, it should be created after the incident to reduce future risk.

The first 24 hours: practical actions for management

During the first day, the company should focus on legality, evidence control, and business continuity. The following sequence is usually appropriate, subject to the specific legal basis and the content of the authority’s documents:

1. Verify identity documents and authorisations before granting access.
2. Call external legal counsel experienced in regulatory investigations and criminal procedure.
3. Assign internal observers to accompany officials at all times, where legally possible.
4. Request and secure a copy, or photograph where permitted, of the authorisation, search order, protocol, and list of seized items.
5. Instruct employees not to delete files, clean inboxes, modify records, or move documents.
6. Ask officials to specify the legal basis for each demand that goes beyond the written scope.
7. Prepare a contemporaneous internal log of all actions taken by the authority.

The company should avoid broad voluntary disclosures unless their legal effect is understood. In many situations, handing over unnecessary information may widen the investigation, affect privilege issues, or create additional reporting obligations.

Document seizure Poland rights and electronic data

In criminal proceedings, items may be retained or seized if they may constitute evidence in a case or are subject to seizure to secure property-related penalties, measures, or claims under the Polish Code of Criminal Procedure, including Articles 217-236a [2]. The company should request a precise protocol and list of seized documents, devices, or data carriers. If electronic data are copied, the scope, method, and hash values should be recorded where technically possible.

Management should also identify whether the materials contain legally protected information. Materials covered by professional secrecy or legal privilege, trade secrets, personal data, medical data, or HR documents may require a specific procedural approach. The legal consequences depend on the authority, the type of proceeding, and the content of the documents.

Three situations must be treated with particular caution: (1) immediate risk to life, health, or physical safety; (2) a court order or binding procedural decision requires immediate action; (3) a clearly identified statutory duty to preserve, secure, or provide data applies.

Legal counsel during raid Poland: when lawyers should intervene

Legal counsel should be involved as early as possible. The lawyer’s role is not to obstruct the authority. The role is to verify the scope of powers, protect procedural rights, monitor evidence handling, and prevent uncontrolled statements by employees or management.

In competition, tax, criminal, labour, or data protection matters, lawyers can also assess whether parallel risks exist. A regulatory investigation may trigger contractual notification duties, insurance reporting, shareholder or market disclosure duties, employment actions, AML review, or internal disciplinary proceedings. These issues should be analysed before the company communicates externally.

Internal communication and reputation protection

A raid or investigation often creates uncertainty among employees, business partners, and media contacts. Communications should be factual, concise, and consistent. Statements such as “nothing happened” may be inaccurate. Statements suggesting wrongdoing may be damaging and premature.

A safer formulation usually confirms that an authority is conducting activities, the company is responding in accordance with applicable law, and business continuity measures are in place. The exact wording depends on the factual situation, applicable confidentiality rules, and market context.

After the first 24 hours: stabilise and investigate

Once the initial action is complete, the company should review the authority’s protocol, identify seized materials, secure remaining evidence, and conduct a privileged internal assessment. If criminal exposure, management liability, AML issues, corruption concerns, or employee misconduct may be involved, the response should be coordinated between litigation, compliance, labour law, and reputation protection teams.

For company-specific support in a regulatory investigation or dawn raid in Poland, businesses may request legal support before responding to authorities or disclosing sensitive documents.

FAQ – Regulatory Investigations and Raids in Poland

Can authorities enter business premises in Poland without notice?

Yes, in certain proceedings authorities may conduct unannounced inspections or searches. The legal basis depends on the authority, the type of proceeding, and the documents presented on-site.

Should employees answer questions during a raid?

Employees should provide identification and cooperate within legal limits, but they should avoid speculation. Formal questioning, witness status, and rights should be assessed by legal counsel.

Can a company refuse to hand over documents?

Refusal may create legal risk if the request is lawful. However, the company may ask for the exact legal basis, scope, protocol, and protection of privileged or legally protected materials.

What should be done if electronic devices are seized?

The company should request a detailed record of devices or data copied, including scope, date, officers involved, and technical method where possible.

Is a dawn raid proof of wrongdoing?

No. A raid or inspection is an investigative measure. It does not itself prove liability, misconduct, or guilt.

When should external counsel be contacted?

Immediately after officials arrive. Early legal involvement reduces procedural mistakes and helps protect the company’s position from the first minutes of the inspection.

Bibliography

1. [1] Act of 16 February 2007 on Competition and Consumer Protection.
2. [2] Act of 6 June 1997 – Polish Code of Criminal Procedure, Articles 217-236a.
3. [3] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – General Data Protection Regulation, Article 58.
4. [4] Act of 6 March 2018 – Entrepreneurs’ Law.
5. [5] Act of 13 April 2007 on the National Labour Inspectorate.
6. [6] Act of 16 November 2016 on the National Revenue Administration.