AG says prior judicial authorisation to seize business emails not required
23/10/2025 | CJEU
The Court of Justice of the European Union (CJEU) Advocate General (AG) Laila Medina has issued a non-binding Opinion in a series of joined cases, C-258/23, C-259/23, and C-260/23. AG Medina stated that competition investigations do not require prior judicial authorisation to seize business emails. The opinion follows objections from Portuguese companies whose employees' emails were seized during an investigation into competition law infringement. However, the AG said that any seizure of business emails must be subject to adequate and effective procedural safeguards and a subsequent judicial review to ensure compliance with the right to personal data protection.
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