On 16 July 2026, the ECJ delivered its judgement in the joined cases Imagens Médicas Integradas, Synlabhealth II and SIBS (C‑258/23 to C‑260/23).

The main takeaway of the case concerns the protection of communications and personal data in competition law investigations. This protection is not absolute. National competition authorities may seize business emails subject to appropriate safeguards. A prior court authorisation is in principle not needed if there is effective judicial review afterwards.

The ECJ did however hold that access to mobile phones, computers and other storage media belonging not to the company under investigation but to individuals working for it, including devices used for both private and professional purposes under BYOD arrangements, requires prior review by a court or independent administrative authority. This may prove particularly significant in practice, as the Commission does not usually seek prior court authorisation for dawn raids, unless for home searches.

💬 𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬? Feel free to reach out to our competition team or your usual contact person at 𝐜𝐨𝐧𝐭𝐫𝐚𝐬𝐭.