During a dawn raid, the government agency will ask certain people within the organisation for information. The government agency can use everything it is told. Accordingly, do not provide any information on your own initiative. Do not answer any substantive questions that the agency informally asks in passing. If the government agency wants to ask substantive questions, it can do so by conducting interviews. It is advisable to discuss the interview with a lawyer in advance and for the lawyer to be present during the interview. The lawyer can help assess, for example, whether or not a particular question should be answered.
Criminal investigation agencies
- Questions from a criminal investigation agency do not need to be answered.
Administrative investigation agencies
- Questions from an administrative investigation agency must, in principle, be answered. They are subject to the obligation to cooperate. Aside from the fact that questions must be answered, the answers must also be truthful. In other words, they must not be incorrect or misleading.
- Failure to perform the obligation to cooperate can result in penalties for the organisation and/or the person interviewed.
- A right to remain silent only applies if the government agency reasonably suspects that an offence has been committed for which it intends to impose a punitive sanction (administrative penalty). If this right applies, the agency is obliged to point this out. Only directors of the company being investigated have the right to remain silent; other employees don’t. The right only extends to a wider group of people in investigations by the Netherlands Authority for Consumers and Markets (ACM).
Here are some tips to keep in mind during an interview:
- If a question is not clear, ask for clarification.
- Answer only the question asked – nothing more, nothing less.
- Keep the answer brief and factual. Do not try to convince the other person.
- Steer clear of qualifiers, such as good, bad, odd, careless, etc.
- Do not repeat what the government agency says. Use your own words.
- If you do not know something, say so. Do not speculate.
- If you do not yet have anyone to assist you, make your own notes of the conversation. Write down exactly what is said.
Government agencies often record the interview. If the agency gives permission, it is advisable for you to do the same. If permission is denied, write down exactly what is said.
