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Version status: Applicable | Document consolidation status: No known changes
Version date: 2 May 2023 - onwards
Version 3 of 3

Article 23 Powers to conduct inspections

1. In order to carry out its duties under this Regulation, the Commission may conduct all necessary inspections of an undertaking or association of undertakings.

2. The officials and other accompanying persons authorised by the Commission to conduct an inspection are empowered to:

(a) enter any premises, land and means of transport of undertakings and associations of undertakings;

(b) examine the books and other records related to the business, irrespective of the medium on which they are stored;

(c) take or obtain in any form copies of or extracts from such books or records;

(d) require the undertaking or association of undertakings to provide access to and explanations on its organisation, functioning, IT system, algorithms, data-handling and business practices and to record or document the explanations given by any technical means;

(e) seal any business premises and books or records for the duration of, and to the extent necessary for, the inspection;

(f) ask any representative or member of staff of the undertaking or association of undertakings for explanations of facts or documents relating to the subject-matter and purpose of the inspection, and to record the answers by any technical means.