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From the magazine SZW-RSDA 3/2019 | S. 275-285 The following page is 275

Corporate Internal Investigations under Swiss Law: Information Gathering and Employee Interviews

The information gathering and review phase is fundamental to every corporate internal investigation. It forms the factual basis for the final report and legal considerations at a later stage of the investigation and provides evidence which might become relevant in a later civil, regulatory or criminal proceeding. It is therefore crucial that the data collection and interview phase is conducted in a structured way in order to create a robust foundation for the internal investigation and the final report. As this article shows, it is important to perform a document review prior to the interview phase in order to establish the relevant facts and determine black spots. During the document review, the ­investigators must keep in mind that the employer ­generally has a right to look into the business-related documents of the employee, but must exercise caution with regard to documents or other data concerning the private sphere of the employee. In the interview phase, employees generally…

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