Competition Authority Published the Guideline on Examining Digital Data During On-Site Inspections

The Guideline on Examining Digital Data During On-Site Inspections (“On-Site Inspection Guideline”) published by the Competition Authority (“Authority”) set a general framework regarding the inspection and storage of undertakings’ data and documents in electronic media and information systems, during on-site inspections.

Within this framework, the procedures and principles set by the On-Site Inspection Guideline regarding investigation of digital data during on-site inspections are summarized below:

• Authority experts are authorized to inspect all kinds of servers, desktops, computers/laptops, information systems such as portable devices and other storage tools such as CD, DVD, USB, external hard disks, back-up records and cloud services that contain the undertaking’s digital data.
• Portable communication devices such as mobile phones and tablets shall be browsed through to determine whether or not they contain digital data of the undertaking. Portable communication devices that are determined to be completely specific to personal use cannot be inspected. On the other hand, portable communication devices that are found to contain undertaking’s data shall be inspected at the place of business of the undertaking through digital forensic tools.
• If deemed necessary by the competition experts during the inspection, the digital data may be partially or completely copied to separate data storages with digital forensic tools. The ‘hash’ values shall be calculated for both the copies obtained via digital forensic tools and the original version, to ensure the copied data is exactly the same as the original. The copies shall then be transferred to the computer assigned by the Authority, which are equipped with digital forensic software. The copied data will be indexed and inspected by the competition experts.
• At the end of the inspection, the digital data obtained shall be copied to two separate data storages and one of the copies shall be provided to the undertaking.
• When the inspection is finalized, an on-site inspection report shall be prepared which shall include the ‘hash’ values of the relevant digital data as an annex, and such will be signed by competition experts and the undertaking’s representatives.
• As a rule, the inspection shall be concluded at the place of business of the undertaking. However, if deemed necessary, the inspection may be carried on at the Authority’s digital forensics laboratory.
• In the event that the digital data obtained throughout the inspection contains trade secrets, the Communiqué on the Regulation of the Right to Access to the File and Protection of Trade Secretes will be operative.

You may find the full text of the On-Site Inspection Guideline here.