NEWSLETTER-2020-metin

142 NEWSLETTER 2020 “eDiscovery” specification and, for such method, the global approval mechanisms shall be positively exhausted. The case handlers then requested to limit their search to the employees who were resident in Turkey; therefore, international calls were made, and the global headquarters was informed regard- ing the on-the-spot inspection’s content and scope. The case handlers also informed the authorized employees of the undertaking that the inspection will be limited to the Siemens Healthcare users, and the case handlers may be accompanied by Siemens Healthcare employees during the eDiscovery search. However, the undertaking rejected the inspection based on the fact that the eDiscovery search shall mean the search among the employees who are resident in the European Union, and this may give rise to concerns in other fields of law. In addition, Siemens Healthcare has stated that in order for no international laws to be infringed upon, if the date and the search parameters are to be shared by the CompetitionAuthority, the relevant data established may be prepared and submitted by itself. The case handlers have responded to the undertaking that the on-the-spot inspection procedure would not be met via the requested method, and the on-the-spot inspection minutes comprising the relevant details have been prepared. Siemens Healthcare employees then submitted a petition dated 08.10.2019, and stated that the Competition Authority’s subject matter request was not positively responded to on the on-the-spot inspection day due to the fact that the relevant request would have infringed many safety protocols, contractual obligations, intellectual property law matters and the data protection laws applied in Europe, the United States, and the rest of the world. The undertaking, on the other hand, has explained that is researching the means through which to fulfill the Competition Authority’s request, and has submitted an access remedy that comprises the following steps: (i) The inspection will be conducted through the Microsoft Safety and Compliance Center; (ii) The access will take place on the date and time determined by the Competition Authority and a Siemens Healthcare information technology specialist will accompany; (iii) it is important to Siemens Healthcare’s legal rep- resentatives accompany the Competition Authority representatives; (i v) The Competition Authority representatives will have access to the electronic documents sent or received by both past and present