NEWSLETTER-2020-metin

147 COMPETITION LAW the Board may “ review undertakings’ books, data and documents kept in physical and electronic form and in information systems, and make copies and printouts of them during on-site inspections ,” which was the practice adopted by the Authority experts in any event. Therefore, it can be argued that the relevant change establishes legal grounds for the already applied procedure during on-site inspections which was, to a certain extent, a much debated issue as observed in previous Board decisions. Prior Board Decisions Regarding On-site Inspections Previous case law regarding on-site inspections and administra- tive fines given to undertakings also showed that such practice was already adopted. In the Groupe SEB decision, 1 an on-site inspection was conducted at Groupe SEB Istanbul Ev Aletleri Ticaret A.Ş., where the Authority experts specifically requested employees that were to be examined to remain at the premises during the on-site inspection. When the computers of such employees were demanded, it was dis- covered that such employees had left the building and did not return, even though they were asked to. To that end, their e-mail accounts were examined by remote access, but their computers could not be examined. In addition, the Authority experts requested to review the ex-General Manager’s e-mail account who, at the time, was acting as the Groupe SEB Senior Vice President Eurasia, in France. The un- dertaking claimed that she/he did not work at Groupe SEB Istanbul any longer and, therefore, there was no way to access his/her e-mails legally or technically, and such correspondences were within the scope of the GDPR, as well. In return, the Authority experts continued to demand access to his/her e-mail accounts, stating that his/her job as Senior Vice President Eurasia was closely related to Groupe SEB Is- tanbul, and his/her work-related correspondences during his/her term of office could not be considered as personal data. Since the Authority experts could not examine the VP’s e-mail correspondences, Groupe SEB İstanbul Ev Aletleri Ticaret A.Ş. was assessed an administrative fine of five per thousand of its 2018 annual gross revenue. 1 The Board’s decision, No. 20-03/31-14, 09.01.2020.