NEWSLETTER-2020-metin

149 COMPETITION LAW ity, are to be provided within the timeframe provided by the Authority. To that end, the Board applied an administrative fine of five per thou- sand of Siemens Healthcare’s 2018 annual gross revenue for hinder- ing the on-site-inspection, along with another fine amounting to five per thousand of its 2018 annual gross revenue for each day Siemens Healthcare did not allow such inspection. Conclusion The changes introduced with Law No. 7246 regarding documents and information that may be obtained during an on-site inspection broadened the scope of documents and information to be obtained by the Authority experts. Having said that, it can be suggested that the said change only redacted the practice into Law No 4054, which was being explicitly followed or had to be followed by the Author- ity experts due to the fact that technology has evolved and according to employees’ manners during on-site inspections. As observed from previous Board decisions, the Authority experts have been requesting access to personal e-mail accounts of employees and accounts stored in cloud systems, while they did not give any credence to undertak- ings’ concerns regarding GDPR, although Law No. 4054 did not spe- cifically give them such powers in writing to do so. Thus, the question of which documents or information the Authority experts could obtain during an on-site inspection has always been a debated issue. However, with Law No. 7246, the Authority experts are now given explicit and written power to “ 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 establishes legal grounds for the procedure adopted by the Authority experts during on-site inspections.