NEWSLETTER-2020-metin

150 NEWSLETTER 2020 Competition Board’s Guideline on the Examination of Digital Data during On-site Inspections* Att. Can Yıldız Introduction Article 15 of Law on the Protection of Competition numbered 4054 (“Law”) authorizes the Competition Authority (“Authority”) to conduct on-site inspections at the undertakings’ premises if deemed necessary in carrying out the duties assigned to it by the Law. Pursuant to the relevant Article, competition experts employed by the Competi- tion Board (“Board”) are authorized to: • Examine the books, all types of data and documents of un- dertakings and associations of undertakings kept on physical or electronic media and in information systems, and make copies and take physical samples thereof; • Request written or oral statement on particular issues; and • Perform on-site examinations of any assets of the underta- kings. Based on the aforementioned provision, the Authority frequently exercises its right to make on-site inspections in numerous cases, particularly in investigations and preliminary investigations, so much so that on-site inspections often cause concern for undertakings, and there are usually discussions about which documents or devices ex- perts have the authority to inspect during on-site inspections. Although the relevant provision grants the experts the authority to examine the data and documents retained in all kinds of information systems of the enterprise, especially the limits of this authority, are sometimes discussed. In practice, competition experts, especially recently, have been examining mobile phones (Whatsapp, etc.) in addition to the * Article of October, 2020