NEWSLETTER-2020-metin

153 COMPETITION LAW 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, such as an annex, and these will be signed by the competition experts and the undertak- ing’s representatives. The method in question is the method that has been used in prac- tice for years. On the other hand, the legitimacy of this method has been demonstrated once again in the Guideline. Continuing Inspections As a rule, inspections shall be concluded at the place of business of the undertaking. However, if deemed necessary, the inspection may be carried out at the Authority’s digital forensics laboratory. In any event, the analysis of digital data obtained from mobile phones is com- pleted at the undertaking’s premises. The digital data to be examined in the headquarters of the Authority are transferred to three separate data storages after the hash values are calculated and compared as equivalent copies. One of the copies is left to the undertaking and the other two copies are put in an envelope and sealed by the competition experts, and placed under physical security. The undertaking concerned is invited in writing by the Authority to have a representative available at the time the sealed envelope is opened, and during the examination that will continue in the Authority’s forensic informatics laboratory. If deemed necessary by the Board, with a decision to be taken, the sealed envelope in question may be returned to the undertaking without being opened. With this regulation, it is also possible for the data received during on-site inspections to be analyzed at the headquarters of the Author- ity, with the exception of mobile devices. This method has not been observed before in practice; however, it is likely to appear in future on-site investigations given that it is now included in the Guideline. It should be noted that this method is also used by the Commission in the European Union.