NEWSLETTER-2020-metin

154 NEWSLETTER 2020 Trade Secrets and Attorney-Client Privilege In the event that the digital data obtained throughout the inspec- tion contains trade secrets, “The Communiqué on the Regulation of the Right to Access the File and Protection of Trade Secrets” will be utilized. This is the current practice, as well. Finally, data obtained during on-site inspections benefits from protection under the principle of attorney-client privilege. Accord- ingly, correspondence between the undertaking and an independent lawyer who does not have an employee-employer relationship with the undertaking, for the purpose of using the client’s right to defense, is deemed to belong to the professional relationship, and benefits from protection within the scope of the lawyer-client confidentiality principle. However, correspondence on matters that are not directly related to the exercise of the right of defense, such as assisting with an antitrust violation or concealing an ongoing or future violation, cannot benefit from this protection. With this implementation of the Guide- lines, the elements determined in the previous decisions of the Board have been reinforced. Conclusion With the Guideline, the authority of the experts and the limits of the examinations in the on-site inspections carried out by the Author- ity are clearly determined. It should be noted that the rules stipulated in the Guideline are already encountered in practice and are generally accepted. On the other hand, with the publication of the Guideline, this issue has been officially clarified. It is particularly noteworthy that the data stored in mobile phones and cloud services are also considered to be within the scope of ex- amination. In addition, the method of remote inspection introduced with the Guideline will add a new dimension to the on-site inspection procedure. How often and how this method will be applied will be observed over time.