NEWSLETTER-2020-metin

436 NEWSLETTER 2020 Conclusion The aforementioned decisions, with their reasoning as reviewed, show that it is not possible to make a certain determination on whether WhatsApp correspondence to be used as evidence against employees or not. While in some of its decisions, the Court of Cassation regards sanctions against the employees based on WhatsApp correspondence as valid while, in other cases, it does not take WhatsApp correspon- dence into account, remarking on the confidentiality and personal data quality of the communication. Therefore, the following points should be examined to ascertain this subject at hand: (i) Evaluating each case on its own merits; (ii) How these communications are obtained; (iii) Context and accuracy of the correspondence; (iv) Whether the correspondence has caused problems or negativity at the workplace, or how the correspondence has affected the relationship between the employees and the employer; and (v) whether the termination of the employee contracts have duly carried out.