The Turkish Competition Authority -TCA- has issued on 08.10.2020 “Guidelines for the Examination of Digital Data during On-site Inspections” -the “Guidelines”- explained the procedures to be applied in the examination of digital data processes. The following points are noteworthy:
- TCA personnel in charge benefits from forensic information software and hardware in order to examine information systems and storage devices of the undertaking during on-site inspections. In this way, digital data searching during the examination, copying relevant data, returning the deleted data, and protecting authenticity and integrity of the data and systems belonging to the undertaking becomes possible.
- TCA personnel determines whether the undertaking’s communication devices contain digital data after“a quick review” during the on-site inspection and portable communication devices which is specified to personal use completely are not going to be the subject of inspection. TCA personnel is authorised to examine all kinds of data belonging to undertaking. The authorised managers of the undertaking must show full and active support to on-site inspection.
- When it is deemed necessary, digital data shall be copied to separate data storages and indexed and analyzed by professionals. A copy of the relevant digital data shall be delivered to the undertaking and reported. At the end of the examination, all data stores used during the examination shall be deleted in a way that their data cannot be recovered.
- In case of the undertaking alleges that the examination contains digital data which classified as confidential business information, the action shall be taken as per the “Communiqué on the Regulation of the Right of Access to the File and Protection of Trade Secrets” numbered 2010/3. Data copied during the on-site inspection, enjoys from the protection under the principle of attorney- client privilege except for: correspondence that is not directly related to the exercise of the right of defence, in particular to assist in an infringement of competition or to conceal an ongoing or future violation.
To access the Guide: https://www.rekabet.gov.tr/Dosya/kilavuzlar/yerinde-inceleme-kilavuz1-20201009091644514-pdf
