Legal AlertTurkish Competition Authority Has Published the Guideline On Digital Data Analysis During On-Site Inspections!

9 October 2020

Turkish Competition Authority (“Authority”) has published the Guideline on Digital Data Analysis during on-site inspections (“Guideline”) dated 8.10.2020.

This Guideline determines the general principles regarding

  • the analysis of all kinds of data and documents of undertakings kept in electronic environment and information systems on-site inspection, and/or
  • the analysis and the retention of the copies of these data and documents at the center of the Authority.

The Guide outlines the course of the process as follows:

i. Data collection,

ii. Data indexing,

iii. Data analysis and copying and

iv. Deletion of data.

The analyzed data benefit from the protection of attorney-client confidentiality, provided that it is directly related to the exercise of the right to defense. However, in particular, correspondence on matters, such as helping an antitrust violation or concealing an ongoing or future infringement, cannot benefit from this protection.