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In 2022, there were also developments before the
administrative courts regarding on-site inspections. In its
decision dated 15.04.2022, Ankara 2nd Administrative Court
decided to suspension of execution by emphasizing that the
deleted correspondences were accessed on the phones of
other employees, that the phone whose data was deleted was
a personal phone, and that the deleted correspondences did
not include matters related to company affairs. This decision
differed from previous decisions and was interpreted as the
court's high standard of proof. However, this opinion of the
court does not seem to have been adopted by other courts;
because similar defenses are not respected in these decisions
taken at later dates. Therefore, a more stable jurisprudence
needs to be formed in order for the approach to on-site
inspection practices to become uniform.

It is clear from the decrees published last year that the
Authority has maintained its strict stance regarding on-site
inspections. Uncertainties and debates about how to draw the
border between the inspection of personal phones and the
privacy of private life and whether the nature of the deleted
data is important seems to continue for a while.

Conclusion

Significant developments have been witnessed in terms of
competition law in previous year. It is clear that 2023 will
be no different. Because it is planned to make significant
amendments in the law in terms of digital markets and
according to authority statistics, 45 investigations are waiting
to be concluded. We will follow developments with interest.

Explanations in this article reflect the writer's personal view on the
matter. EY and/or Kuzey YMM ve Bağımsız Denetim A.Ş. disclaim any
responsibility in respect of the information and explanations in the
article. Please be advised to first receive professional assistance from
the related experts before initiating an application regarding a specific
matter, since the legislation is changed frequently and is open to different
interpretations.
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