On-Site Inspections (Dawn Raids)

Experts from the Competition Authority often arrive unannounced and examine employees’ computers, phones, e-mails and messaging apps. A company that does not know what to do that morning may face a heavy fine for obstructing the inspection and may be unable to protect its rights of defence. We prepare your company for on-site inspections and stand by you when one takes place.

What is an on-site inspection (dawn raid)?

An on-site inspection is when experts appointed by the Competition Board examine and copy books, documents and electronic data at the company’s premises and ask employees for oral explanations. Its legal basis is Article 15 of Law No. 4054, and inspections are usually carried out without prior notice. The procedure for digital inspections is set out in the Board’s Guidelines on the Examination of Digital Data during On-site Inspections.

Obstructing or hindering an inspection is penalised separately, whether or not there is an infringement. An employee deleting messages during the inspection or refusing access to their device falls within this scope and may lead to a turnover-based administrative fine for the company.

What is a mock dawn raid?

A mock dawn raid is an unannounced rehearsal of a real on-site inspection. It shows how the company reacts in real conditions, from how reception greets the experts to how the IT team provides access to devices. Gaps that come to light are fixed before a real inspection takes place.

Scope

Targeted, in-depth reviews of employees’ phones and computers
Conducting mock Competition Board dawn raids
Preparing a company-specific dawn raid manual
Support during on-site inspections

How We Work

Identifying the departments and employees exposed to competition risk
Reviewing these employees’ devices with keywords, in a way similar to the Board’s methods, and assessing risky correspondence
Preparing a company-specific dawn raid manual: who greets the experts, who is informed, the role of the IT team
Conducting the mock dawn raid and reporting the results
Immediate support on site or by phone during a real inspection

Team

Hasan Çakan Partner

Frequently Asked Questions

Can we ask the experts to wait until our lawyer arrives?

No. The inspection can start without waiting for a lawyer, and making the experts wait may be treated as obstruction. The right course is to let the experts in and allow them to begin while calling your lawyer immediately.

Can correspondence with lawyers also be examined?

In the Board's practice, correspondence with an independent lawyer in the exercise of the right of defence is protected. However, this protection does not apply automatically; protection must be claimed for the relevant documents during the inspection and the reasons explained.

Can employees' personal phones be examined?

A personal phone may be examined if it is used for business purposes, for example for work correspondence. It is therefore important for the internal policy to set out which devices and apps are to be used for work correspondence.

What is taken at the end of the inspection?

The experts take copies of the documents and data they consider relevant, and the inspection is recorded in minutes. The company should keep its own list of the documents copied and read the minutes carefully before signing them.

Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.

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