Legal Issues Concerning Document Retention During Internal Investigations

One of the problems a company may face during an internal investigation is the lack of compliance by its employees with the document retention notices. Document retention notices typically inform the relevant employees that an investigation is ongoing and that they should not delete any electronic or hard-copy information they may have in their possession with regard to the matter at hand. Turkish law does not oblige the employers to send such notices during an internal investigation. However, they are extremely useful in explaining to the employees what is going on and how they should act. On the other hand, employees usually operate under the misconception that the company computers, mobile phones and other devices provided to them by their employer can be regarded as their personal devices, and that they may use them as they wish. With that understanding, even after they receive a document retention notice from the employer, they may delete data which they believe