New Decision on the Monitoring of Corporate Communications: What Does It Mean for Digital Data Reviews and Corporate Investigations?

The Personal Data Protection Board’s Principle Decision No. 2026/2035, dated 16 September 2026 and published on 8 October 2026, sets out the fundamental principles that employers must comply with when monitoring corporate email accounts assigned to employees and other communication channels used for business purposes.

The Decision is particularly significant for investigations and digital data reviews, as corporate emails, electronic documents, communication records, and system logs are often among the most critical sources of evidence in such investigations. The following finding, reached by the Board as a result of its examinations, clearly highlights the underlying issue addressed by the decision and the key challenge encountered in practice:

“The Board’s examinations revealed that communication channels assigned to employees, particularly corporate email accounts, were being monitored; the contents of correspondence within these channels were being accessed; traffic and log records relating to communication activities were being reviewed; filtering or routine monitoring activities were being carried out; and the data obtained was being used in disciplinary proceedings or processes relating to the termination of employment contracts. However, employees had not been adequately, clearly, and specifically informed about these personal data processing activities.”

This finding highlights a significant risk that employers may face when conducting digital data reviews: The fact that a review is conducted for a legitimate purpose does not, in itself, meanthat it is legally compliant. Considering that digital data obtained during the investigation of a suspected fraud may subsequently be used in disciplinary proceedings, decisions concerning the termination of employment contracts, or legal proceedings, the conditions under which such data is accessed and the methods used to review it are of critical importance.

What Are the Key Considerations Under the PrincipleDecision?

The principles established by the Board require employers to review not only their existing policies but also their digital data review and internal investigation procedures.

1. Distinction Between Business and Personal Use: The intended purpose and rules governing the use of employer-provided communication tools should be clearly defined. A distinction should be made between business and personal use, and the scope of monitoring should be assessed accordingly. The fact that a corporate communication tool belongs to the employer does not grant the employer unrestricted authority to monitor its use.

2. Prior Notification, Transparency, and Scope of Monitoring: Employees must be informed in advance, clearly and specifically, about the purposes, circumstances, and methods under which their corporate communication tools may be monitored. In this context, the purposes and legal bases for processing personal data, the circumstances under which communication content may be accessed, data retention periods, and employees’ rights should be clearly explained. A general statement such as “corporate email accounts may be monitored by the employer” may not, in itself, besufficient to fulfil the obligation to inform employees under applicable data protection legislation.

4. Graduated Monitoring and Content Review: The Board emphasizes that less intrusive methods should be prioritized when conducting monitoring activities. For example, if a suspected fraud can be investigated through specific system logs, transaction records, or email traffic data, it may not be necessary to access the entire content of the relevant correspondence. As a general principle, the review of communication content should be based on a concrete suspicion or a legitimate purpose linked to a specific incident, and the scope of the review should be limited to what is necessary to achieve that purpose.

5. Special Categories of Personal Data and Third-Party Information: Corporate correspondence may contain personal data relating not only to employees but also to customers, suppliers, and other third parties. In addition, the content under review may include special categories of personal data. Therefore, the rights of all individuals whose personal data falls within the scope of the review must be respected, not only those of the employee who is the subject of the investigation.

What Approach Should Be Adopted in Corporate Investigations?

The success of internal investigations should not be measured by the volume of data accessed, but rather by the examination of relevant data through lawful, systematic, and reliable methods. Therefore, before initiating a digital data review, the allegations to be investigated, the purpose of the review, the relevant data sources, individuals, and time periods should be defined as clearly as possible.

The keywords, data filtering criteria, access permissions, and circumstances that would justify proceeding to a review of communication content should also be assessed in advance. Furthermore, preserving the integrity of digital evidence, documenting the procedures performed, and ensuring the traceability of the review process are critical to the reliability of the findings.

This approach helps prevent unnecessary processing of personal data while contributing to a more focused, effective, and defensible investigation methodology.

What Are the Consequences of Non-Compliance?

At the end of the Principle Decision, the Board explicitly draws attention to the consequences of failing to comply with the relevant obligations:

“In this context, the Board has decided to inform the public that, where non-compliance with the aforementioned obligations is identified, the necessary examinations and assessments will be carried out, taking into account the specific circumstances of each case, and appropriate action will be taken against the relevant data controllers pursuant to Article 18 of the Law. The Board has further decided to adopt a Principle Decision on this matter.”

This statement demonstrates that the principles in question are not merely recommendations for good practice, but that non-compliance with the relevant obligations may result in administrative enforcement proceedings against data controllers. Accordingly, companies should not only establish policies governing corporate email accounts and communication tools but also assess how these policies are implemented in actual monitoring activities and internal investigations. The objective of a fraud investigation is not to examine all accessible data, but to identify and review the necessary and relevant information through appropriate methods to establish the facts underlying the allegations.

Digital data is an indispensable source of evidence for establishing the facts and identifying concrete findings. However, as the ability to access digital evidence continues to expand, the question of the legal and procedural boundaries within which such data may be examined becomes increasingly important.

The new Principle Decision once again highlights the need for companies to assess their digital data review processes not only in terms of technical capabilities but also with regard to legal basis, data minimization, proportionality, access authorization, and evidence management.

Therefore, legal compliance should not be treated as a matter to be assessed only after a digital data review has been completed. Rather, it should be an integral part of the investigation methodology from the initial planning stage.