Foreign Company Needs Evidence Located in Turkey: How Can Commercial Records Be Preserved Before Litigation? – 2026 Updated Guide

Learn how foreign companies can preserve contracts, accounting records, emails, digital files, invoices and other commercial evidence in Turkey before litigation or arbitration.

A foreign company may need important evidence located in Turkey before starting a lawsuit or arbitration. Commercial records may be held by a Turkish supplier, distributor, customer, warehouse, bank, employee, former business partner or related company. If those records are deleted, altered, hidden or transferred, proving the claim may become significantly more difficult.

Foreign companies can take practical and legal steps to preserve commercial evidence before litigation. These steps may include sending a formal preservation notice, securing digital records, requesting a court-appointed inspection, preserving evidence through a Turkish court and coordinating the process with a future arbitration or foreign lawsuit.

Why Is Pre-Litigation Evidence Preservation Important?

Commercial disputes often depend on documents that are controlled by the opposing party. These may include invoices, accounting records, payment instructions, delivery documents, emails, contracts, inventory records, electronic messages and internal company communications.

A Turkish company may unintentionally lose evidence because of ordinary document-retention practices. Evidence may also disappear because of a company sale, employee departure, server replacement, liquidation, restructuring or intentional deletion.

Early preservation helps establish:

• What records existed.
• Who controlled the records.
• When the records were created.
• Whether the records were changed or deleted.
• How the records relate to the foreign company’s claim.
• Whether the opposing party acted in bad faith.

Evidence preservation should begin as soon as litigation becomes reasonably foreseeable.

Which Commercial Records Should Be Preserved?

The relevant evidence depends on the dispute. A foreign company may need to preserve:

• Signed contracts and amendments.
• General terms and conditions.
• Purchase orders and invoices.
• Accounting ledgers and payment records.
• Bank transfer instructions.
• Electronic invoices and delivery notes.
• Emails and internal correspondence.
• Messaging application records.
• Customer and supplier lists.
• Inventory and warehouse records.
• Shipping and customs documents.
• Corporate resolutions and authorization records.
• Audit files and financial statements.
• Product testing and quality reports.
• Server logs and access records.
• Cloud storage and enterprise software data.
• Security camera footage.
• Photographs and inspection records.

The company should identify the relevant time period and avoid collecting excessive unrelated material. A focused preservation plan is easier to manage and more credible before a court or arbitral tribunal.

Can a Foreign Company Send a Legal Preservation Notice?

Yes. A foreign company may send a formal notice to the Turkish company or third-party record holder requesting that relevant documents and electronic data be preserved.

The notice should identify the dispute, the relevant parties, the categories of records, the relevant dates and the risk of deletion or alteration. It should request that ordinary deletion procedures, automatic email deletion and data-destruction policies be suspended for the relevant materials.

The notice should not contain unnecessary admissions or detailed legal arguments that could harm the company’s position. It should also be sent through a method that can later prove delivery and receipt.

A preservation notice alone does not guarantee that the other party will comply. Where the risk is serious, the foreign company should consider a formal evidence-preservation application.

Can a Turkish Court Preserve Evidence Before a Lawsuit?

In appropriate circumstances, a foreign company may request a Turkish court to preserve or inspect evidence before filing the main lawsuit.

The applicant generally needs to explain:

• Why the evidence is relevant.
• Why the evidence may be lost or altered.
• Where the evidence is located.
• Who controls it.
• Why immediate action is necessary.
• How the proposed inspection should be conducted.

The court may appoint an expert to inspect documents, equipment, accounting records, digital systems or physical goods. The expert may prepare a report describing the condition and content of the evidence.

The purpose is usually to preserve and document evidence, not to decide the entire commercial dispute at the preliminary stage.

How Does Digital Evidence Preservation Work in 2026?

Digital evidence requires special care because files can be modified without visible changes. Emails may lose their headers, messages may be deleted, cloud accounts may be closed and company systems may automatically overwrite historical data.

A foreign company should preserve:

• Original email files.
• Full email headers.
• Electronic attachments.
• File metadata.
• Server and access logs.
• Cloud storage records.
• Accounting software exports.
• Electronic signature records.
• Messaging application backups.
• Relevant computer or mobile devices.
• Screenshots together with original source files.

Where the dispute is significant, a qualified digital forensic professional may create a reliable forensic copy of the relevant data. The process should record the date, source, method and person responsible for collecting the evidence.

Screenshots alone may be challenged because they may not establish authenticity, context or completeness.

Can Emails and Messaging Applications Be Used as Evidence?

Emails and business messages may be relevant in Turkish commercial litigation or arbitration. They may help establish contract formation, delivery, payment, notice, acceptance, breach, negotiations or the parties’ understanding of a transaction.

The foreign company should preserve the full conversation rather than isolated screenshots. It should also retain information showing the identity of the participants, the date, the account used and the surrounding context.

Messages obtained unlawfully or by invading private communications may create separate legal problems. Evidence should be collected through lawful methods and in compliance with applicable privacy and data-protection obligations.

Can a Foreign Company Request Records from a Third Party?

A foreign company may need evidence held by a bank, warehouse, accountant, logistics provider, customs intermediary, auditor, distributor or customer.

The company should first identify the legal relationship between the third party and the dispute. A general request for every document held by an unrelated entity may be difficult to justify. A specific request identifying the records, dates and transaction is generally more effective.

Where voluntary production is refused, the company may need court assistance, an expert inspection or an applicable international evidence-gathering procedure. The most suitable route depends on the location of the evidence and the forum handling the main dispute.

How Does Evidence Preservation Work in Arbitration?

If the contract contains an arbitration clause, the foreign company should review the arbitration rules and the tribunal’s authority to order interim measures or evidence production.

Before the tribunal is constituted, the company may consider emergency arbitration if the applicable rules provide for it. A Turkish court may also be relevant when the evidence, equipment or records are physically located in Turkey.

The company should coordinate the Turkish application with the arbitration strategy. It should avoid arguments or applications that could be interpreted as abandoning the arbitration agreement.

How Should the Chain of Custody Be Protected?

The chain of custody shows how evidence was collected, stored, transferred and reviewed. It is particularly important for electronic records, physical goods, accounting data and documents obtained from a third party.

The company should record:

• The source of the evidence.
• The date and time of collection.
• The person who collected it.
• The collection method.
• The storage location.
• Any transfer or examination.
• The original file format.
• Any forensic verification or hash value.

The original evidence should be stored securely, while working copies may be used for review. A clear record makes it easier to respond to authenticity challenges.

What If the Turkish Company Deletes or Hides Evidence?

If a Turkish company deletes, conceals or alters evidence after receiving a preservation notice or court order, the foreign company should document the conduct immediately.

Relevant proof may include deletion notices, missing accounting entries, altered metadata, unavailable server records, employee communications, inconsistent explanations and evidence that the company continued using the relevant system.

The foreign company may request additional court or tribunal measures and argue that the destruction affects the opposing party’s credibility. The consequences depend on the procedure, the evidence and whether a legal preservation obligation existed.

Practical Evidence Preservation Checklist

A foreign company should consider the following steps:

1. Identify the potential dispute and relevant time period.
2. List the people, companies and systems holding evidence.
3. Send a carefully drafted preservation notice.
4. Suspend internal deletion procedures.
5. Preserve original electronic files and metadata.
6. Secure accounting, email and cloud records.
7. Photograph or inspect physical goods and documents.
8. Request a Turkish court evidence-preservation measure where necessary.
9. Coordinate the process with arbitration or foreign litigation.
10. Keep a complete chain-of-custody record.

Lawyer Fırat Fesih Kaya assists foreign companies with evidence preservation, commercial litigation, arbitration support, digital evidence and cross-border disputes involving records located in Turkey.

Frequently Asked Questions (FAQ)

1. Can a foreign company preserve evidence in Turkey before filing a lawsuit?

Yes. A company may use preservation notices, technical measures and, where appropriate, a Turkish court application before starting the main litigation.

2. What commercial records should be preserved first?

Contracts, invoices, payment records, emails, accounting files, delivery documents, digital messages and records showing ownership or control should generally receive priority.

3. Can a Turkish court appoint an expert to inspect evidence?

In suitable circumstances, a court may appoint an expert to inspect and document accounting records, digital systems, goods or other relevant evidence.

4. Are emails admissible in Turkish commercial disputes?

They may be relevant, particularly when authenticity, sender identity, date and context can be established.

5. Are screenshots sufficient evidence?

Screenshots may support a claim, but original files, metadata, account records and forensic verification are usually stronger.

6. Can a foreign company request evidence from a Turkish bank or warehouse?

The company may seek voluntary production or use appropriate court and international evidence-gathering procedures, depending on the records and the holder.

7. What if the Turkish company deletes the evidence?

The foreign company should preserve proof of the deletion and may request additional measures or raise the conduct before the court or arbitral tribunal.

8. Does an arbitration clause prevent a Turkish court evidence application?

Not necessarily. A Turkish court may assist with evidence located in Turkey while the main dispute remains subject to arbitration.

9. How can digital evidence be authenticated?

The company should preserve original files, metadata, headers, system records, collection details and, where necessary, a forensic copy prepared by a qualified professional.

10. When should evidence preservation begin?

It should begin as soon as litigation or arbitration becomes reasonably foreseeable and before relevant records can be deleted, altered or transferred.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Legal Support for Evidence Preservation and Commercial Disputes

Foreign companies that need commercial records preserved in Turkey should act before evidence disappears. Fırat Fesih Kaya Law Office provides professional legal support throughout Turkey and internationally for evidence preservation, digital records, commercial litigation, arbitration and cross-border disputes.

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Email: info@firatfesihkaya.av.tr
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