Current Discussions for Processing of Personal Data in Insurance Sector
The Law on Protection of Personal Data No. 6698 (the “DPL”) has entered into force on April 7, 2016 in Turkiye to (i) protect the fundamental rights and freedoms, particularly the protection of private life, in processing of personal data and (ii) regulate the obligations and principles and procedures to be followed by real and legal persons processing personal data. The DPL is applicable to all real persons whose personal data are processed as well as real and legal entities… »
New Exemption for Procurements of the State Supply Office
With the Law No. 7491 published in the Official Gazette dated 28 December 2023, an additional article 12 was added to the Public Procurement Law (the “Law”). Accordingly, a new exemption has been introduced for procurements of vehicles, vehicle renting, fuel, medicines, medical supplies and medical devices which are to be made by the General Directorate of State Supply Office (“DMO”) on behalf of the administrations. Current Exemptions There were already some exemptions in… »
Conditions for Pharmaceutical Exporters Other than Pharmaceutical Warehouses is Published
On 29 December 2023, the Turkish Medicines and Medical Devices Agency (“Agency”) has published Guidelines on the Conditions for Pharmaceutical Export Made by Companies Other than Pharmaceutical Warehouses (the “Guidelines”). The Guidelines has been prepared in order to ensure the shipment and export of pharmaceutical products and dietary foods for special medical purpose in compliance with national and international standards, while protecting public health. The Guidelines… »
Guidelines on Medical Device Meetings Has Been Updated
On 4 January 2024, the Turkish Medicines and Medical Devices Agency (“Agency”) announced on its official website that the Guidelines on Scientific Meetings and Educational Events to be Held within the Scope of the Regulation on the Sales, Advertisement and Promotion of Medical Devices (“Guidelines”) has been updated. Within the scope of the update, only in the third paragraph of Article 9 of the Guidelines, which came into force on 04 January 2024, the following issues have… »
Aggravated Scrutiny for Consumer Reviews
Consumer reviews are of great importance in online shopping as they enable consumers to form their opinion in terms of the features and quality of the products or services that they consider purchasing and the care and professionalism the sellers and providers present to consumers. Due to the decisive impact of consumer reviews on consumers’ shopping preferences, the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation") were amended on February… »
Trademark Filing History May Result in Finding of Bad Faith Under Turkish Law
It is widely accepted in the literature[1] and decisions of the Court of Cassation[2] (“CoC”) that an applicant's attempt to create a trademark portfolio by trying to register other well-known trademarks can be sufficient to constitute proof of bad faith. In this context, first instance courts and regional courts of appeals will examine the applicant's other trademark applications and might accept that the registration of the disputed trademark was attempted in bad faith… »