Cookies & Similar Technologies in Turkey
1. GOVERNING TEXTS 1.1. Legislation There is no specific legislation applicable to cookies and similar technologies. However, to the extent that cookies and similar technologies include or may be used to collect any data related to an identified or identifiable individual (personal data), then Law on Protection of Personal Data No. 6698 ('the Law') and its secondary legislation are also applicable to cookies and similar technologies which may be used by data controllers… »
COVID-19’s Impact on Compliance Issues and Internal & External Investigations
COVID-19 outbreak, which was announced to be a pandemic by the World Health Organization on 11 March 2020[1], had inevitable impacts on corporate compliance processes due to the evolving business and workplace practices. In parallel with the increase in remote working, along with the psychological and financial distress on individuals emerging from the crisis, many companies have come up against a changing landscape for fraud with a rising number of fraud cases, as well as… »
COVID-19’s Impact on Contracts and Relation with Force Majeure
The following statements are intended to help clarify the current legal situation caused by COVID-19 in terms of contracts and are valid for contractual relations subject to Turkish law. If contracting parties choose a law other than Turkish law as the law to be applied to the contract, the following statements may not apply. In such cases, the matter would have to be interpreted according to the law under which the contractual relationship is governed. 1. What is Force… »
COVID-19 and Personal Data Protection
1. Can processing personal data for the purpose of protecting public health within the scope of the struggle and measures taken to prevent the Covid-19 epidemic and its risk be considered as an exception under the Personal Data Protection Law in Turkey? What are the legal reasons for data processing within this scope? Under Article 28 of the Law on the Protection of Personal Data No. 6698 ("Law No. 6698"), cases that may be exempted from the application of the Law are listed.… »
Product Liability and Safety 2020 in Turkey
Sources of law 1. What are the main areas of law and regulation relating to product liability? Turkey does not currently have specific legislation on product liability. However, the Product Safety and Technical Regulations Law 7223, which will enter into force on 12 March 2021, introduces a specific liability regime. This answer refers both to the current law and to the new product liability regime under Law 7223. Product liability claims of a commercial nature are based… »
Impacts of COVID-19 on Patent Law
1. Will there be any loss of rights due to the failure to file patent applications or to make other transactions on time because of the COVID-19 pandemic? Pursuant to provisional article 1 of The Law on Amendment of Certain Laws No. 7226 (“Law No. 7226”), which enacted by the Turkish Grand National Assembly (“Assembly”) on 25 March 2020, any and all terms in scope of the acquisition, use or extinction of a right, including the terms for filing lawsuits, enforcement… »
COVID-19’s Impacts on the Judiciary
This Q&A was written in scope of the legal provisions introduced as of 13 March 2020 to combat COVID-19, after the first COVID-19 case in Turkey was announced on 11 March 2020. The restrictions included in the Q&A have been removed as of 15 June 2020. However, considering the highly increasing number of patients as of September 2020, and the fact that certain enforcement offices have been shut down due to COVID-19, we are of the opinion that several measures may be… »
COVID-19’s Impacts on Employment
1. What are the measures to be taken by the employer at the workplace during the COVID-19 outbreak? Under the duty to protect the employee, the employer is obliged to take occupational health and safety measures and to protect the employee’s health, physical and mental integrity. Also as per the Occupational Health and Safety Act, the employer is obliged to ensure the occupational health and safety of the employees. In this scope, it is advised that the employer (if exists… »
COVID-19’s Impacts on Trademark Prosecution
1. Within the context of the measures taken for combating COVID-19, how will Turkish Patent and Trademark Office (TURKPATENT) function?TURKPATENT is open and active. In order to keep the number of physically working personnel of TURKPATENT at minimum, flexible working methods such as remote or shift working will continue to be implemented. However, as TURKPATENT is a paperless office and has a functional e-filing system, the services of TURKPATENT are not interrupted in this… »
Impacts of Covid-19 on Intellectual Property in Turkey
Impacts of Covid-19 on intellectual property in Turkey Has the intellectual property office/IP Registry of your jurisdiction taken any measures due to Covid-19 and government/state actions to prevent spread of the virus? The Turkish Patent and Trademark Office (TurkPatent) is open and active. According to the Presidential Circular No 2020/4, published in the Repeated Official Gazette dated 22 March 2020 and numbered 31076, it has been decided that the number of personnel… »
Privacy Law: A Global Legal Perspective on Data Protection Relating to Advertising and Marketing, Turkey Chapter
A global legal compendium of the laws related to privacy law and data protection relating to advertising and marketing in 70 countries around the globe. Written by members of the Global Advertising Lawyers Alliance (GALA) a network of the leading advertising lawyers in the world. »
Sales Promotions 2020 in Turkey
Regulatory Framework 1. How does national law regulate sales promotions? Sales promotions in Turkey are regulated by: Law on the Protection of the Consumer No. 6502 (Consumer Law). Turkish Commercial Code numbered 6762 (TCC). Law on Regulation of Retail Trade No. 6585 (Retail Law). Regulation on Commercial Advertisements and Unfair Practices (Advertising Regulation). Regulation on Lotteries and Drawings for Non-Cash Rewards (Prize Regulation). 2. What obligations or… »