With the “Regulation Amending the Regulation on Commercial Communication and Commercial Electronic Messages” (“Regulation”) published on 4 January 2020, new obligations were imposed on commercial electronic messaging that would affect all those using electronic messages. Under the new regulations, the most crucial obligation is registry with the newly established Message Management System called IYS.
“Data, audio and video content messages that are sent for commercial purpos...»
Information Technologies and Communication Authority (“BTK”) in Turkey has published two decisions, one at the beginning of 2018 and the other at the beginning of 2019 related to e-SIM technologies. The first decision was specific to e-Call services in vehicles whereas the latter was in relation to remote programmable e-SIM technologies. Both decisions created a big buzz, especially with localization of SIM card requirement envisaged for e-Call systems in vehicles (preventing...»
General Data Protection Regulation (GDPR) has been one of the most important regulations for the companies in Europe and also some of the companies in other countries. However, Europe is not the only jurisdiction with a privacy regulation. Various other countries like Turkey, Japan, South Korea, and Australia have privacy laws. A company located in Europe has to take into account the provisions of both the GDPR and the privacy regulations of other countries where it does busi...»
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 st...»
Law on Protection of Personal Data numbered 6698 provides under the article titled “Data Security Liabilities” that, data controllers must take all necessary technical and administrative measures to ensure the appropriate level of security to:
Prevent unlawful processing of personal data,
Prevent unlawful access to personal data,
Maintain safeguarding of personal data.
Within the scope of the same article, if the data processed is obtained/ accessed by third parties through...»
Overview of main IPRs
1. What are the main IPRs in your jurisdiction? How are they protected?
Patents and utility models
Patents. Patents are granted for inventions which are all of the following:
Represent an inventive step (that is, surpass the current standard for state-of-the-art in a particular industry).
Capable of industrial application.
The following categories are exempted from patent protection:
Discoveries, scientific theories, and mathematical methods.
The regulation of unsolicited commercial communications
1. How does national law regulate the making of unsolicited telephone calls for marketing purposes?
Electronic commercial communications are regulated by the Law on the Regulation of Electronic Commerce numbered 6563 (E-Commerce Law), which came into force on 1 May 2015, along with the Regulation on Commercial Communication and Electronic Commercial Messages (Commercial Communication Regulation). The E-Commerce Law defi...»
On March 28, Turkey’s Information Technologies and Communication Authority, the Bilgi Teknolojileri ve İletişim Kurumu, published its decision(dated Feb. 12, 2019) on remote programmable e-SIM technologies imposing localization requirements on e-SIM technologies and prohibition of permanent roaming is once again clarified. The decision also refers to the previous decision of the BTK regarding e-call systems (dated Jan. 22, 2018).
In its previous decision, the BTK indicated th...»
One of the most important obligations of data controllers under data protection laws is to inform the data subjects concerning data processing activities. Accordingly, the Turkish Law on Protection of Personal Data numbered 6698 (“DPL”) also imposes an obligation on data controllers to provide certain information to data subjects before processing their data. Pursuant to Article 10 of the DPL regulating the information obligation, a data controller must inform the data subjec...»
On 7 April 2016, a new law on the protection of personal data came into force in Turkey, Data Protection Law 6698 (Data Protection Law). It is the first law of its kind, regulating the protection of personal data, and also introducing many new obligations that persons or entities dealing with personal data (data controllers) must comply with.
Until 2016, the protection of personal data, except for certain regulated sectors, was regulated by a single provision in the Turkish C...»
Among other things, privacy issues in mergers and acquisitions now attract the attention of transaction parties.
Privacy risks/issues in mergers and acquisitions used to be overlooked or underestimated. However, these days, conducting adequate due diligence on privacy issues and mitigating risks associated with a target’s privacy-related liabilities, as well as requesting privacy-related representations and warranties, are common in merger and acquisition transactions.
Apart from an economic slow-down, one can say that 2018 has been productive and looked promising for Turkey from a privacy perspective. We have seen considerable efforts and attempts from the data protection authority, as it has been active in meeting with the practitioners, academics, organizing trainings and seminars, and issuing new guidelines, and regulations. We have seen more data breach decisions rendered by the DPA and these shed a light to the practice and claims mad...»