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Insights

We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

Turkish DPA Fines Meta and WhatsApp Try 5,3m For Failure to Fulfill Their Registration Obligation to the VERBIS

The Turkish Personal Data Protection Authority (the “Turkish DPA”),concerning the investigation initiated ex officio, into Meta and WhatsApp which processes the personal data of the data subjects in Turkey and is subject to the provisions of the Law on the Protection of Personal Data No. 6698 (“Law”) over imposed an administrative fine of TRY 2,665,000 (approx. EUR 128,560) separately for failure to fulfill their Data Controller’s Registry (VERBIS) registration and…»

Court of Cassation Overturns Longstanding Precedents on Cumulative Protection Afforded by Trademark Infringement and Unfair Competition Provisions

Cumulative protection is no longer available in light of a recent Court of Cassation decision Trademarks are protected under the IP Code, but “name[s], title[s] or trademark[s]” are not covered by the unfair competition provisions under the new Commercial Code The decision will have a serious impact on pending cases In a recent decision that challenges longstanding precedents, the Court of Cassation has ruled that, in cases where trademark infringement has been found, it…»

Turkish DPA Fines Tiktok Try 1.75m For Inadequate Data Security Measures

The Turkish Personal Data Protection Authority (the “Turkish DPA”) published, on 1 March 2023, a summary of its Decision No. 2023/134 concerning the investigation into TikTok over its data protection measures and imposed a fine of TRY 1,750,000 (approximately EUR 87,500) against the company. The decision of the Turkish DPA is very significant especially for service providers also targeting Turkish residents and children in Turkey. Also the Turkish DPA is not the first…»

Evaluation of the Decision to Block Access to Ekşi Sözlük within the Scope of Freedom of Expression

Most recently, the Information and Communication Technologies Authority ("ICTA") blocked access to Ekşi Sözlük, one of today's largest internet communities. Although the access ban was canceled by the decision of the Ankara 4th Criminal Court of Peace, as a result of the objection to the decision, the Ankara 5th Criminal Court of Peace accepted the objection and finalized the decision to impose an access ban. With the finalization of the decision to block access to Ekşi…»

Advertisement Board’s Expanded Power: Blocking Access

The traditional sanctions that the Advertisement Board used to apply were ordering administrative fine, correction decision and precautionary or temporary suspension decisions against advertisements which violate the legal rules for advertisements broadcasted in any media including internet. In addition to these, the Advertisement Board has been authorized to block access to online broadcasts or contents which are found to violate the advertising rules through amendments…»

Regulations on Consumer Reviews and Complaints

Specific rules for consumer reviews and publishing consumer complaints were introduced into Turkish law by amendments made to the Advertising Regulation effective as of March 2022. This amendment set the fundamental principles regarding consumer reviews. Some of them are as follows: Consumer reviews may be published by only those who have actually purchased the relevant product or service. Consumers should be informed of the principles for publishing consumer reviews either…»

Advertisements Containing Price Information and Discount Sales Advertisements

Advertising Regulation was amended in a way to include new measures and rules to regulate advertisements containing misleading price information and to protect consumers against unfair commercial practices. The amendments entered into force in March 2022. In addition, the Guideline on Advertisements Containing Price Information, Discount Sales Advertisements and Commercial Practices” (“Guideline”) was prepared by the Advertisement Board and took effect as of April…»

Advertisements Containing Environmental Claims

Until recently, there was no regulation specifically applicable for advertisements containing environmental claims. Absent a specific regulation, the Advertisement Board used to conduct its evaluation on such advertisements pursuant to the provisions included in the Advertising Regulation which states that advertisements must not abuse consumers’ environmental sensitivity or lack of knowledge in this field. For example, the Board in a decision rendered in October 2022…»

Conformity of Comparative Advertisements to the Advertising Law

Pursuant to the Advertising Regulation, direct comparative advertising practice is considered unlawful as it is prohibited thereunder to mention the product name, trademark, logo, trade name, business name or other distinctive features of competitors in advertisements. It is only allowed indirect comparative advertisement without containing the trademark and distinctive features of competitors. The Advertisement Board rendered a decision in August 2022, which was particularly…»

Social Responsibility Awareness and Social Values in Advertisements

The Advertisement Board rendered a guiding decision in September 2022 with respect to the advertisements published by an international fashion company operating in Turkey as well in which some food products particularly like bread and doughnuts covered with colourful toppings were placed together with some attractive shoes and sandals offered for sale. The Board evaluated that the advertisements violated the principle requiring that advertisements must be following the…»

Gender Equality in Turkish Workplaces

Introduction Gender equality and the inclusion of women in the labour market are considered essential tools for nations to reach their full potential and ensure sustainable development, growth and a prosperous life. However, the full implementation of this goal constitutes a challenge for many states, regardless of their level of development. The Global Gender Gap Report of 2022, published by the World Economic Forum, suggests that it will take another 132 years for the…»

Advertisements Required to Include +18 Markings

The Advertisement Board rendered a highly controversial decision in July 2022 concluding that the promotions published by a fashion company on the main page of its website under the title of “My Chosen Family” including the following statements “My Chosen Family: A chosen family consists of members who chose to support and love each other. It celebrates who you are no matter whom you love. Meet the LGBTQIA+ family who chose each other” are against the Constitution and…»

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