Data Protection Law in General
On April 7, 2016, a new law on the protection of personal data came into force in Turkey: The Law on the Protection of Personal Data numbered 6698 (“Data Protection Law”). It is the first law of its kind in Turkey, specifically regulating the protection of personal data. The Data Protection Law is a step towards harmonizing Turkish legislation with EU legislation, and it was prepared based on Directive 95/46/EC on data protection (“Data Protection Directive”). The Data… »
Application of the Data Protection Law
The Data Protection Law applies to data controllers who process and transfer personal data. In the situation where data controllers utilise the services of third-party data processors for these processes, the law holds them jointly liable for taking all of the technical and administrative measures required to ensure the safeguarding of personal data and to prevent any unlawful access or processing. The Data Protection Law does not envisage the scope of its application in… »
Lawful Data Processing
Processing Personal Data Personal data can be processed based on the below specified legal grounds: If explicit consent of the data subject is obtained; If processing is clearly proposed under the laws; If processing is mandatory for the protection of life, or to prevent the physical injury of a person, in cases where that person cannot express consent, or whose consent is legally invalid due to physical disabilities; If processing is necessary for and directly related to… »
Singapore Convention Entered into Force on 11 April 2022 in Turkey
The United Nations General Assembly adopted the Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Convention”) on 20 December 2018, which was signed by Turkey on 07 August 2019 in Singapore. Turkey enacted the Law No. 7282 dated 25 February 2021[1] concerning the approval of the Singapore Convention, which was followed by the Presidential Decree (3866) dated 21 April 2021[2] concerning its ratification. Finally, with the Presidential… »
Similarity of Short Trademarks: Patent and Trademark Office Deviates From Practice in Groundbreaking Decision
Minor alterations were previously considered sufficient for consumers to distinguish between short marks The PTO recently held that the word mark M + PLUS was similar to the opponent’s series of earlier M marks The office diverged from standard practice in a decision that focused on the overall impression made by the marks on consumers Background When the Turkish Patent and Trademark Office assesses whether two signs are confusingly similar under Article 6/1 of the… »
Explicit Consent under The Data Protection Law
Explicit consent has been defined as consent that relates to a specified issue, declared by free will, and based on information. The definition provides that not all kinds of consent will suffice under the Data Protection Law. The data subject must know for what s/he is giving consent and must clearly express his/her consent. For example, consent obtained in English from non-English speakers in Turkey would not be considered to be explicit consent. Further, implied consent is… »