Commitments on The Transfer of Data Abroad
In lieu of a comprehensive list of countries that personal data can be transferred to freely, the procedure for data transfers outside of Turkey is more complicated than most. Begüm Okumuş and Selin Başaran Savuran, Managing Associate and Senior Associate respectively at Gün + Partners, explore this process and how it is likely to evolve in the future. In an increasingly digitalised and globalised world, the need for transferring personal data abroad is inevitable and… »
Remote Working in the New Normal After COVID-19
Global COVID-19 pandemic, which has been going on for over a year now, had inevitable impacts on the business life. During the pandemic, various measures have been taken into place at workplaces to fight this outbreak. Remote working was one of the most prominent measures of all. It is beyond question that remote working model will maintain its significance at workplaces even after the pandemic. As per the Turkish Labour Act (the “TLA”), remote working is an employment… »
Data Protection Officer Within the Scope of the Personal Data Protection Law and the GDPR
Data protection officer (“DPO”) is a concept regulated under the General Data Protection Regulation (“GDPR”), which came into force in May 2018 in the European Union. The purpose of regulation of the DPO is to appoint a person who will be responsible for monitoring compliance of data controllers with data protection legislation. The GDPR imposes an obligation to appoint a data protection officer on data controllers who meet a number of criteria as well as regulates the duties… »
Does Technical Function Impede Copyright ?
Background The dispute is based on the claim that appearance features of Brompton Bicycles, which have been produced and sold in the same form since 1987 by the Designer SI and Brompton Bicycle Limited Company and can be adjusted to three different positions (folded, unfolded and stand-by) are copied in the production of ‘Chedech Bicycles’ by Get2Get, thus infringing the copyright in the Brompton Bicycle. The dispute commenced at the local level before the Belgian Court… »
Influencer Marketing Practices in Turkey
“The Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers” (“Guideline”), which was adopted by Advertisement Board (“Board”) as per its decision numbered 2021/2 and dated 4 May 2021, is preliminary and substantial legislation regarding social media influencer’s advertising activities. Nevertheless, the Board imposed several sanctions on the social media influencers prior to the Guideline on the grounds of the dispositions… »
Warning Letters: More Trouble, Less Solution!
Sending a warning letter is not a pre-condition to enforce patent rights as per Turkish Law. However, considering it is a cost-effective and fast way to solve disputes, patent owners may choose to send warning letters to perceived infringers. In 2014, a global pharmaceutical company filed a patent infringement action against a Gx company asking the IP Court to request and examine the related evidence; namely, the marketing authorisation dossier of the Gx drug filed before the… »