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…
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The Board prepared the Guidelines on Cookies Applications (“Guidelines”) explaining cookies and practical advice for data controllers who process personal data through cookies. The Guidelines was published on the official website of the DPA on June 20, 2022.
Within the Guidelines, cookies in general and their types are regulated. Moreover, the types of cookies are categorised based on their timeframe, intended purpose and parties.
The relationship between the Electronic…
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Processing Sensitive Personal Data
Amendments to the law have been drafted by the Board and introduce some modifications to specific disputed provisions of the Law. These have been presented to relevant institutions and organisations for their consideration. The articles to be amended are Article 6, regulating the legal grounds for processing sensitive personal data and Article 9, regulating the transfer of personal data abroad.
Under Article 6 of the Law, explicit consent…
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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…
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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…
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The sanctions that the Advertisement Board has traditionally applied are the levying of administrative fines, correction decisions and precautionary or temporary suspension decisions against advertisements which violate the legal rules for advertisements broadcasted in any media including those found on the internet. In addition to these, the Advertisement Board has now been authorized to block access to online broadcasts or contents which are found to violate advertising…
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