The Consumer Protection Law No. 6502 has been amended by the Law No. 7392 which was published in the Official Gazette on 01.04.2022. The amendments introduced into the Consumer Protection Law include wide range of major changes regarding commercial advertisements, the sanctions to be applied by Advertisement Board, distance sales contracts, e-commerce, refurbished and re-sold products, authorized service and special services within the scope of after-sales services.
As per…
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According to Article 38 of the Turkish Constitution, findings that are acquired unlawfully cannot be used as evidence. In this respect, using personal data as evidence in disputes requires a legal assessment on whether the personal data is collected lawfully or not. In principle, evidence that are obtained unlawfully shall not be allowed in legal proceedings.
As known, the main legislation related to protection of personal data is the Turkish Personal Data Protection Law No.…
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The question of whether appearance features of utilitarian objects with technical functions can benefit from copyright protection has become a debated issue in recent years, and it has also started to find a place in the decisions of the Court of Justice of the European Union (CJEU). In the decision of the CJEU, dated June 11, 2020, and numbered C-833/18, it was evaluated how appearance features of products with technical functions can benefit from copyright protection.
The…
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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…
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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…
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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…
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