Product Liability and Safety 2020 in Turkey
Sources of law 1. What are the main areas of law and regulation relating to product liability? Turkey does not currently have specific legislation on product liability. However, the Product Safety and Technical Regulations Law 7223, which will enter into force on 12 March 2021, introduces a specific liability regime. This answer refers both to the current law and to the new product liability regime under Law 7223. Product liability claims of a commercial nature are based… »
Data Controllers’ Registry (VERBIS)
Pursuant to Article 16 of the Data Protection Law, an obligation to register in the Data Controllers Registry has been introduced for data controllers. In 2018, the Board issued decisions granting exemptions from registration obligation to certain professional groups, associations and political parties. The Board also granted a general exemption to local data controllers that have less than 50 employees, and actively less than TRY 25 million on their balance sheets. Data… »
Data Breach Notification
The Data Protection Law requires data controllers to notify the relevant data subject and the Board as soon as possible when being made aware of such data breach. In its decision dated January 24, 2019 and numbered 2019/9, the Board clarified the rules and procedures to be applied in data breach incidents. The Board takes the GDPR approach in terms of timing of breach notifications, and clarified that the term of “as soon as possible” must be interpreted as 72 hours of… »
Transfer of Data Abroad
Sensitive and non-sensitive personal data can be transferred abroad if the explicit consent of the data subject is obtained. Furthermore, other legal grounds will also apply to the transfer of personal data to the foreign country. However, the destination country must have “sufficient protection” in order to conclude the transfer abroad based on legal grounds (except for having obtained explicit consent). A list of jurisdictions that provide sufficient protection is to be… »
Transfer of Data to Third Party
Sensitive and non-sensitive personal data can be transferred to third parties if the explicit consent of the data subject is obtained, or if one of the additional legal grounds is applicable for such transfer. The Data Protection Law does not provide a definition for a third party; therefore, any individual or entity (other than the data controller and the data subject) may be considered a third party. This creates a problem, especially in relation to transfers between data… »
Lawful Data Processing
Processing Personal Data In principle, personal data can be processed with the explicit consent of the data subject. On the other hand, personal data can be processed without explicit consent in the following circumstances: 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… »
Application of the Data Protection Law
The Data Protection Law applies to data controllers who process and transfer personal data under their control. Furthermore, 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… »
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… »
The Regulation on Sales, Advertisement and Promotion of Medical Devices Has Been Amended
The regulation amending The Regulation on Sales, Advertisement and Promotion of Medical Devices was published in the Official Gazette No. 31232 dated 02.09.2020. The most important amendments made to the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Regulation”) related to the restrictions imposed on medical device sales and advertising activities and regulations on notices to be made in personnel changes. 1. New Regulations Imposed on Sales of Medical… »
Terms of Termination Prohibition, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Again
Introduction Extension of termination prohibition and unilateral unpaid leave Extension of short-time working allowance Introduction Shortly after the publication of Law 7252 on the Establishment of Digital Platforms Commission and Amendment of Certain Laws in the Official Gazette (Number 31199, dated 28 July 2020), two presidential decrees (Numbers 2810 and 2811) were published in the Official Gazette (Number 31202) on 31 July 2020extending the termination prohibition… »
Impacts of COVID-19 on Patent Law
1. Will there be any loss of rights due to the failure to file patent applications or to make other transactions on time because of the COVID-19 pandemic? Pursuant to provisional article 1 of The Law on Amendment of Certain Laws No. 7226 (“Law No. 7226”), which enacted by the Turkish Grand National Assembly (“Assembly”) on 25 March 2020, any and all terms in scope of the acquisition, use or extinction of a right, including the terms for filing lawsuits, enforcement… »
COVID-19’s Impacts on the Judiciary
This Q&A was written in scope of the legal provisions introduced as of 13 March 2020 to combat COVID-19, after the first COVID-19 case in Turkey was announced on 11 March 2020. The restrictions included in the Q&A have been removed as of 15 June 2020. However, considering the highly increasing number of patients as of September 2020, and the fact that certain enforcement offices have been shut down due to COVID-19, we are of the opinion that several measures may be… »