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Thought Leadership

COVID-19 HUB

COVID-19 HUB

Our COVID-19 HUB is designed to keep our stakeholders updated and help them understand the legal effects of COVID-19 outbreak, and take steps to maintain their businesses in Turkey.

Trademark Law in Turkey Key Developments and Predictions - 2021

Trademark Law in Turkey Key Developments and Predictions - 2021

We have compiled our articles on various topics of trademark law that we deem important for brand owners, which we have developed over the course of the last year.

Patent Law in Turkey Key Developments and Predictions - 2021

Patent Law in Turkey Key Developments and Predictions - 2021

We focus on the key aspects of patent litigation in Turkey, and the most important or challenging issues in Turkish Patent Law.

Life Sciences Law in Turkey Key Developments and Predictions - 2021

Life Sciences Law in Turkey Key Developments and Predictions - 2021

We focus on the key aspects of life sciences in Turkey, the most important and challenging issues in Turkey’s life sciences industry.

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

Data Protection and Privacy Law in Turkey Key Developments and Predictions 2021

We focus on the key aspects of data privacy matters and developments in Turkey, and the most important or challenging issues regarding the same.

Copyright Law in Turkey Key Development and Predictions 2021

Copyright Law in Turkey Key Development and Predictions 2021

In the report, we outline seven controversial issues that we often encounter in Turkish copyright Law.

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

Commercial Dispute Resolution Under Turkish Law Rules, Developments and Insights - 2020

We focus on the four main topics of commercial dispute resolution under Turkish law, and the most important and challenging issues in commercial dispute resolution under Turkish law.

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

Media and Advertising Law in Turkey Key Developments and Predictions - 2020

We focus on the key aspects of media and advertising law in Turkey, and the most important or challenging issues in Turkish media and advertising Law.

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Monthly Newsletters

January 2022

January 2022

We are pleased to publish our monthly newsletters to update our community and clients about legal developments in Turkey.

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Data Breach Notification

Articles -
Data Protection and Privacy || Gün + Partners

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” within the Data Protection Law must be in...»

Transfer of Data Abroad

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Data Protection and Privacy || Gün + Partners

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 det...»

Transfer of Data to Third Party

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Data Protection and Privacy || Gün + Partners

Sensitive and non-sensitive personal data may 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 c...»

Explicit Consent under Data Protection Law

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Data Protection and Privacy || Gün + Partners

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 he/she is providing 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 cons...»

Lawful Data Processing

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Data Protection and Privacy || Gün + Partners

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 th...»

Application of the Data Protection Law

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Data Protection and Privacy || Gün + Partners

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 term...»

Data Protection Law in General

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Data Protection and Privacy || Gün + Partners

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 Protec...»

Cross-border IP Right Assignments 2021 in Turkey

Guides -
Trademarks and Designs and IP Prosecution || Mutlu Yıldırım Köse and Pınar Arıkan

Key aspects of intellectual property right assignments Definition of IP Rights Does the definition of "Intellectual Property Rights" in Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 include any rights that are not recognised in your jurisdiction? If yes, what are those rights? Standard document, Assignment of intellectual property rights: Cross-border: clause 1.1 does not include any rights that are not recognised in Turkey Shou...»

Cross-border IP Right Licences 2021 in Turkey

Guides -
Trademarks and Designs and Copyrights || Hande Hançar and Berrin Dinçer Özbey

Key aspects of intellectual property licensing Degree of exclusivity Describe what is understood by each of the below terms in your jurisdiction. Exclusive licence Under the Industrial Property Code No. 6769 (IP Code), an exclusive licence is a type of licence under which the licensor cannot issue a licence to any person other than the exclusive licensee and cannot use the licensed intellectual property (IP) rights unless they explicitly reserve this right. Non-exclusive l...»

New Euro Exchange Rate For Drug Prices For 2021

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 19 February 2021, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language), stating that the foreign exchange rate between the euro and Turkish lira for drug prices would be raised to EUR1 to TRY4.5786 as of 20 February 2021. The euro exchange rate used for approval of drug prices in Turkey is determined as per the Decision on the Pricing of Human Medicinal Products (decision). Pursuant to the decision, the euro exchange rate is determi...»

New Guidelines on Electronic Scientific Meetings

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Life Sciences || Dicle Doğan and Fatma Sevde Tan

On 14 March 2021, the Turkish Medicines and Medical Devices Agency published the Guidelines on Applications for Electronic Scientific Meetings and Electronic Product Promotion Meetings (Turkish language). Electronic meetings have become more important because of the COVID-19 pandemic, and the guidelines have been published to answer questions raised in practice. They also introduce stricter rules for electronic meetings. Key provisions of the guidelines are as follows: Elect...»

The Guidelines For The Implementation of The Regulation on Sales, Advertisement And Promotion of Medical Devices Has Been Updated

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Life Sciences and Technology, Media and Telecom || Dicle Doğan and Fatma Sevde Tan

Following the adoption of the substantial amendments to the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Regulation”) on 2 September 2020, the new Guidelines for the Implementation of the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Guidelines”) has been published on the Turkish Medicines and Medical Devices Agency’s (“Agency”) website on 12 February 2021. The most crucial changes brought with the Guidelines are in relation to...»