Insights
Transfer of Data to Third Party
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… »
Covid-19 Impact on Trademarks
Having affected the entire world, the Covid-19 pandemic also had an impact on trademark law as it has other areas of law. When considered in detail, we see that trademark law is affected in various aspects by the Covid-19 pandemic. As a matter of fact, when we look at the period during March, April, and May, when the pandemic just started, one of the most apparent examples of this impact is that the number of trademark applications throughout the Covid-19 period has risen… »
New Guidelines on Electronic Scientific Meetings
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… »
Extended deadline for product promotion representatives to obtain certificate of competency
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 16 November 2019, a Regulation amending the Regulation on Promotional Activities of Human Medicinal Products (Turkish language) was published in the Official Gazette (numbered 30950). The amendment extends the period during which product promotion representatives can obtain their certificate of competency. Pursuant to the Regulation on Promotional Activities of Human Medicinal Products, product promotion representatives for… »
Misbehaviors of Employees, Which Do Not Reach The Level of Bullying Yet Disrupt the Workplace Peace, as Valid Grounds For Termination
According to article 25(2)(d) of the Turkish Labour Act,(1) an employee bullying their employer, one of their family members or another employee constitutes a just cause for termination. Several precedents of the Court of Cassation state that "bullying" refers to threats, insults or battery. That being the case, employers often wonder whether other acts of misbehaviour by employees, which do not technically qualify as bullying yet disrupt workplace peace, may constitute… »
What Are the Rules for Alcohol Advertising in Turkey?
Alcohol advertising has been a criticized topic for long time in Turkey. The year 2013 can be considered as milestone in Turkey. There has been a major change in the alcohol regulation. Upon the amendments in the “Tobacco and Alcohol Regulation” any advertising of alcohol products has simply been banned in any kind of media. This ban has included broadcasts on TV and radio, ads in the cinema, product replacement, printed media as well as social media and digital platforms.… »
Madrid e-Filing Now Available to Applicants in Turkey
As a result of the cooperation between the Turkish Patent and Trademark Office (TURKPATENT) and WIPO,Turkey has taken its place among thecountries that enable applicants to file their international trademark applications directly through the Madrid e-Filing service. Before this change, the MM2 form - the application form for the registration of international trademark applications - had to be filled in manually and submitted to TURKPATENT via the EPATS - TURKPATENT’s… »
Harmonization with the EU Medical Devices Regulation
Regulations on Medical Devices numbered 2017/745 (“MDR”), prepared by the EU Commission, has been published, and was planned to be enter in force on 26 May 2020. However, the MDR’s implementation date has been delayed for a year to enable healthcare institutions and economic operators to prioritize the fight against the Covid-19 pandemic. The legislation in Turkey continues the process of harmonization with the new rules set by the MDR. On 1 February 2020, Presidential… »
Extension of the Deadline Regarding Amendments to the Communiqué With Respect to Capital Loss and Negative Equity
The Communiqué (the “Amending Communiqué”) published in the Official Gazette on November 8, 2022, extended the deadline provided under Provisional Article 1 of the Communiqué on the Procedures and Principles Regarding Implementation of Article 376 of the Turkish Commercial Code No. 6101 (the “Implementation Communiqué”). The Implementation Communiqué was previously amended on December 26, 2020, and certain loss items were excluded from the calculation of capital loss or… »
Amendment to Press Labour Law
Under Turkish law, journalists are subject to Law No. 5953 on Arrangement of Relations Between Employers and Employees in the Field of Press (“Press Labour Law”), which sets out the terms and conditions of their employment. Former wording of Article 1 of Press Labour Law stated that the law covered those who work in any kind of intellectual or artistic works at news and photo agencies, periodical publications and newspapers published in Turkey and who fall outside the… »
Failure to Send Information Message by SMS or Email Regarding E-Notification Will Not Affect Term or Validity
Background The amendments made in Notification Law 7201 in 2019 expanded the scope of persons notified by e-notifications to include: public institutions and organisations; lawyers; notaries; experts; and mediators. Following this development, the Regulation on Notification via Electronic Means came into force in 2019. Both the Notification Law and the Regulation on Notification via Electronic Means provide that "the electronic notifications are deemed to have been served… »
How to File an Individual Application with Constitutional Court
Introduction According to article 45 of the Code on Establishment and Procedure Rules of the Constitutional Court (No. 6216) (the Code), anyone can apply to the Constitutional Court on the grounds that their fundamental rights and freedoms – protected under the Turkish Constitution, the European Convention on Human Rights and any additional protocols to which Turkey is a party – have been violated by public force. Any and all administrative and judicial remedies regarding the… »