Insights
Transfer of Personal Data to Third Parties
Sensitive and non-sensitive personal data may be transferred to third parties if the data subject’s explicit consent is obtained or if one of the additional legal grounds is applicable for such transfer. The Law does not define 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 about transfers between data controllers and data processors, as there is no… »
Transfer of Data Abroad
Sensitive and non-sensitive personal data can be transferred abroad if the data subject’s explicit consent is obtained. Furthermore, other legal grounds will also apply to transferring personal data to a foreign country. However, the destination country must have “sufficient protection” to conclude the transfer abroad based on legal grounds (except for having obtained explicit consent). The Board will determine a list of jurisdictions that provide sufficient protection. The… »
Data Breach Notification
The Law requires data controllers to notify the relevant data subject and the Board as soon as possible after becoming aware of a data breach. In its decision dated January 24, 2019, and numbered 2019/9, the Board clarified the rules and procedures applicable to data breach incidents. The Board took the GDPR approach regarding the timing of breach notifications and clarified that “as soon as possible” within the Law must be interpreted as 72 hours from becoming aware of a… »
Turkish DPA Fines Meta and WhatsApp Try 5,3m For Failure to Fulfill Their Registration Obligation to the VERBIS
The Turkish Personal Data Protection Authority (the “Turkish DPA”),concerning the investigation initiated ex officio, into Meta and WhatsApp which processes the personal data of the data subjects in Turkey and is subject to the provisions of the Law on the Protection of Personal Data No. 6698 (“Law”) over imposed an administrative fine of TRY 2,665,000 (approx. EUR 128,560) separately for failure to fulfill their Data Controller’s Registry (VERBIS) registration and… »
Data Controllers’ Registry (VERBIS)
According to Article 16 of the Law, an obligation to register in the Data Controllers Registry (“VERBIS”) has been introduced for data controllers. In 2018, the Board issued decisions granting exemptions from the registration obligation to specific professional groups, associations, and political parties. The Board also granted a general exemption to data controllers residing in Turkey with less than 50 employees and less than TRY 25 million on their balance sheets. Data… »
Consequences of Data Breach
The Law provides for both administrative fines and criminal liability where data breaches have occurred. Regarding criminal penalties, the Law refers to the relevant provisions of the Turkish Criminal Code that details sanctions for the unlawful recording, disclosing, or transferring of personal data. In addition to criminal sanctions, the Law also contains provisions detailing administrative fines applicable in a breach. Four breaches have been defined under the Law: The… »
Judicial Review of Board Decisions
The Law does not include an explicit provision concerning the process for appealing Board decisions that impose administrative fines. However, it is accepted that criminal courts of peace are the authorised courts under Law No. 5326 on Misdemeanours dated 30/3/2005 since the title of Article 18 of the Law is “Misdemeanours,” and administrative fines are issued as per Article 18 of the Law. With this in mind, decisions imposing behavioural sanctions can be appealed before… »
How Does Turkey's Judicial System Fare With Respect to Gender Diversity?
The increasing importance of gender equality and the inclusion of women is a significant indicator of development. One of the goals set out under the Strategic Plan of 2019-2023 issued by the Ministry of Justice is to increase the number of judges, public prosecutors and judicial personnel. The Strategic Plan provides that, as a strategy to achieve this goal, the principle of gender equality in the recruitment of judges, public prosecutors and other personnel will be taken… »
Guidelines on Cookies Applications
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… »
DELPHI v DEPLHI: PTO’s Decision Sheds Light on Interpretation of Bad Faith
Delphi Technologies opposed the registration of DEPLHI in Classes 1, 3 and 4 based on its earlier mark DELPHI The board found that the goods covered by the application were similar and related to the goods/services covered by the earlier mark, as they were all used in the auto spare parts sector ‘Delphi’ has no meaning in Turkish and it was unlikely that this word would have been chosen as a trademark as a coincidence In a recent decision, the Re-examination and Evaluation… »
Turkish DPA Fines Tiktok Try 1.75m For Inadequate Data Security Measures
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… »
Planned Amendments to the Law on the Protection of Personal Data
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… »
News and Events
Legal500 2019 Rankings Announced (1)
We are proud to have the “Top Tier” rankings in 5 out of 9 practice areas we are ranked by The Legal 500 and delighted that our 7 lawyers are listed as "Leading Lawyers" with 2 lawyers listed as “Next Generation Lawyers” in their practice areas.
Özge Karakulak, spoke on compliance environment in life sciences industry in Turkey at the Seton Hall Law School program
Özge Atılgan Karakulak, chair of our Life Sciences practice, shared her experience on compliance environment in life sciences industry in Turkey at Middle East Healthcare Compliance Certificate program organized by Seton Hall Law School faculty in Dubai, U.A.E. https://law.shu.edu/compliance/health/middle-east/speakers.cfm
We have co-hosted INTA Pre–Annual Meeting in İstanbul
International Trademark Association (INTA) Pre–Annual Meeting was co-hosted by Gün + Partners in Istanbul on May 03, 2019. Ugur Aktekin made the opening speech and informed the attendees about the INTA and its 141st annual meeting in Boston, which is scheduled to start on May 18, 2019. Ugur Yalciner spoke about code of conduct rules for trademark attorneys. https://lnkd.in/dY7GqUs
We won Euromoney Benchmark Litigation’s inaugural award for Law Firm of the Year for Turkey in 2019
We are delighted our firm won Euromoney Benchmark Litigation’s inaugural award for Law Firm of the Year for Turkey in 2019. @Benchmark Litigation recognises the most distinguished law firms for their dispute resolution work over the past 12 months. #disputeresolution #litigation https://www.benchmarklitigation.com/articles/benchmark-litigation-europe-awards-2019/arkwqbxx https://www.benchmarklitigation.com/articles/benchmark-litigation-europe-awards-2019/arkwqbxx
We won Who’s Who Legal Country Firm of the Year Award for Turkey for the 3rd consecutive year
"We are honoured our firm has been awarded the “Who’s Who Legal Country Firm of the Year Award for Turkey” for the 3rd consecutive year in 2019. Who’s Who Legal says: “Following thousands of interviews conducted and nominations received, our research has emphatically identified you as standing apart from all other firms in the country this year. This award is in recognition of the exceptional calibre of your firm’s work in your country over the past year.”…
Begüm Yavuzdoğan spoke in IAPP Turkey, Tech and Policy Meeting
"Begüm Yavuzdoğan Okumuş, managing associate in our TMT practice and IAPP Turkey KnowledgeNet co-chair, and Emily Sharpe, privacy and public policy manager at Facebook, spoke about data protection at ""Turkey, Tech and Policy"" meeting in Galatasaray University. https://lnkd.in/g7vxECS"
Our "Key Developments and Predictions for Patent Law in Turkey" thought leadership paper launched
Our “Key Developments and Predictions for Patent Law in Turkey” paper discusses the issues surrounding the interpretation and implementation of the key changes introduced by the IP Code. https://gun.av.tr/key-developments-and-predictions-for-patent-law-in-turkey-2019/
Ugur Aktekin made the opening speech of FICPI-Turkey 7th Roundtable Meeting
FICPI - TÜRKİYE 7th Roundtable meeting was held on June 14, 2019. Following the opening speech by Mr. Ugur Aktekin, the President of FICPI – TURKEY, specialized courts and Supreme Court approaches were discussed in terms of trademark similarity, and evaluations were made on different examples of Turkish Patent and Trademark Office. https://lnkd.in/g956W8g
Özge Atılgan Karakulak has been listed in Top 250 Women in IP 2019 by Managing IP
"Congratulations to Özge Atılgan Karakulak, chair of our Life Sciences practice, for being listed in Top 250 Women in IP 2019 by Managing IP. https://www.ipstars.com/articles/managing-ips-top-250-women-in-ip-2019/arwgdwra"
We Are Supporting Turkey's Digital Transformation
We are providing legal support to @TÜSİAD's Digital Industry Program (SD2) to strengthen digital transformation process and technology supplier ecosystem in Turkey. https://tusiadsd2.org/destekciler
Webinar: Trademark Protection in Europe During COVID-19
COVID-19 pandemic spread all around Europe by March 2020 and has been effecting also trademarks and trademark protection in practice. Gün + Partners hosted this webinar to provide a unique opportunity to learn about the impacts of COVID-19 to the practice of trademark law before trademark offices and courts in various European jurisdictions. The difficulties in combating with anticounterfeiting, including customs will also be covered. Join us to learn more about current…
Webinar: The Effects of COVID-19 on Anti-counterfeiting Activities in EMEA Region
The panel came together to discuss the effect of Covid-19 and the respective measures taken in the EMEA region, on the anti-counterfeiting activities. The legal teams at headquarters and local subsidiaries and outside counsels will give an overall perspective based on insights, experiences, threats and opportunities. Moderator: Barış Kalaycı Speakers: Lindsay Sisnett, Hale Büyükbozkurt, Zeynep Seda Alhas Topics: The impacts of COVID-19 to anti-counterfeiting actions in…