Insights
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… »
Evaluation of the Decision to Block Access to Ekşi Sözlük within the Scope of Freedom of Expression
Most recently, the Information and Communication Technologies Authority ("ICTA") blocked access to Ekşi Sözlük, one of today's largest internet communities. Although the access ban was canceled by the decision of the Ankara 4th Criminal Court of Peace, as a result of the objection to the decision, the Ankara 5th Criminal Court of Peace accepted the objection and finalized the decision to impose an access ban. With the finalization of the decision to block access to Ekşi… »
The Advertisement Board’s Expanded Power: Blocking Access
The sanctions that the Advertisement Board has traditionally applied are the levying of administrative fines, correction decisions and precautionary or temporary suspension decisions against advertisements which violate the legal rules for advertisements broadcasted in any media including those found on the internet. In addition to these, the Advertisement Board has now been authorized to block access to online broadcasts or contents which are found to violate advertising… »
Advertisements Containing Price Information and Discount Sales Advertisements
The Advertising Regulation was amended in a way to include new measures and rules to regulate advertisements containing misleading price information and to protect consumers against unfair commercial practices. The amendments entered into force in March 2022. In addition, the Advertisement Board prepared the Guideline on Advertisements Containing Price Information, Discount Sales Advertisements and Commercial Practices” (“Guideline”) that took effect in April 2022. Together… »
Gender Equality in Turkish Workplaces
Introduction Gender equality and the inclusion of women in the labour market are considered essential tools for nations to reach their full potential and ensure sustainable development, growth and a prosperous life. However, the full implementation of this goal constitutes a challenge for many states, regardless of their level of development. The Global Gender Gap Report of 2022, published by the World Economic Forum, suggests that it will take another 132 years for the… »
Advertisements Containing Environmental Claims
Until recently, there was no regulation specifically applicable for advertisements containing environmental claims. In the absence of specific regulation, the Advertisement Board has previously conducted its evaluations of such advertisements pursuant to the provisions included in the Advertising Regulation stating that advertisements must not abuse consumers’ environmental sensitivity or lack of knowledge in this field. For example, the Board determined in a decision… »
Social Responsibility Awareness and Social Values in Advertisements
The Advertisement Board rendered a guiding decision in September 2022 with respect to the advertisements published by an international fashion company operating in Turkey in which some food products like bread and doughnuts covered with colourful toppings were placed together with some attractive shoes and sandals also offered for sale. The Board evaluated that the advertisements violated the principle requiring that advertisements must follow the principles of fair… »
Advertisements Required to Include +18 Markings
The Advertisement Board rendered a highly controversial decision in July 2022 concluding that the promotions published by a fashion company on the main page of its website under the title of “My Chosen Family” including the following statements “My Chosen Family: A chosen family consists of members who chose to support and love each other. It celebrates who you are no matter whom you love. Meet the LGBTQIA+ family who chose each other” are against the Constitution and… »
TV Scenes Contrary to Social Gender Equality
Broadcast media is regulated and supervised by the Radio and Television Supreme Council (“RTUK”), an autonomous and impartial public legal entity. The RTUK regulates and supervises the radio, television and on-demand media services, and examines broadcasts, as well as advertisements, in light of the provisions of Broadcasting Law No. 6112. The RTUK recently rendered an important decision against the abuse of women and gender inequality. The RTUK ‘s decision concerned TV… »
Implementation of the Guideline on Social Media Influencers
In Turkey social media advertising is mainly regulated under Consumer Protection Law and the Advertising Regulation. In 2021, the Advertisement Board drafted the Guideline on Commercial Advertisement and Unfair Commercial Practices Conducted by Social Media Influencers” (“Guideline”). It was prepared based on the Consumer Protection Law to serve as a basis for examinations of commercial advertisements and unfair commercial practices run by Social Media Influencers. The Board… »