Insights
Terms of Termination Ban, Unilateral Unpaid Leave and Short-Time Working Allowance Have Been Extended Once Again
With two very recent Presidential Decrees published in the Official Gazette (31287) dated 27 October 2020, the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 November 2020, have been extended until 17 January 2021; and the term set out for the short-time working allowance granted in scope of COVID-19 has been extended until 31 December 2020. Extension of termination ban and unilateral unpaid leave With the Presidential Decree 3135… »
New Code of Civil Procedure Extends Deadlines in Patent Litigation
The “Code on the Amendment of the Code of Civil Procedure and of Some Other Laws” entered into force in Turkey recently. This Code focusses on the principle of procedural economy and acceleration of the judicial process. One of the Code’s amendments important for patent law practice concerns the extension of the legal period in which to submit statements challenging court expert reports. This amendment to Article 281 of the Code of Civil Procedure (“CCP”) stipulates that the… »
Turkish Data Localization Rules in Effect for Social Media Companies
On Oct. 1, 2020, amendments to the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (Law No. 5651), also known as the Social Media Law in Turkey, entered into force. The amendments define the term "social network provider," oblige them to appoint a local representative, set out procedures for content removal, request reports every six months, and require user data to be stored within Turkey. On Oct. 2, the Information and… »
Court of Cassation's Latest Approach to Actions for Unquantified Amounts of Receivables
Introduction When the new Code of Civil Procedure was enacted in 2011, it introduced a new case type to Turkish litigation, enabling plaintiffs to file actions for unquantified amounts of receivables, the determination of which is left to the courts. When filing such actions, plaintiffs must: state the amount of determinable receivables as the minimum amount subject to the dispute; pay a case fee based on this amount; extend their claim to the amount calculated by the court;… »
Turkish Court of Appeal Rules on Abuse of the Right to Sue
In a recent case concerning trade mark law, the Turkish Court of Appeal ruled that even in cases of bad faith on the part of the defendant, the claimant can face the principle of loss of right due to silence as well as the barrier of abuse of the right to sue. The decisions As some readers may be aware, two German companies, Speck Pumpen Verkaufsgesellschaft GmbH and Winter Pumpen GmbH, had a dispute over the SPECK trade mark. This trade mark conflict included some actions… »
ICTA’s Decision on Social Network Providers
Definition of "Social Network Provider" has been added to the Law numbered 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (“Internet Law”) with the amendments that entered into force as of October 01, 2020. Although the amendments have regulated main issues concerning social network providers, the details of their obligations and sanctions have been subject to discussions and required more clarification. Accordingly on… »
Advertisement Board Imposed Sanctions due to False Health Claims in Advertising of Food Supplements
In its decision dated 14th of July 2020 the Advertisement Board imposed sanction against the advertisement of a food supplement branded “No Attack”. According to Advertisement Board the advertising of this food supplement by celebrities in Turkey as well as the producer itself incorporated false health claim. Hence the Advertisement Board ordered to cease the broadcast of the said advertisements in any media and imposed administrative monetary fine corresponding to TRL… »
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… »
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… »
Restrictions on Dividend Distribution Extended to 31 December 2020
Within the scope of the fight against the Covid-19, the provisional article 13, which was added to the Turkish Commercial Code ("TCC") on April 16, 2020, brought some restrictions on the dividend distribution rights of equity companies until 30 September 2020 and the exemptions regarding the companies covered by the regulation, the procedures and principles in relation to the practice were determined by the Communiqué issued by the Ministry of Commerce ("Ministry") and… »
COVID-19: Declarations of Conformity for Medical Devices Valid Only if Issued by Manufacturers
Dicle Doğan and Fatma Sevde Tan, Gun + Partners On 1 July 2020, the Turkish Medicines and Medical Devices Agency published an announcement (Turkish language) stating that declarations of conformity for medical devices issued by organisations other than manufacturers have no validity. Declarations of conformity can only be issued by manufacturers. Products classified under the Turkish Medical Devices Regulation as Class I (non-sterile and non-measuring) products and under the… »
Amendments to the Law No: 5651 Concerning Social Media
The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (the “Law No: 5651”) was accepted by the Turkish Grand National Assembly on July 29, 2020 and published in the Official Gazette on 31 July 2020. These amendments, which have been on the agenda for a long time and known as social media regulations, bring fundamental changes. New provisions have been added to the Law No. 5651. Essentially… »