Insights
Recent Changes in Relation to Determination of Companies Subject to Independent Auditing
The Presidential Decision No. 6434 on Determination of Companies subject to Independent Auditing (the “Decision”) was published in the Official Gazette on November 30, 2022. The Decision provides significant changes to the independent auditing thresholds compared to the Decision No. 2018/11597 on Determination of Companies subject to Independent Auditing, which will remain in force until January 1, 2023. With the effect of the Decision, publicly-traded companies that exceed… »
Amendments to the Turkish Commercial Code
The Law on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction No. 7262 (the “Law No. 7262”) was published in the Official Gazette No. 31351 on December 31, 2020. Although the Law in general sets forth the principles related to implementation of the sanctions of the United Nations Security Council regarding prevention of financing of proliferation of weapons of mass destruction, the same legislation also introduces certain amendments to the… »
Amendments to the Communiqué with respect to Capital Loss and Negative Equity
The Communiqué Amending the Communiqué on the Procedures and Principles Regarding Implementation of Article 376 of the Turkish Commercial Code No. 6102 (the "Amending Communiqué”) was published in the Official Gazette on December 26, 2020, and entered into force on the same date. Article 376 of the Turkish Commercial Code (the “TCC”), which is also known as the provision for technical bankruptcy, provides mandatory measures to be taken by companies in the event of capital… »
List of Compassionate Use Programs Has Been Published
Compassionate Use Programs are designed for patients who have a serious or urgent, life-threatening disease whose treatment has been unsuccessful with available medicinal products licensed by the Turkish Medicines and Medical Devices Agency (“Agency”) in Turkey and who cannot be included in the clinical trials on this subject. The Compassionate Use Program aims to provide the drug, which is not licensed in Turkey, but licensed or not in other countries, by the company that… »
New Regulation on Processing of Personal Data in Electronic Communication Sector Has Been Published
The New Regulation on Processing of Personal Data and Protection of Privacy in the Electronic Communication Sector (the "Regulation") published in the Official Gazette on December 4, 2020 will come into force as of June 4, 2021. The Regulation sets forth procedures and principles applicable to the operators in in the electronic communication sector with respect to data (including personal data and data related to legal person subscriptions) which they collect within the… »
Recent Developments About the Commercial Electronic Message Management System (“IYS”)
By the amendments made to the Regulation on Commercial Communication and Commercial Electronic Messages ("Regulation") on January 4, 2020, a Commercial Electronic Message Management System ("IYS") was created that allows receiving commercial electronic message approval, the use of the right to refuse, and the management of complaint processes and service providers intending to send commercial electronic messages were obliged to register with the IYS and upload the approvals… »
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… »
Web-based Scientific Meetings of Medical Device Companies
Dicle Doğan and Fatma Sevde Tan, Gun & Partners On 11 June 2020, the Turkish Medicines and Medical Devices Agency published new guidelines (Turkish language) on scientific meetings and educational activities regarding medical devices. The guidelines, which were updated by an amendment made on 27 April 2020, state that in terms of scientific web-based meetings, only meetings that last more than one day should be notified. This is further to the existing rules, which do not… »
Dividend Distribution Restrictions Imposed on Equity Companies in Scope of COVID-19 Measures
Within the scope of the fight against the spread of Covid-19, provisional article 13 was added to the Turkish Commercial Code (“TCC”) with the Law numbered 7244 adopted on 16 April 2020. The said provisional article brought certain restrictions on dividend distribution rights of the equity companies until 30 September 2020 and it was further regulated that the companies exempt from these restrictions and the procedures and principles regarding the application thereof would be… »
Commercial Dispute Resolution under Turkish Law: Rules, Developments and Insights
Commercial Dispute Resolution under Turkish Law: Rules, Developments and Insights Turkish civil litigation is a unique system where the concepts and practices of civil law meet with the ones originating from Turkish law. Along with the classical and common judiciary concepts and practices among civil law systems, Turkish law envisages a sui generis concept called “enforcement proceedings without judgment”. This frequently-resorted type of enforcement action is native to… »
Compensatory Working under COVID-19 Measures
The COVID-19 outbreak, which was declared a pandemic by the World Health Organisation on 11 March 2020, the date on which the first case in Turkey was discovered, has inevitably had a significant impact on economic life. The measures taken to minimise this impact eventually resulted in labour law having to be restructured according to the pandemic's circumstances. In this respect, the duration of compensatory working, which is stipulated under the Labour Act, has been… »
Amendment on Commercial Communication Regulation in Turkey
With the “Regulation Amending the Regulation on Commercial Communication and Commercial Electronic Messages” (“Regulation”) published on 4 January 2020, new obligations were imposed on commercial electronic messaging that would affect all those using electronic messages. Under the new regulations, the most crucial obligation is registry with the newly established Message Management System called IYS. “Data, audio and video content messages that are sent for commercial… »
News and Events
Özge Atılgan Karakulak made the opening speech of IBA World Life Sciences Conference 2019
Özge Atılgan Karakulak, chair of our Life Sciences practice and vice chair of the IBA Intellectual Property and Entertainment Law Committee, co-chaired IBA 7th Annual World Life Sciences Conference, held in Philadelphia, USA. https://www.ibanet.org/Conferences/conf956.aspx
We are attending the IBA Annual Conference in Seoul
Our partners Özge Atılgan Karakulak, vice chair of IBA IP and Entertainment Law Committee, Pelin Baysal, former secretary of IBA Insurance Committee, and Ozan Karaduman, will be attending the IBA Annual Conference 2019 in Seoul from 22nd to 27th of Sep 2019. Please contact gun@gun.av.tr if you wish to meet with them. https://www.ibanet.org/Conferences/Seoul-2019.aspx
June 8th is World Anti-Counterfeiting Day!
In an ideal world, we would not need to dedicate a day to a crime – but today is all about raising awareness about counterfeits and celebrating the ones fighting for a safer world. We operate in a jurisdiction which is notorious for counterfeits and we do our best to protect the brands of our clients both online and offline, all around Turkey and also at the customs. For tailoring the best approach and obtaining the best outcome, we leverage other measures available to us…
Webinar: World IP Day - Top Patent Cases of the year 2020 in Turkey and UK Perspective
Aysel Korkmaz Yatkın and Selin Sinem Erciyas from Gün + Partners and Aida Tohala from Bristows discussed the top patent cases of 2020 in Turkey and UK perspective and case law about the same. https://youtu.be/7ZZC1XSTNyk
INTA Pre-Annual Meeting Reception 2022
This reception is planned exclusively for you and your colleagues to learn more about INTA’s upcoming 2022 Annual Meeting Live+. Feel free to bring a friend, colleague, or prospective member to find out more about this year's educational program, Business Development offerings, and more. Plus, learn about all the benefits of being or becoming an INTA member!
Asena Aytuğ Keser Is Promoted as Managing Associate
We are pleased to announce the promotion of Asena Aytuğ Keser as our new managing associate. Asena has been with Gün + Partners since 2011. She specializes in dispute management, employment, business crimes and anti-corruption, and insurance and reinsurance practices. Asena advises and represents clients in various commercial disputes before courts and arbitral tribunals, including high profile compensation cases, M&A and shareholders disputes, insurance disputes, and…
Dicle Doğan Has Been Listed Among Euromoney Expert Guides - Rising Stars 2022
We are delighted to see Dicle Doğan, managing associate in our life sciences practice, has been listed among Euromoney Expert Guides - Rising Stars 2022. Expert Guides identifies the world’s leading lawyers, advisers and legal practitioners based on extensive peer review. https://www.iflr1000.com/NewsAndAnalysis/Expert-Guides-Rising-Stars-2022/Index/13724
Webinar: World IP Day - Conversation on Significant Role of IP on SMEs' Growth: The Story of WeWALK
Güldeniz Doğan Alkan from Gün + Partners and Kürşat Ceylan from WeWalk discussed the significant role of IP on SMEs’ growth: the story of WeWalk. https://youtu.be/n9IKxDlT3CY
Turkey Legal Update October edition published
"The October edition of Gün + Partners Turkey Legal Update, which aims to brief our community and clients about legal developments in Turkey, is launching today. This month we provide legal updates on arbitration with Turkish parties based on contracts that are not written in Turkish, penalty clauses in fixed term employment contracts, Courts of Appeal’s recent decision on determination of non-infringement actions regarding patent rights, and recent decision on having…
Barış Kalaycı Spoke at the Transparency International Turkey Meeting
Barış Kalaycı, partner in our anti-counterfeiting practice, spoke on trademark crimes and money laundering at the Combatting Illicit Trade and Informal Economy Report Launch Meeting by Transparency International Turkey.
Webinar: Modern Disputes Management and Arbitration for Competitive Economies
Istanbul Arbitration Association and a panel of global experts discussed the ways in which modern dispute management processes can be improved and the role arbitration can play in resolving legal cases.
We Are Delighted Our Lawyers Have Been Recognised as Mondaq Thought Leading Authors
We are delighted our lawyers have been recognised as Mondaq Thought Leading Authors for below categories in Mondaq Autumn 2022 awards. Intellectual Property: Neither A Compulsory License Nor An IP Waiver Is The Solution To Finding Or Accessing The Vaccine Data Protection: Audit Standards For Information Security Processes Arbitration & Dispute Resolution: Effective Date Of Additional Obligations On Consumer Protection Approaches Mondaq Autumn 2022 Thought Leadership…