Av. Ali Yurtsever Personal Data Processing & LPDP The legal landscape surrounding digital data has been steadily changing and evolving over the years. The overall pace of this change increased with Europe’s implementation of the GDPR, which pushed other countries to adapt to this new set of rules and regulations. To keep up with the…
Av. Ali Yurtsever The Law on Personal Data Protection With the implementation of the Law on Personal Data Protection No. 6698 (‘the LPDP’), new rules and obligations were imposed on data controllers and data processors. The LPDP further stipulated serious monetary fines and prison sentences to those who violate these obligations. Unfortunately, most data controllers/processors…
Av. Ali Yurtsever I. Legal Standing of Foreign Academics in Turkey The legal standing of academic personnel (and foreign academics) employed in universities have been the subject of long-standing debates, mainly due to the conflicting decisions and precedents issued by the higher courts (Court of Appeals and the Council of State). The main issue with…
Av. Ali Yurtsever I. Legal Standing of Distributorship Agreements Distributorship agreements do not have a clear definition under Turkish law and are therefore a complex and unique type of agreement. They can be generally defined as agreements allowing for the distribution of produced goods to customers and end users, where the manufacturer of a specific…
Ali Yurtsever With the implementation of the Law on the Protection of Personal Data No. 6698 (LPPD) and its secondary regulations, the Data Protection Authority (DPA), tasked with monitoring violations of LPPD obligations, have started to impose administrative fines to persons and/or companies violating their obligations set forth at the LPPD. Although Article 18 of…
Ali Yurtsever As a result of technological innovation and the exponential increase in online content marketing, commercial electronic messages (CEMs) are being used by a majority of individuals and companies for marketing their brands, products and or service. In an effort to regulate these activities, Turkey introduced the Law Regulating the Electronic Commerce No. 6563…
Ali Yurtsever Data Protection Board recently issued a new decision and fined Amazon Turkey 1.100.000 TRL for violations of data protection and e-commerce legislation, and for unlawful cross-border data transfers especially for data transfers to its overseas affiliates. Moving forward, the decision will have serious ramifications regarding data transfers in Turkey, and in order to…
Ali Yurtsever DRUG CRIMES IN TURKEY Unlike some EU countries, Turkey has a rather strict drug policy, where even illegal drug possession, including cannabis/marijuana, is considered as a punishable offense. In Turkey, almost all drugs are considered illegal and there is no legislation that allows the medical use of any non-pharmaceutical drugs. The main legislation…
LEGAL EFFECTS OF COVID-19 ON RENT PAYMENTS AND EMPLOYMENT Ali Yurtsever I. OVERVIEW The novel coronavirus (SARS-CoV-2) and the Covid-19 disease it is causing are having an unprecedented impact on business and commercial activities all around the world. The pandemic has also reached Turkey and effectively paralyzed the industry and nearly all commercial activities, except…
A new decision from the Immigration Authority regarding touristic residence permit extensions was published on December 2, 2019 at the Immigration Authority’s website. According to this decision and the subsequent announcement, the Authority is changing its review process for applications of touristic residence permit extensions, starting January 1, 2020. With the new review process, the…
Ali Yurtsever OVERVIEW In the previous parts of the corporate law and share transfers series, we reviewed the general rules and procedures relating to share transfers in joint stock companies (JSC) and the role of company share ledgers in such transfers. The third part of the series will focus more on the possible restrictions that…
As part of our share transfer and corporate law series, we already analyzed the rules and procedures of share transfers in Joint Stock Companies (Part-I) and the role of share ledgers in such transactions (Part-II). Due to the complex nature of these transactions, we also created an infographic in order to make the information more…
THE ROLE OF COMPANY SHARE LEDGERS IN SHARE TRANSFERS IN TURKEY Ali Yurtsever I. OVERVIEW In Part-I of the corporate law and share transfer series, we reviewed the general rules and procedures relating to share transfers in joint stock companies (JSC) in Turkey. Although the general procedures were reviewed in detail for all types of…
SHARE TRANSFERS IN JOINT STOCK COMPANIES Ali Yurtsever OVERVIEW Share transfers in Joint Stock Companies in Turkey can be a quite complex subject due to the numerous rules and procedures governing transfer transactions. Joint Stock Companies, noted as “Anonim Şirket” in Turkish (JSC), are a type of capital company provided for by the Turkish Commercial…
Establishing a Company in Turkey Ali Yurtsever I. OVERVIEW There are relatively few capital restrictions imposed upon businesses in Turkey, and although the formation procedures can be quite complex, foreigners are allowed to freely invest in businesses and are even allowed to have full/sole ownership of a capital company. Since it is fairly…
Ali Yurtsever I. OVERVIEW There are two separate systems provided in the Turkish Labor Law (the Law) for the termination of employment contracts. The first system is noted as the ‘freedom of termination’ (Art. 17), which essentially means that the employer is free to terminate employment contracts as it deems fit, provided that the…
Ali Yurtsever I. OVERVIEW Debt collection procedures in Turkey can be quite complex and can take a lot longer on average than most EU countries. The complexities arise from the lack of transparency and visibility within the domestic market along with the complex nature of legal proceedings for debt collection and the associated costs…
Emir Aksoy LL.M, LL.M. IP On a broader sense Due Diligence means the assessment of a company by a prospective buyer through an investigation and analysis of a target company. In this Article our aim is to provide an overview on how to draft a due diligence report (hereinafter referred as “DD”) and with a…
Emir Aksoy LL.M, LL.M. IP The European Parliament’s decision to approve the new EU Copyright Directive on 26 March 2019 saw huge protests and demonstrations against this directive. The main focus of these protests was Article 17, the so called “Upload Filter”, which aims to force tech giants like Google, YouTube, Facebook etc. to change…
Ali Yurtsever I. OVERVIEW Turkey has a rather strict policy regarding foreign employment where the application procedures are tied to numerous criteria. It should be noted that the regulations regarding the work permit applications are quite complex and although the main regulation regarding work permits is the International Labor Law No. 6735 (the Law), most…
Biometric Data Usage for Security and Shift Checks of Employees and in the Medical Sector Ali Yurtsever I. OVERVIEW Personal data protection was a controversial topic in Turkey for many years, mainly due to the European Union ascension procedures. Although Turkey signed and is therefore a party to the European Union Treaty No. 108…
Emir Aksoy LL.M., LL.M. IP Turkey is a member to the WIPO and is a signatory to the major Intellectual Property related Agreements including Paris Convention, Patent Cooperation Treaty, Berne Convention, Trademark Law Treaty Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks and as well as TRIPS Agreement. Until January 10, 2017,…
Emir Aksoy LL.M., LL.M. IP Confidentiality Agreements or also known as Non-Disclosure Agreements (NDAs) are often used between companies in order to protect their confidential information, developed technology, know-how and/or trade secrets that might be given to the receiving party during their interaction. The general industry practice is to keep these NDA’s as short as…
Banning/Blocking Access to Certain Websites Ali Yurtsever I. OVERVIEW Turkey’s first foray into the Internet was back in 1993, which is when the country was first included within the global network which we now call the internet. The first years saw very limited adoption and usage due to the poor infrastructure of the country…
Turkish Citizenship Applications Based on Real-Estate Investments Ali Yurtsever I. OVERVIEW Until the recent framework changes, Turkey had a very strict policy when it came to granting citizenship to foreigner, and especially did not grant Turkish citizenship based on any kind of investment. The reasons for such strict policy vary, although it is widely…
Av. Ali Yurtsever I. GENEL DEĞERLENDİRME Günümüzde taşınmaz mülkiyetine ilişkin en çok karşılaşılan sorunlardan biri miras yoluyla kazanılan taşınmazların yeni maliklerce bilinmemesi/tespit edilememesi, tapu kaydına yeni malikin kaydedilmesi veya söz konusu taşınmazların maliklerce tamamen unutulmuş olması ve bu taşınmazların üçüncü kişiler tarafından izinli veya izinsiz olarak uzun yıllar boyunca kullanılması ve değerlendirilmesi…
Genel Değerlendirme Türkiye Dünya Ticaret Örgütüne üye ülke olarak, yerel Pazar ve endüstrilerini haksız rekabete ve dolayısıyla yerli üreticileri zarara uğratabilecek olan yabancı ihracatçıların “haksız” ticaret uygulamalarına karşı korumaları için gerekli önlemleri alma imkanı tanımaktadır. Dampingli ihracat, söz konusu haksız ticaret uygulamalarından biri olup, dampingli ihracatlara karşı ticaret politikası savunma aracı olarak yerel üreticilere anti-damping…
