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Distributorship Agreements Under Turkish Law

The Intricacies and Legal Implications of Distribution Agreements in Turkey II. Legal Provisions Applicable to Distributorship Agreements Since distributorship agreements are not regulated or otherwise recognized under separate provisions within the legislation, determining the applicable legal provisions and clauses to these agreements can sometimes be challenging. As it stands, clauses and provisions applicable to distributorship agreements are determined by way of interpretation and reference of other laws as gap-fillers. To illustrate this with an example, […]

INTELLECTUAL PROPERTY (IP) STRATEGY FOR START-UPS

Identifying & Prioritizing IP Rights To ensure that intellectual assets are well protected, a startup should first thoroughly analyze its business plan, strategy and products, and effectively identify each possible IP right/class that it needs to register. This is crucial as a failure to anticipate a future development may result in an unregistered IP right, which may result in loss of profits from a specific product in the future. So, every possible IP right of […]

Appeals Against Administrative Fines

How to Appeal Against Administrative Fines Imposed by the Turkish Data Protection Authority Av. Ali Yurtsever L.L.M Legal Standing of the Administrative Fines Imposed by the DPA According to Article 22 of the LPPD, the DPA is authorized to impose administrative sanctions to those who violate the obligations set forth at the LPPD. Whereas the sanctions applicable to such violations is noted at Article 18 of the LPPD, titled “Misdemeanors”. Although the sanctions are listed at […]

Commercial Electronic Messages

Commercial Electronic Messages and Message Management System Registration Process Av. Ali Yurtsever L.L.M Commercial Electronic Message Definition and Obtaining Approval Commercial electronic message is defined in Article 2 of the Law and Article 4 of the Regulation. In accordance with both articles, commercial electronic message is “ a message containing data, audio and video content sent for commercial purposes and carried out in electronic environment using means such as telephone, call centers, fax, automatic dialing machines, smart voice […]

Cross-Border Data Transfers in Turkey & Effects of the Data Protection Board’s Amazon Turkey Decision

Av. Ali Yurtsever L.L.M Transfer of Personal Data to Third Parties Personal data transfers to third parties are quite restrictively regulated under the LPPD (similar to provisions in the GDPR). Article 5 of the LPPD clearly states that data controllers cannot transfer personal data to third parties without the explicit consent of the data owner except for the circumstances set forth at Article 5/2 and 6/3. Article 9 further states that cross-border data transfers are forbidden unless […]

DRUG POSSESSION AND CRIMINAL PENALTIES IN TURKEY

I. 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 and the provisions concerning illegal drugs are set forth at the Turkish Penal Code No. 5237 (TPC), and although the law does make a distinction […]

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Digital Services Tax Introduced in Turkey

Digital Services Tax Definitions and Applicability With the publication of this law, Turkey aims to tax the digital services. Digital services tax is determined as an indirect tax and is deductible from income/corporate tax bases. According to Article 52 of the Law, digital services tax duty will start to be applied from the beginning of the third month following the enactment of the law. Following digital service providers in Turkey will be affected from the Law: a) […]

COVID-19 LEGAL GUIDELINE FOR COMPANIES IN TURKEY

LEGAL EFFECTS OF COVID-19 ON RENT PAYMENTS AND EMPLOYMENT Av. Ali Yurtsever L.L.M II. RENT PAYMENTS FOR OFFICE SPACES a. Brief Review of Legislative Amendments Following the closing down of certain businesses with the above noted mandate, one of the first legislative changes introduced was about office rent payment obligations, which constitutes a significant portion of company expenditures for certain businesses, especially for small and medium sized businesses. According to the Provisionary Article 2 of the […]

New Decision From Immigration Authority Regarding Touristic Residence Permits

However, as mentioned above, this new review process and restriction of extension for touristic permits does not apply to all foreigners, as certain countries are exempted from the new process. According to the decision of the Immigration Authority, the new rule shall not be applicable to citizens of countries members to the European Union and the OECD, along with Russian and Chinese citizens, and foreigners from these countries may continue to apply for an extension […]

Infographic On Acquisition Of Turkish Citizenship By Investment

This infographic provides a visual summary of acquisition of Turkish citizenship by investment procedures and the contents are examined in detail in our relevant articles and aims to help our clients better understand the complexities of the procedures involved.