Turkish Constitutional Court’s Latest Decisions on Freedom of Expression in Social Media
Turkish Constitutional Court recently granted two remarkable decisions on November 19, 2019 and on November 28, 2019 regarding individual applications claiming violation of the applicants’ freedom of expression. The decisions have been published in the Official Gazette respectively on December 24, 2019 and on January 3, 2020. In both decisions, the Constitutional Court accepted the …
Quarterly Update on Trade Defense Cases In Turkey (2019 – 4th Quarter)
The authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, has been given from the Ministry of Economy to the Ministry of Trade (“Ministry”). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.
Turkey Introduces a Centralized System for Electronic Marketing Communications
Recent amendments to the Turkish legislation regarding electronic marketing communications introduced a centralized management system for obtaining, exercising and tracking the opt-in/opt-out requests as well as complaints of the recipients of electronic commercial communications. Service providers sending electronic commercial communications to customers will need to register with this new centralized management system, and notify and/or …
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Dismissal of Board Members in Turkey
Dismissal of the board members of a joint stock company is regulated under the Turkish Commercial Code numbered 6102. According to Article 408/2 of the TCC, general assembly of shareholders is granted with the sole power to appoint and dismiss board members.
Legislative Proposal to Amend Law No. 6493 on Payment Services and Electronic Money
The Legislative Proposal on Amending the Law No. 6493 on Payment and Security Systems, Payment Services and Electronic Money Institutions (“Proposal”), has recently been submitted before the Grand National Assembly of Turkey.
Data Breach Notification Obligation In Light of Turkish Data Protection Authority’s Recent Decision
There is no specific definition of “data breach” under the Turkish data protection law (“Turkish DP Law”). However in terms of notification obligations, “illegal seizure of or access to personal data” is considered as a data breach.
Turkey: Special Purpose Acquisition Companies
Special Purpose Acquisition Companies ("SPAC"), which are incorporated to achieve the purpose of investing and merging with a non-public company, were first introduced in the United States in 1990s and recently increased its popularity globally. Unlike other countries, SPACs entered into Turkish legal system relatively late with the Communiqué on Common Principles Regarding Significant Transactions …
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Communiqué on Equity Crowdfunding Is Officially Published
By way of background, in January 2019, the Capital Markets Board (“CMB”) had issued an announcement on its website on the Draft Communiqué on Equity Crowdfunding[1]. The CMB has now officially published the Communiqué on Crowdfunding No. III-35/A (“Communiqué”), on October 3, 2019. The Communiqué entered into force as of October 3, 2019.
Quarterly Update on Trade Defense Cases inTurkey (September 2019)
The authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, has been given from the Ministry of Economy to the Ministry of Trade (“Ministry”). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.
Turkey signs the Singapore Convention: A New Era in Enforceability of Mediation Agreements
Turkey signs the Singapore Convention: A New Era in Enforceability of Mediation Agreements in Foreign Countries The mediation procedures have become a mandatory stage of commercial litigations in Turkish Law as of January 01, 2019. After only 4 months of practice, it appears that the success rate of mandatory mediation procedures is %65, according to …