Mandatory Mediation Under Turkish Labor Law
I. Introduction An alternative dispute resolution method is expected to be introduced in Turkey shortly through the Draft Law on Labor Courts ("Draft Law"). The purpose of the Draft Law is to bring a functional and an effective judicial procedure for labor conflicts via mandatory mediation and to replace the current regulations.
Recent Developments and Legal Landscape on Procurement of Medicines from Abroad
I – Introduction and Recent News on the Assignment of the Duties to Social Security Institution In Turkey, import and sale of medicines are subject to licensing requirements of the Ministry of Health ("Ministry"). The principle is that medicines which are not licensed in Turkey cannot be put on the Turkish market. "Procurement of medicines …
Continue reading “Recent Developments and Legal Landscape on Procurement of Medicines from Abroad”
Violation of a Constitutional Right on the Internet: Protecting the Right to Privacy
The Turkish Constitutional Court recently decided that the right to privacy can be violated on the Internet. The court's decision numbered 2014/16701 ("Decision") was delivered on October 13, 2016 and concerned a military officer's dismissal from the Turkish Armed Forces ("TAF"). The ground of the dismissal was that the officer's private life is not suitable …
Turkey Amends its Advertisement Regulation
Turkey's main regulation regarding advertisements, the Regulation on Commercial Advertisement and Unfair Commercial Practices ("Regulation") was amended with another regulation published on the Official Gazette of 4 January 2017, effective immediately. Those who advertise their products and services, advertisement agencies and the media that publishes such advertisement should abide by the Regulation.
2016 FCPA Enforcement Actions and Highlights
Overall, this was a more active year for FCPA enforcement actions when compared to 2015. This year, Department of Justice ("DOJ") took a total of 10 enforcement actions and Securities and Exchange Commission ("SEC") took a total of 25 enforcement actions. Like last year, SEC is more active than DOJ, in terms of numbers of …
Continue reading “2016 FCPA Enforcement Actions and Highlights”
Regulation on Processing and Protecting the Privacy of Personal Health Data
The Regulation on Processing and Protecting the Privacy of Personal Health Data ("Health Data Regulation") has recently been published on the Official Gazette, on October 20, 2016 and came into force on the same date. This regulation is not only applicable to the health institutions and the data subjects whose personal data is processed, but …
Continue reading “Regulation on Processing and Protecting the Privacy of Personal Health Data”
DEVELOPMENTS ON COASTAL INVESTMENTS: New Communiqué on National Estate No. 373
Introduction On October 8th 2016, the General Communiqué on National Estate No. 373 (“Communiqué”) has been published on the Official Gazette. The Communiqué governs principles regarding easement right and/or right of usage to be granted to financers for them to construct marinas, landing stages, piers and berths on state-owned or treasury lands. The Communiqué brings …
Continue reading “DEVELOPMENTS ON COASTAL INVESTMENTS: New Communiqué on National Estate No. 373”
Transparency International Publishes 2016 Corruption Barometer for Europe and Central Asia
Transparency International ("TI") has published its regional Corruption Barometer for Europe and Central Asia ("Report") on 16 November 2016.
Turkey’s request for consultations against Morocco’s anti-dumping measures
I Background In September 2014, following an anti-dumping investigation period, Morocco has imposed an 11 % tax duty against Turkish hot-rolled steel exporters which has created fuss in Turkish hot-rolled steel market and exporters. Upon Morocco's anti-dumping measures on hot-rolled steel, in October 2016, Turkey has filed a "Request for Consultations" against Morocco …
Continue reading “Turkey’s request for consultations against Morocco’s anti-dumping measures”
Recent Developments in the Anti-Corruption Regulations in France and Germany
Since the enactment of the Foreign Corrupt Practices Act ("FCPA") on 1977, USA has been the leading the international fight against corruption. FCPA sets forth a standard for other jurisdictions in its extraterritorial and rigorous enforcement of its rules and regulations against corruption. In addition, OECD Convention on Combatting Bribery of Foreign Public Officials in …
Continue reading “Recent Developments in the Anti-Corruption Regulations in France and Germany”