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IHL Legal Briefings

If your firm wishes to publish IHL Legal Briefings or articles, please contact Antony Dine on +44 (0) 207 396 9315 or antony.dine@legalease.co.uk

A Comparison Between EU Directive 95/46/EC and Data Protection Legislation in Turkey

October 2016. By ELIG, Gönenç Gürkaynak, and İlay Yılmaz

Turkey's newly enacted Law on Protection of Personal Data (DP Law) is based on EU Directive 95/46/EC (the Directive). Although the DP Law is mainly based on the Directive, it is not identical and it differs from the Directive in certain points. The main difference between the Directive and the DP Law is that Directive focuses on the act of processing personal data rather than the parties to such processing, whereas the DP Law mainly provides rights and imposes obligations on the parties of a data processing act. [Continue Reading]

Legal Developments by:
ELIG, Attorneys-at-Law

  • DOJ Makes the Pilot Program Permanent and Announces FCPA Corporate Enforcement Policy

    The US Department of Justice ("DOJ") had announced a pilot program [1] ("Pilot Program") on April 5, 2016, which created new mitigation opportunities for companies that (i) voluntarily self-disclosed, (ii) cooperated fully, and (iii) took timely and appropriate remedial actions in FCPA matters that fell within the Fraud Section's mandate. The Pilot Program was to remain in effect for 1 year, starting from the day of its announcement. On March 10, 2017, the Acting Assistant Attorney General, Kenneth A. Blanco, announced in a speech that the Pilot Program would continue in full force until the DOJ reached a final decision on whether to extend it, and what revisions, if any, should be made to it. [2] The evaluation period of the Pilot Program ended on November 29, 2017, when Deputy Attorney General Rod Rosenstein announced the new FCPA Enforcement Policy ("Policy"), which effectively makes the Pilot Program permanent with some revisions. According to Deputy Attorney General Rosenstein, the FCPA Unit received 30 voluntary disclosures during the time period that the Pilot Program was in force, as opposed to 18 voluntary disclosures that were received during the previous 18-month period. The Policy has been incorporated into the United States Attorneys' Manual in order to "be readily understood and easily applied by busy prosecutors" as opposed to being promulgated in memorandum format. [3]
    - ELIG, Attorneys-at-Law

Legal Developments in Turkey

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