The Legal 500

Legal Developments in Turkey

• Garden Leave under Turkish Labor Law

    1.         Introduction
  - ELIG Gurkaynak Attorneys-at-Law

• Mert Karamustafaoglu has been promoted as Partner and Competition & Compliance Leader

  We are very proud of announcing that Mert Karamustafaoglu has been promoted as Partner and Competition & Compliance Leader, as of January 1, 2019.
  - Erdem & Erdem Law Office

• Nezihe Boran Demir has been promoted as Managing Associate

  We are very proud of announcing that Nezihe Boran Demir has been promoted as Managing Associate, as of January 1, 2019.
  - Erdem & Erdem Law Office

• Transfer of Türk Telekom Shares owned by OTAS is completed

  Within the scope of the restructuring of the loans obtained by Ojer Telekomünikasyon A.Ş. (OTAŞ) in 2013 and 2014, the transfer of the shares owned by OTAŞ, representing 55% of Türk Telekomünikasyon A.Ş.’s (Türk Telekom) issued share capital by a special purpose vehicle  incorporated directly or indirectly by the creditors was completed on 21 st  of December, 2018.
  - Erdem & Erdem Law Office

• Turkish DPA Warns with Principle Decision on Promotional Communications

  On November 1, 2018, Personal Data Protection Board ("Board"), acting under the Personal Data Protection Authority, published its principle decision with number 2018/119 in the Official Gazette, which then corrected on November 7, 2018 ("Decision"). Board's Decision is regarding prevention of promotional notifications, e-mail messages, text messages and calls that data subjects might receive from data controllers and data processors.
  - ELIG Gurkaynak Attorneys-at-Law

• Quarterly Update on Trade Defense Cases in Turkey (December 2018)

  In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio , is given 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.
  - ELIG Gurkaynak Attorneys-at-Law

• Capital Markets Board Announces the Draft Communiqué on Crowdfunding

  In September 2018, the Capital Markets Board (" CMB ") had issued an announcement on its website, declaring that a secondary legislation for crowdfunding was underway.
  - ELIG Gurkaynak Attorneys-at-Law

• Turkey Aligns its Medical Device Regulation with the EU Regulation

  In May 2017, Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices (" EU Regulation ") entered into force, stipulating a transition period for medical device manufacturers to comply with the EU Regulation by May 2020.
  - ELIG Gurkaynak Attorneys-at-Law

• Opinion of the Court of Cassation on the Contention of Expert Opinion and Expert Report

  The notion of Expert Opinion, which entered into our law through the Code of Civil Procedure ("CCP"), has been a frequently resorted to method of helping to resolve disputes by the parties in our judicial system over the course of time...
  - Erdem & Erdem Law Office

• Arrest of Ships under Turkish Law

  The general principles on maritime enforcement are set out in Turkish Commercial Code ("TCC") numbered 6102. On the other hand, Turkey has ratified the International Convention on Maritime Liens and Mortgages, signed in Geneva on 6 May 1993 and the International Convention on the Arrest of Ships, signed in Geneva on 12 March 1999 and both conventions have been come into force on 25 March 2017. The provisions of these two conventions have already been taken into consideration by the drafting committee of the code, and the relevant provisions have been incorporated into the TCC in preparing the same. This newsletter reviews the principles and provisions stipulated in the TCC for the arrest of ships.  
  - Erdem & Erdem Law Office