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The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.

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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Turkey Regulates Broadcasting Services Provided Through the Internet

I. Introduction

Turkey recently enacted an amendment to the Turkish radio and television legislation that will regulate radio, television and on-demand broadcasts provided through internet and have these services and their providers (media service providers and platform operators - please see their definitions under II) under the supervision and authority of the Radio and Television Supreme Council ("RTUK"). The amendment entered into force on March 28, 2018. Providers of radio, television and on-demand services through internet and platform operators transmitting these broadcasts will need to obtain a license from the RTUK as of this date.

Turkey Regulates Broadcasting Services Provided Through the Internet

I. Introduction

 

Turkey recently enacted an amendment to the Turkish radio and television legislation that will regulate radio, television and on-demand broadcasts provided through internet and have these services and their providers (media service providers and platform operators – please see their definitions under II) under the supervision and authority of the Radio and Television Supreme Council (“RTUK”). The amendment entered into force on March 28, 2018. Providers of radio, television and on-demand services through internet and platform operators transmitting these broadcasts will need to obtain a license from the RTUK as of this date.

Guide Yourself to Explicit Consent: Article 29 Working Party’s Updated Opinion

I. Introduction

The Working Party on the Protection of Individuals with regard to the Processing of Personal Data ("Working Party") which is established as per the Directive 95/46/EC of the European Parliament and of the Council of October 24, 1995 ("EU Directive") updated their opinion on consent under General Data Protection Regulation ("GDPR") which will be effective on May 28, 2018.

The GDPR evolved the concept of consent under the EU Directive and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 Concerning the Processing of Personal Data and the Protection of Privacy in the Electronic Communications Sector ("E-privacy Directive) by providing further clarification and specification of the requirements for obtaining and demonstrating valid consent. The Working Party's opinion of November 28, 2017 mainly focuses on this evolution and sheds more light onto EU Directive - GDPR - Turkish Data Protection Law ("Law No. 6698") triangle. Law No. 6698 is based on the EU Directive, whereas its consent related provision for processing personal data is adopted from the GDPR. Hence the updated opinion answers most of the questions raised by Turkish companies during their compliance processes.

Regulation on Erasure, Destruction or Anonymization of Personal Data

Regulation on Erasure, Destruction or Anonymization of Personal Data: First Prong of the Secondary Legislation

I. Introduction

The Regulation on Erasure, Destruction or Anonymization of Personal Data ("Regulation") is published on the Official Gazette of October 28, 2017 and will enter into force as of January 1, 2018. Regulation has been issued based on Article 7 of the Law No. 6698 on Protection of Personal Data ("DPL"). The article stated that personal data shall be erased, destroyed or anonymized by the data controller ex officio or upon the demand of the data subject, in the event that the reasons for which it was processed are no longer valid but left the principles and procedures regarding erasure, destruction and anonymization of personal data to be determined by a regulation. The regulation was issued later then contemplated by the DPL, as the DPL provided that all regulations will be put into force by the Personal Data Protection Authority ("Authority") within a year as of publication of the law (i.e. until April 7, 2017).

Data Controller or Data Processor?

Data Controller or Data Processor?

How to Interpret Two Core Definitions of Data Protection Legislation

Companies and individuals may face difficulties in determining which one of the definitions they fall under and whether they or the ones they are working with have data protection responsibility. Interaction between these two concepts is of paramount importance, as it imposes obligations in terms of liability. This piece aims to inform companies involved in the processing of personal data to be able to determine whether they are or the third parties they work with are acting as a data controller and/or as a data processor under Turkish data protection legislation.

Processing Personal Data Based on Legitimate Interest: A Comparison of Turkish Data Protection Law

Processing Personal Data Based on Legitimate Interest: A Comparison of Turkish Data Protection Law, the Directive 95/46/EC and the GDPR 

Turkey's first and only law specifically dedicated to data protection and privacy, the Law No. 6698 on Protection of Personal Data ("Law No. 6698"), came into force on April 7, 2016 with certain transition periods. The Data Protection Board has been formed, but is not yet functioning. The secondary legislation is still pending, although certain sector-specific regulations have been put in place, and is expected to be completed by April 7, 2017.

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 for TAF's ethical code of conduct and this information was provided from the images which were broadcasted on the Internet.  The officer ("applicant") individually applied to the Turkish Constitutional Court claiming that the principle of proportionality was not considered in the dismissal and his right to privacy was violated since the evidence is obtained unlawfully.  

ABOUT THE TURKISH LAW ON PROTECTION OF PERSONAL DATA

Turkey adopted a new regulation for personal and private data protection. 

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 also covers real persons and legal entities who process health data within the scope of a legislation. Therefore, all companies processing health data for reasons such as employment procedures, periodic inspection or due to obligations arising from social security legislation will be subject to the provisions of the Health Data Regulation.

Comparative approach to general principles of processing personal data

Law 6698 on the Protection of Personal Data came into force on April 7 2016 and applies to:

  • real persons whose personal data is processed; and

  • real persons and legal entities that process personal data.

Therefore, defining the actions and main actors involved in the processing of personal data is key to understanding the law's general scope.

Comparative approach to general principles of processing personal data

Introduction

Law 6698 on the Protection of Personal Data came into force on April 7 2016 and applies to:

  • real persons whose personal data is processed; and

  • real persons and legal entities that process personal data.

Therefore, defining the actions and main actors involved in the processing of personal data is key to understanding the law's general scope.

Exemptions under Data Protection Law

The Data Protection Law came into force on April 7 2016. It applies to:

  • real persons whose personal data is processed; and
  • real persons and legal entities that process such data (wholly or partly) by automatic means or as part of a data filing system by non-automatic means.

Therefore, the general scope of the law is broad and similar to the EU Data Protection Directive (95/46/EC).

Cross-border data transfer rules under Data Protection Law

The Data Protection Law, Turkey's first dedicated general data protection law, was published in the Official Gazette on April 7, 2016. 

Comparison of Turkish Data Protection Law with EU Directive 95/46/EC

Turkey's newly enacted Law on Protection of Personal Data ("Law") is based on EU Directive 95/46/EC ("Directive") on protection of individuals with regard to the processing of personal data and on the free movement of such data. Although the Law is mainly based on the Directive, it is not identical and it differs from the Directive in certain points.

Data Protection Update: Data Protection Law is Approved by the Turkish Grand National Assembly

The Law on Protection of Personal Data ("Data Protection Law"), which is mainly based on Directive 95/46/EC, is approved by the Turkish Grand National Assembly ("TGNA") on March 24, 2016. Data Protection Law will now be sent to the President for approval and publication. The President will have fifteen (15) days to publish the law approved by the TGNA, unless he has any objections that compel him to return the law to TGNA for reevaluation.

Data Protection Update

Data Protection Update: The Law on Ratifying the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe is published in the Official Gazette

Comparative Advertising Is Postponed In Turkey

The effective date of the regulation, subject to our article published in November 2015 titled "Turkey Green-Lights Comparative Advertising", which will allow using components related to competitors' goods, trademarks, trade name and services in the advertisements in Turkey is postponed to the end of 2016.

Turkey Update: Protecting Personal Data of E-Commerce Consumers in Turkey

Data protection is an important key to maintain the consumer's trust to e-commerce environment. E-Commerce Law and two secondary legislations based on the foregoing law are introduced in Turkey in 2015. Recent e-commerce consumer reports show that data protection and security concerns are known to be the most significant concerns of consumers, keeping them away from online sales.

Turkey Green-Lights Comparative Advertising

At the beginning of 2015, Turkish Ministry of Customs and Trade issued a new regulation on the principles and procedures pertaining to advertising and abrogated and replaced the outdated regulation of 2003. The regulation ended the prohibition for comparative advertising and included a provision which allows using components related to competitors' goods, trademarks, trade name and services in the advertisements. This provision will enter into force January 10, 2016. The comparative advertising by indicating the competitors' names, trademarks, logos and titles will be legal in Turkey and this may yield to brand new legal disputes between competitors regarding their advertisements.

How to Build a Legitimate Commercial Electronic Communication Structure

How to Build a Legitimate Commercial Electronic Communication Structure: Shedding Light unto Dark Spots of the Legislation

Recent legislative updates on commercial electronic communications changed the whole commercial e-communication structure between the companies and customers in Turkey. E-commerce Law (i.e. Law on Regulation of Electronic Commerce) and its Regulation (i.e. Regulation on Commercial Communication and Commercial Electronic Communications) are enacted consecutively, and they introduced strict processes for businesses. Aim of this piece is to highlight main weak spots and disorienting points of the Regulation, guide companies on how to proceed in a manner to balance the rights of consumers and protect their business structure, and bring a clear legal understanding on the debated matters.

Another Patchwork Amendment to Turkish Internet Law

There has been a new amendment to the recent legislative proposal ("Proposal") on amendment to the Law No. 5651 on Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts ("Law No. 5651"), which is known as "Internet Law". The amended Proposal is submitted to the Turkish Grand National Assembly ("TGNA") on January 23, 2015.

Domain Name Regulations in Turkey and in Singapore

In an era characterized by the growth of the activities developed through internet, it is essential that coherent and complete systems organizing domain names are established. In this perspective, it is interesting to analyze how different countries regulate the domain names relying on their ccTLDs. This brief aims to compare regulations regarding domain names both in Turkey and in Singapore. 

 

A Comparison of the Legal Use of Electronic Signatures in the U.S.A. and in Turkey

In response to the rapid growth of electronic commerce, as well as the wide-spread use of email, fax, and online resources in the negotiation of contracts, the United States Congress enacted ESIGN in 2000 (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 - 7006, (2012)).  The same changes caused the Türkiye Büyük Millet Meclisi (Turkish Parliament) to enact the 'Elektronik İmza Kanunu' (Electronic Signatures Law - EIK) in 2004.  SeeElektronik İmza Kanunu, Law No: 5070, Published in the Official Gazette on 14 Oct. 2004, No. 253551, adopted 15 Jan. 2004.

Client Alert: NEW POSTAL SERVICES LAW NUMBERED 6475

The New Postal Services Law Numbered 6475 ("Law") has been published in the Official Gazette dated May 23, 2013 and numbered 28655. The Law aims to liberalize and thereby establish a strong, stabilized and transparent postal services sector within Turkey.

Understanding Search Engines: A Legal Perspective on Liability in the Internet Law Vista

This contribution discusses the legal dimension of search engines in an Internet law context, through both a global lens and a Turkish perspective. This paper introduces search engine liability in the growing Internet industry and the role of search engines in distributing and disseminating information. Next, this paper considers a global perspective on the legal dimension of search engines from United States case law, United Kingdom case law, and other European courts and legislation. This contribution then discusses the liability of search engines in the Turkish legal context. The conclusion provides an overall evaluation of the current status of search engine liability and prospective on its potential development.

A NEW REGULATION IN TURKEY: ADVERTISING ACTIVITIES FOR MEDICINAL PRODUCTS

The long awaited Regulation on Advertising Activities for Medicinal Products, published in the Official Gazette No: 28037 dated 26.08.2011 (the “New Regulation”), has replaced the former Regulation of 23.10.2003 (the “Regulation”). The rationale behind this change was a Council of State decision issued on 14.12.2005 and which annulled most of the provisions in the Regulation concerning the advertisement of pharmaceuticals to the public.

LAW ON THE ESTABLISHMENT AND BROADCASTING SERVICES OF RADIO AND TELEVISION ENTERPRISES IN TURKEY

NEW LAW ON THE ESTABLISHMENT AND BROADCASTING SERVICES OF RADIO AND TELEVISION ENTERPRISES BRINGS SIGNIFICANT CHANGES INTO TURKISH MEDIA SECTOR

Introduction
The Law on the Establishment and Broadcasting Services of Radio and Television Enterprises was published in the Official Gazette on 03.03.2011 (the “RTUK Law”) and replaced its previous version dated 13.04.1994 (the “Old Law”). This article aims to provide a brief overview of the main changes introduced by the RTUK Law. With the entry into force of this new legislation, the Turkish media sector is expected to become an even more accessible and attractive target area for foreign and domestic investors.

TURKISH ENERGY LAW

Energy consumption has increased both globally and domestically because of population growth. Activity in the energy sector has accelerated in our country, as well as in the world, in order not to have difficulties in energy supplies as a result of this increase in demand.

Commitment to Liberalize Communications

Since the beginning of 2007, the Telecommunications Authority ("Authority") and the Ministry of Transportation have stepped up the pace of their studies and regulatory activities. The Authority has issued further regulations that are important to the liberalization process by enhancing competition in this vibrant market. Although the Electric Communications Law, which is the telecommunication sector's landmark legislation, is still under review, secondary legislation is steadily evolving towards compliance with the European Union's Acquis Communitaire. 

Documentaries To Be Shown as Punishment for Breach of TV Law

The Radio and Television Supreme Council has imposed a 12-programme suspension penalty on a highly rated entertainment programme for a breach of the Law on the Establishment and Telecast of Radio and Television. Under the law, the suspended programme must be replaced with documentaries chosen from a list provided by the state-owned broadcaster.

Court Increases Liability for Breaches of Online Banking Security

 

A recent groundbreaking decision of the Court of Appeal made headlines by finding a well-established Turkish bank liable for damages as a result of online theft by hackers. The decision sets an optimistic precedent for victims of online banking theft in Turkey.

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