Güner Law Office > Istanbul, Turkey > Firm Profile

Güner Law Office
Levent Caddesi Alt Zeren Sokak No.7
Levent Istanbul 34330
Turkey

Turkey > Media and entertainment Tier 1

Güner Law Office excels in assisting its clients in the media and entertainment sectors with corporate, commercial and related regulatory matters. The cross-practice group also handles IP and employment issues in these sectors and has extensive experience of advising multinationals, including on first-of-their-kind mandates. Founding and managing partner Ece Güner Toprak acts for a number of international broadcasting and telecoms companies and co-leads the department with Burçak Kurt Biçer, who is particularly focused on the media sector.

Practice head(s):

Ece Güner Toprak; Burçak Kurt Biçer

Other key lawyers:

Gizem Esen; Sena Aydın

Key clients

Fox Networks Group

Fox Turkey

The Walt Disney Company

A&E Networks

Viacom International Media Networks

Sky

Endemol Shine Group

The New York Times

Dow Jones (The Wall Street Journal)

Work highlights

  • Advising Fox Networks Group Turkey on a range of matters relating to its terrestrial Fox channel and thematic channels, namely FX, Fox Life, Fox Crime, National Geographic Channel, Nat Geo Wild, Nat Geo People and 24 Kitchen.
  • Providing ongoing advice to the Walt Disney Company in relation to various broadcasting, contractual, regulatory, real estate and intellectual property matters.

Turkey > Employment Tier 3

The ‘excellentBurçak Kurt Biçer heads the employment department at Güner Law Office. It regularly advises international and domestic clients on day-to-day employment matters, settlement agreements, lay-offs and the termination of employment agreements, as well as mediation and court proceedings. The team is also a go-to for several international firms for referral work.

Practice head(s):

Burçak Kurt Biçer

Testimonials

‘Completely reliable, outstanding, available and always feel confident in their advice.’

‘Burcak Kurt Bicer is excellent. She commands respect and is very business friendly – no question is too big or too small.’

Key clients

Discovery Networks

Ferro Turkey

Konecranes Turkey

Kone Turkey

ICANN Turkey

Clifford Chance LLP

Deloitte LLP

Forcepoint Turkey

Tractel SAS

Sicame SAS

The New York Times Company (Turkey Liaison Office)

PolyOne Turkey

Avient Turkey

Suez Turkey

Syneos Health (through HSF London)

Work highlights

  • Providing day-to-day labour law consultancy to Discovery Corporate Services regarding termination of employees, changes to working conditions, preparation and revision of settlement agreements.
  • Advising Ferro Turkey on the preparation and amendment of employment agreements, employee lay-offs, internal employment regulations and policies, and preparation of settlement agreements.
  • Advising PolyOne Turkey on the termination of employment agreements, preparation of employment agreements and mutual termination agreements, representation of the client in mediation proceedings with former employees.

Turkey > Intellectual property Tier 3

Güner Law Office manages the IP portfolios of several multinational clients with interests in Turkey and has a notable presence in the media, entertainment and TMT industries, counting Disney, Deezer and Twentieth Century Fox among its clients. Three lawyers oversee the IP department: founding and managing partner Ece Güner Toprak, Burçak Kurt Biçer and the ‘efficient and reliable' Ömer Erdoğan.

Practice head(s):

Ece Güner Toprak; Ömer Erdoğan; Burçak Kurt Biçer

Testimonials

‘Güner Law Office is our go-to firm for IP issues in Turkey. They are very efficient and knowledgeable in their market.’

‘Ömer Erdoğan is a very knowledgeable lawyer in his domain. He is very efficient and reliable and is always responsive.’

Key clients

21st Century Fox

Twentieth Century Fox Film

Disney Enterprises

Fox Networks Group Turkey

Deezer

Schneider Electrics

Gunsan Elektrik Malzemeleri

Netflix

Sky

Man With A Mic

F/S Istanbul

Endemol Shine Group

Work highlights

  • Managing the intellectual property portfolio of Twentieth Century Fox Film Corporation and its group companies in Turkey.
  • Acting for Gunsan Elektrik Malzemeleri in trade mark litigation and advising on the protection of its trade marks.
  • Advising Disney Enterprises on trade mark infringement matters.

Turkey > IT and telecoms Tier 3

Güner Law Office focuses on advising its communications, media and IT clients on data protection compliance, as well as assisting with more general corporate matters, IP, regulatory issues and disputes. Practice head Burçak Kurt Biçer specialises in media issues and advises a number of clients on matters at the intersection of media, IT and communications regulatory law.

Practice head(s):

Burçak Kurt Biçer

Key clients

Fox Network Group and Fox Turkey

Microsoft Mobile Turkey (formerly Nokia Turkey)

HTC

ICANN

Ferro Corporation

Suez WTS

Konecranes OJY

Discovery Communications

Forcepoint Holdings International

Forcepoint Turkey Siber Güvenlik Hizmetleri

Lincoln Electric Company (through Jones Day)

Work highlights

  • Advising Ferro Corporation and Ferro Turkey on their compliance with personal data protection legislation in Turkey and registration with the Data Controllers’ Registry (VERBIS).
  • Assisting Konecranes and its parent companies abroad with their registration with VERBIS.
  • Advising ICANN on day-to-day legal matters in Turkey, as well as on its compliance with Turkish personal data protection legislation and its registration with VERBIS.

Turkey > Project finance/projects Tier 3

Güner Law Office advises domestic and international banks and institutional lenders regarding the financing of the construction, development and operation of energy, mining and infrastructure projects in and outside Turkey. Transactional and finance specialist Ömer Erdoğan heads the practice, which is also adept at handling the international financing of greenfield and brownfield projects.

Practice head(s):

Ömer Erdoğan

Key clients

Fiba Holding

Fina Holding

Öksüt Madencilik Sanayi Ve Ticaret A.Ş.

Centerra Luxembourg Holdings S.À R.L.

Centerra Exploration B.V.

Denizbank A.Ş.

Limak Afrika S.A.

Cheniere Marketing, Ltd

Egis Tünel İşletmeciliği A.Ş.

Work highlights

  • Advising Fiba Holding and Fina Holding (as guarantors) and its subsidiary (as borrower) on the refinancing and post-refinancing of Swissotel The Bosphorus.
  • Advising Centerra Luxembourg Holdings S.À R.L. and Centerra Exploration B.V. on the closure of a project finance loan facility.
  • Advised Denizbank A.Ş. in relation to amendments to the existing finance documents with respect to the financing of the construction and operation of a high-speed train terminal in Ankara.

Turkey > Real estate and construction Tier 3

The ‘very responsive’ practice at Güner Law Office, which garners praise for its ‘great knowledge of the real estate market in Turkey’, advises clients regarding hotel management agreements, lease agreements, the documentation for real estate development projects and regulatory matters related to domestic residential and commercial units. Ömer Erdoğan and Burçak Kurt Biçer co-head the department.

Practice head(s):

Ömer Erdoğan; Burçak Kurt Biçer

Testimonials

‘Güner Law Office has great knowledge of the real estate market in Turkey and is very solution and business minded. They are a one-stop-shop firm, which is very helpful in transactions as they are very rapid and concise.’

‘Ömer Erdoğan has been working with our company for over ten years and is a very valued partner for our transactions in Turkey. He is very knowledgeable about the Turkish real estate market and is very available and prompt in replying to our requests. He is solution minded and really helps to get the deal done.’

‘The team is very responsive and provides comprehensive support for our real estate portfolio.’

Notable for the tremendous support they provide, seemingly around the clock!’

‘They are very responsive and have good manners.’

Key clients

The Walt Disney Company

Ferro Turkey Kaplama Cam ve Renk Cozumleri San. ve tic. Ltd. Şti.

Marriott Hotels International Inc

Polyone Tekno Polimer Müh. Pls.San.tic.A.Ş

Bank of America

Tractel International S.A.S.

Sicame S.A.S.

Wafra Capital Partners Investments LP

Work highlights

  • Advised Marriot Hotels International regarding three new five-star hotel projects and investments in Turkey.
  • Advised Bank of America Merrill Lynch in relation to a lease agreement between Merrill Lynch Yatırım Bank, Merrill Lynch Menkul Değerler A.Ş. and EIS Eczacıbaşı İlaç, Sınai ve Finansal Yatırımlar Sanayi ve Ticaret A.Ş.
  • Advised the Walt Disney Company in relation to lease agreements executed by its Turkish subsidiaries.

Turkey > Banking, finance and capital markets Tier 4

Güner Law Office's practice is ‘very knowledgeable and is always seeking to find practical and commercial solutions’; it advises on syndicated loans, asset finance, debt finance, project finance and Islamic finance transactions. The team, which is headed by Ömer Erdoğan and Burçak Kurt Biçer, is also skilled in regulatory matters, having advised a significant number of multinational lenders and sponsors with their transactions in Turkey.

Practice head(s):

Ömer Erdoğan; Burçak Kurt Biçer

Testimonials

‘The Guner team is very knowledgeable and is always seeking to find practical and commercial solutions within the legal framework. They are responsive and regularly willing to go above and beyond.’

Key clients

Fiba Holding

Fina Hoding

ACI Worldwide Inc.

China Eximbank

Bank of America Merrill Lynch International Limited

Limak İnşaat Sanayi ve Ticaret A.Ş.

CENTERRA LUXEMBOURG HOLDINGS S.À R.L. , CENTERRA EXPLORATION B.V.

Denizbank A.Ş.

Türkiye İş Bankası A.Ş.

Türkiye Sınai Kalkınma Bankası A.Ş.

ING Bank N.V.

Wells Fargo

VTB Bank

Castleton Commodities UK Limited

Raiffeisenbank Bulgaria EAD

Limak Afrika S.A.

HSBC Bank France

SACE S.p.A. and SACE FCT S.p.A. through Jones Day Milan

African Export- Import Bank

VTB Capital Trading Limited

Work highlights

  • Advised Fiba Holding and Fina Holding (as Guarantors) and its subsidiary (as borrower) on the refinancing and post-refinancing of Swissotel The Bosphorus.
  • Advised Export-Import Bank of China in connection with the Export Buyer Credit Loan Agreement between Export Import Bank of China as the lender and Vakıfbank A.Ş. as the borrower.
  • Advised Centerra Luxembourg Holdings on the closure of the loan facility granted to the borrower, release and discharge of the guarantees and pledges granted within the scope of the facility agreement in the amount of $150m.

Turkey > Commercial, corporate and M&A Tier 4

Güner Law Office, which is particularly well known for its expertise in the media sector, advises international and local investors on their M&A transactions and corporate matters in Turkey. M&A and TMT expert Ece Güner ToprakBurçak Kurt Biçer, who has additional expertise in employment, and mining and energy specialist Ömer Erdoğan head the team. Senior associate Gizem Esen is another active member of the practice.

Practice head(s):

Ece Güner Toprak; Burçak Kurt Biçer; Ömer Erdoğan

Other key lawyers:

Key clients

Imerys S.A.

Ferro Corporation

Fox Networks Group

Konecranes OYJ, Konecranes Ticaret ve Servis Ltd.Sti

Tracel SAS, Knot Yapı ve İş Güvenliği Sanayi Ticaret A.Ş.

Dow Jones

Forcepoint Holdings International Limited, Forcepoint Turkey Siber Güvenlik Hizmetleri Limited Şirketi

Ferro Turkey

PolyOne Turkey

Avient Turkey (formerly Clariant Turkey)

Suez WTS

Şafak Elektrik A.Ş.

Agropex

Limak Çimento A.Ş.

Deezer SA

New York Times

Syneos Health through HSF LLP

Huhtamaki Group

Work highlights

  • Advised Ferro Corporation on the Turkish aspects of the global sale of its tile business to Lone Star.
  • Advised Avient Corporation (formerly PolyOne Corporation) on the Turkish aspects of its global acquisition of Clariant.
  • Advised Syneos on the merger of its Turkish subsidiaries.

Turkey > Dispute resolution Tier 4

The ‘highly skilled’ dispute resolution practice at Güner Law Office is particularly strong the IP, media and entertainment sectors, and also handles litigation matters related to insolvency, debt restructuring, product liability and employment disputes. Ece Güner Toprak and senior associate Can Güner are the key contacts.

Practice head(s):

Ece Guner Toprak; Can Guner

Testimonials

‘Team is highly skilled in dispute resolution practice through follow ups and updating the client and informing about developments with regard to disputes’

‘The counsels are highly professional in dealing with international matters.

Key clients

Fox Turkey

Endemol Shine

Generali Sigorta A.Ş. (Generali)

Konecranes Ticaret ve Servis Ltd. Şti.

SMSA Express

Medi-Link International

PolyOne Corporation

Suez WTS Turkey

Mammut Construction Co.

Mutlu Medikim Tıbbi Malzeme Ticaret Anonim Şirketi

Şafak Elektrik Malzemeleri Ticaret ve Sanayi Anonim Şirketi (a subsidiary of SICAME Group)

Work highlights

  • Acting for Fox Turkey in litigation matters related to commercial, media, criminal, administrative and IP rights disputes.
  • Representing Generali Sigorta in a commercial dispute recourse claim arising from a payment made within an insurance agreement.
  • Representing Medi-Link International in a compensation claim arising from a banking service agreement.

The firm:

With over 25 years’ experience, Güner Law Office is one of the leading Turkish law firms with strong expertise in Corporate/M&A, Banking & Finance, Projects & Energy, Technology, Media and Telecommunications (TMT), Dispute Resolution, Employment, Real Estate and Competition/Antitrust practices.

Main Areas of Practice

M&A, corporate:

3 partners; 15 fee earners.

  • Advised Huhtamaki Holding Oy, a leading global provider of sustainable packaging solutions, on the acquisition of 100% of Elif Holding A.Ş. from Alpha Flexibles B.V. (Turkven Private Equity Fund) and Salargil family for US$422,000,000.
  • Advised Ferro Corporation, a leading functional coatings and color solutions provider, on the Turkey section of the global sale of its tile business to Esmalglass-Itaca Group (owned by US-based Lone Star Funds).
  • Advised Avient (formerly PolyOne), a global provider of specialized polymer materials and services, on the Turkey section of its global acquisition of Clariant, a leading specialty chemical company.
  • Advised Sicame S.A.S., a worldwide group specializing in electrical products and services, on the 100% acquisition of Şafak Elektrik Malz. Tic. ve San. A.Ş.
  • Advising all Turkish Fox Networks Group companies on all regulatory, transactional, corporate and commercial law issues for more than 10 years.

Key Clients: Huhtamaki Holding Oy, Ferro Corporation, Avient Corporation, Sicame S.A.S., 21st Century Fox

Contact: Ece Güner Toprak, Burçak Kurt Biçer, Ömer Erdoğan

Email: bkb@guner.av.tr

oe@guner.av.tr

Banking and project finance:

2 partners; 15 fee earners.

  • Advised Export-Import Bank of China in connection with the Export Buyer Credit Loan extended to Vakıfbank A.Ş..
  • Advised HSBC Bank France on renewal of TRY175,000,000 Term Loan Facility extended to ING Bank A.S.
  • Advised Wells Fargo on a Turkish law guarantee provided by a publicly traded Turkish company.

Key Clients: Export-Import Bank of China, HSBC Bank France, Wells Fargo

Contact: Ömer Erdoğan, Burçak Kurt Biçer

Email: oe@guner.av.tr

bkb@guner.av.tr

Energy, mining and infrastructure:

2 partners; 15 fee earners.

  • Advised Fiba Holding and Fina Holding (as Guarantors) and its subsidiary (as borrower) on the €210,000,000 refinancing of Swissotel The Bosporus, one of the leading luxury hotels in İstanbul.
  • Advised Centerra Exploration B.V. on the closure of the US$150,000,000 loan facility (also advised by our firm).
  • Advised Denizbank A.Ş. on the amendments to existing finance documents for construction and operation of the speed train terminal in Ankara by the JV formed by Limak, Kolin and Cengiz under the build-operate-transfer legislation.
  • Advised the lenders (Türkiye İş Bankası A.Ş., Akbank T.A.Ş., Akbank AG, TSKB A.Ş.) in the refinancing of the investment loan for the acquisition of Albe Enerji Üretim A.Ş. and the Yalnızardıç Dam and Hydroelectric Power Plant by Akköy Enerji Üretim A.Ş.
  • Advised the lenders (ING Bank A.Ş., ING Bank N.V., Societe General, Unicredit Bank AG) on a loan to Anagold Madencilik Sanayi ve Ticaret A.Ş. (a subsidiary of Alacer Gold Corp) for the expansion of the Çöpler Gold Mine Project.

Key Clients: Fiba Holding, Centerra Exploration B.V., Denizbank A.Ş., Türkiye İş Bankası A.Ş., Akbank T.A.Ş., Akbank AG, TSKB A.Ş., ING Bank A.Ş., ING Bank N.V., Societe General, Unicredit Bank AG

Contact: Ömer Erdoğan, Burçak Kurt Biçer

Email: oe@guner.av.tr

bkb@guner.av.tr

Technology, media and telecoms:

3 partners; 15 fee earners.

  • Advising Fox Networks Group Turkey on all broadcasting, corporate, contractual, M&A, regulatory, intellectual property, competition and litigation matters.
  • Advising The Walt Disney Company on various broadcasting, contractual, regulatory, real estate and intellectual property matters.
  • Advising Viacom on broadcast of MTV and Nickelodeon television channels in Turkey including local licensing and contractual matters.

Key Clients: 21st Century Fox, Disney, Viacom

Contact: Ece Güner Toprak,Burçak Kurt Biçer, Ömer Erdoğan

Email: bkb@guner.av.tr

oe@guner.av.tr

Dispute resolution:

1 partner; 15 fee earners.

  • Advising Fox Turkey on litigation matters related to commercial, media, criminal, administrative and IP rights disputes.
  • Advising Generali Sigorta on a recourse claim arising from an insurance agreement.
  • Advising Medi-Link International on a compensation claim arising from a banking services agreement.

Key Clients: Fox Turkey, Generali Sigorta, Medi-Link International

Contact: Ece Güner Toprak, Can Güner

Email:eg@guner.av.tr

cg@guner.av.tr

Competition:

2 partners; 15 fee earners.

  • Advised 21st Century Fox, through Allen Overy LLP, on its acquisition by the Walt Disney Company, including application to the Turkish Competition Board.
  • Advised Sicame S.A.S., a multinational electrical products company, on the competition aspects of acquisition of 100% of Şafak Elektrik Malz. Tic. ve San. A.Ş., obtained Competition Board’s approval.

Key Clients: 21st Century Fox, Sicame S.A.S.

Contact: Burçak Kurt Biçer, Ömer Erdoğan

Email: bkb@guner.av.tr

oe@guner.av.tr

Real estate:

2 partners; 15 fee earners.

  • Advised Marriot Hotels International on three separate new 5-star hotel projects/investments in Turkey, one being a high-end unique residential project in Bodrum with Ritz-Carlton™ brand.
  • Advised The Walt Disney Company on various real estate matters such as handling termination of the lease agreements of various antenna sites, carrying out a due diligence on the leased and owned sites of FOX Channel, negotiating transmission agreement for the analog broadcasting of FOX channel.

Key Clients: Marriott Hotels International, The Walt Disney Company

Contact:Ömer Erdoğan, Burçak Kurt Biçer

Email: oe@guner.av.tr

bkb@guner.av.tr

DepartmentNameEmailTelephone
Corporate/M&A
Banking & Finance
Projects & Energy
Mining
Capital markets
Technology
Media
It Telecom
Real estate
International arbitration and dispute resolution
Dispute Resolution
Competition/Antitrust
Employment
Intellectual property
PhotoNamePositionProfile
ÖMER  ERDOĞAN photoMr ÖMER ERDOĞANÖmer is qualified in Turkey and has more than 15 years’ of…
Ece GÜNER TOPRAK photoMs Ece GÜNER TOPRAKEce has a total of 20 years of experience in these fields…
BURÇAK  KURT BIÇER photoMs BURÇAK KURT BIÇERBurcak has more than 15 years’ experience  primarily in corporate/M&A and employment. She…
Number of lawyers : 25
English
French
German
Italian
Spanish
BCCT
CCIFT
Managing Partner : Ece Güner Toprak (eg@guner.av.tr)
Partner : Ömer Erdoğan (oe@guner.av.tr)
Partner : Burçak Kurt Biçer (bkb@guner.av.tr)

CLIENT: A&E Television Networks LLC

COMPANY/FIRM: Guner Law Office

TESTIMONIAL: A&E Television Networks LLC has been represented in Turkey for several years by the Guner firm. Their representation in connection with a joint venture and Channel in Turkey has been excellent. They have advised us on corporate and shareholder matters, regulatory matters and other legal questions. We have received prompt and highly professional representation and continue to use the firm for ongoing advice.


CLIENT: Ferro Turkey

COMPANY/FIRM: Guner Law Office

TESTIMONIAL: Ferro Turkey has been represented by Guner Hukuk for several years on different fields such as; M&As, cooperate matters and different legal issues. We have been very satisfied with their cooperation; quick but also detailed responses, friendly and professional attitude, high knowledge of different matters. Special gratitude to Burcak Kurt Bicer who manages the whole operation for Ferro Turkey and also to Berrak Sipahioglu who covers most of the issues for us. We surely think to continue our cooperation with the firm.


CLIENT: Endemol Shine Group Amsterdam HQ

COMPANY/FIRM: Guner Law Office

TESTIMONIAL: Guner Law Office has been our counsel with regard to various legal matters (from IP to corporate law) and we have always appreciated their hard work, resilience, kindness and understanding of our needs.


CLIENT: Mapei SpA

COMPANY/FIRM: Guner Law Office

TESTIMONIAL: Mapei Yapi has been followed in Turkey for years by Guner Law Office in several corporate matters. The law firm often drafted internal directives and board of directors resolutions with efficiency and professionality. We have always received prompt answers and advises from our lawyers.


Kitap Yayımlanması Nedeniyle Yargılanmanın İfade Özgürlüğünü İhlal Ettiğine Dair Bireysel Başvuru Kararı Hakkında Not

Anayasa Mahkemesi, 31925 sayılı ve 16.08.2022 tarihli Resmî Gazete’de yayımlanan 2018/5652 başvuru numaralı ve 30.03.2022 tarihli İrfan Sancı bireysel başvuru kararında, başvurucunun yayımladığı bir kitap nedeniyle müstehcen yayınların yayımlanmasına aracılık etme suçundan yargılanmasına, Küçükleri Muzır Neşriyattan Koruma Kurulu’nun yol açtığı yapısal sorunlara ve çocukların korunmasına dair ifade, basın, sanat özgürlükleri çerçevesinde önemli tespitlerde bulunmuştur.

Note on the Individual Application Decision Regarding the Violation of Freedom of Expression By A Trial Due to Publishing A Book

In the İrfan Sancı individual application decision dated 30.03.2022 and numbered 2018/5652, published in the Official Gazette dated 16.08.2022 and numbered 31925, the Constitutional Court made significant determinations on the minors’ safety within the framework of freedom of expression, press and art, regarding a book published by the applicant who has been put on trial for the crime of mediating the publication of obscene publications, and the structural problems caused by the Board of Protection of Minors from Obscene Publications.

Upcoming Mondaq webinar from Guner Law Office – Save the date!

Dear clients and friends,

INFORMATION NOTE REGARDING THE DECISION OF THE CONSTITUTIONAL COURT ON THE BREACH OF FREEDOM OF EXPRESSION WITH THE TERMINATION OF THE EMPLOYMENT AGREEMENT OF AN EMPLOYEE DUE TO THE EXPRESSIONS IN HIS SOCIAL MEDIA POST

In the Kadri Erogul individual application decision dated 11.05.2022 and numbered 2019/976, published in the Official Gazette dated 16.08.2022 and numbered 31925, the Constitutional Court decided that the termination of the employment contract of the applicant working in a public institution as the employee of a subcontractor, due to his social media posts regarding the managers, violated the freedom of expression.

ÇALIŞANIN SOSYAL MEDYA PAYLAŞIMINDAKİ İFADELERİ SEBEBİYLE İŞ SÖZLEŞMESİNİN FESHEDİLMESİNİN İFADE ÖZGÜRLÜĞÜNÜN İHLALİNİ OLUŞTURDUĞUNA DAİR ANAYASA MAHKEMESİ KARARI HAKKINDA BİLGİ NOTU

Anayasa Mahkemesi, 31925 sayılı ve 16.08.2022 tarihli Resmî Gazete’de yayımlanan 2019/976 başvuru numaralı ve 11.05.2022 tarihli Kadri Eroğul bireysel başvuru kararında, taşeron şirkete bağlı olarak bir kamu kurumunda görev yapan başvurucunun yöneticileriyle ilgili sosyal medya paylaşımı nedeniyle iş akdinin feshedilmesini ifade özgürlüğüne aykırı bulmuştur.

MESAFELİ SÖZLEŞMELER YÖNETMELİĞİ’NDE YAPILAN DEĞİŞİKLİKLER HAKKINDA BİLGİ NOTU

Bilindiği üzere, elektronik ticaretin düzenlenmesine ilişkin olarak yayımlanan 7416 sayılı Elektronik TicaretinDüzenlenmesi Hakkında Kanunda Değişiklik Yapılmasına Dair Kanun, 7 Temmuz 2022 tarihli ve 31889 sayılı Resmî Gazete’de yayımlanmıştı [1]. Elektronik ticaret sektöründe yaşanan hızlı gelişmeler nedeniyle ve uygulamada karşılaşılan problemlerin çözümü için şimdi ise Ticaret Bakanlığı tarafından Mesafeli Sözleşmeler Yönetmeliği’nde (“Yönetmelik”) birtakım değişiklikler yapılmış, bu değişiklikler 23.08.2022 tarihli ve 31932 sayılı Resmî Gazete’de yayımlanan Mesafeli Sözleşmeler Yönetmeliğinde Değişiklik Yapılmasına Dair Yönetmelik (“Değişiklik Yönetmeliği”) ile düzenlenmiştir. Değişiklik Yönetmeliği’nin kredi kartıyla yapılan ödemelerde bedel iadesine ilişkin hükmü 01.01.2023, diğer tüm hükümleri ise 01.10.2022 tarihinde yürürlüğe girecektir.

INFORMATION NOTE ON THE AMENDMENTS TO THE REGULATION ON DISTANCE CONTRACTS

As it is known, the Law No. 7416 Amending the Law on the Regulation of Electronic Commerce, that regulates the electronic commerce, was published in the Official Gazette dated July 7, 2022 and numbered 31889 [1]. Due to the rapid developments in the electronic commerce sector and for the solution of the problems encountered in practice, the Ministry of Commerce has now made certain changes in the Regulation on Distance Contracts (“Regulation”), and these changes have been regulated with the Regulation on the Amendment of the Regulation on Distance Contracts published in the Official Gazette dated August 23, 2022 and numbered 31932 (“Amendment Regulation”). The provision of the Amendment Regulation regarding the refunds for the payments via credit cards will enter into force on January 1, 2023, and all other provisions will enter into force on October 1, 2022.

TÜZEL KİŞİLERİN UZAKTAN KİMLİK TESPİTİ VE BANKACILIK İŞLEMLERİ KAPSAMINA ALINMASI AMACIYLA HAZIRLANAN YÖNETMELİK TASLAĞI HAKKINDA BİLGİ NOTU

Bankacılık Düzenleme ve Denetleme Kurumu (“BDDK”), gerçek kişi ve gerçek kişi tacirlerin ardından tüzel kişilerin de uzaktan müşteri edinimi yoluyla banka müşterisi olabilmesini sağlamak amacıyla 31.08.2022 tarihinde Bankalarca Kullanılacak Uzaktan Kimlik Tespiti Yöntemlerine ve Elektronik Ortamda Sözleşme İlişkisinin Kurulmasına İlişkin Yönetmelikte Değişiklik Yapılmasına Dair Yönetmelik Taslağı (“Taslak Yönetmelik”) yayınlamıştır. Bilindiği üzere, Bankalarca Kullanılacak Uzaktan Kimlik Tespiti Yöntemlerine ve Elektronik Ortamda Sözleşme İlişkisinin Kurulmasına İlişkin Yönetmelik (“Yönetmelik”), 01.04.2021 tarihli ve 31441 sayılı Resmi Gazete’de yayımlanarak 01.05.2021 tarihinde yürürlüğe girmişti.

INFORMATION NOTE ON THE DRAFT REGULATION ON REMOTE IDENTIFICATION AND BANKING OPERATIONS OF LEGAL ENTITIES

Banking Regulation and Supervision Agency (“BRSA”) published a Draft Regulation on the Amendments to the Regulation on Remote Identification Methods to be Used by Banks and the Establishment of Contractual Relationships in Electronic Environments (“Draft Regulation”) on 31.08.2022, for enabling legal entities to become bank customers through remote customer acquisition, in addition to natural persons and natural person merchants. The Regulation on Remote Identification Methods to be Used by Banks and the Establishment of Contractual Relationships in Electronic Environments (“Regulation”) was published in the Official Gazette dated 01.04.2021 and numbered 31441 and entered into force on 01.05.2021.

E-TİCARET MEVZUATINDA YAPILAN DEĞİŞİKLİKLER HAKKINDA BİLGİ NOTU

Elektronik Ticaretin Düzenlenmesi Hakkında Kanunda Değişiklik Yapılmasına Dair Kanun (“Değişiklik Kanunu”) Teklifi, 28 Haziran 2022 tarihinde Türkiye Büyük Millet Meclisi’ne sunulmuş, 01 Temmuz 2022 tarihinde kabul edilmiş ve 07 Temmuz 2022 sayılı ve 31889 sayılı Resmî Gazete’de yayımlanmıştır. Değişiklik Kanunu’nun hükümlerinin büyük bir kısmı 1 Ocak 2023 tarihinde yürürlüğe girecektir.

INFORMATION NOTE ON THE AMENDMENTS TO THE E-COMMERCE LEGISLATION

The Law on the Amendment of the Law on the Regulation of Electronic Commerce (“Amendment Law”) was submitted to the Grand National Assembly of Turkey on 28 June 2022, adopted on 01 July 2022, and published in the Official Gazette No. 31889 on 07 July 2022. Most of the provisions of the Amendment Law will enter into force on 1 January 2023.

BDDK’NIN 07.07.2022 TARİHLİ VE 10265 SAYILI TL CİNSİNDEN NAKDİ TİCARİ KREDİ KULLANDIRIMINA İLİŞKİN KARARI HAKKINDA BİLGİ NOTU

5411 sayılı Bankacılık Kanununun 93 üncü maddesine dayanılarak alınan ve şirketlerin TL kredi kullanımını nakdi yabancı para (“YP”) pozisyonuna göre düzenlemeyi amaçlayan 24.06.2022 tarihli ve 10250 sayılı Bankacılık Düzenleme ve Denetleme Kurul (“BDDK”) Kararına (“Karar”) ilişkin olarak, hem bankalar hem şirketler açısından Karar’ın uygulanmasını kolaylaştırması ve etkinliğini artırması için Karar’ın uygulamasını esneten düzenlemeler içeren 07.07.2022 tarihli ve 10265 sayılı BDDK Kararı yayımlanmıştır. BDDK tarafından alınan 07.07.2022 tarihli karar ilk kararın yayımlandığı tarih olan 24.06.2022 tarihinden itibaren geçerli olacaktır.

Information Note on BRSA’s Decision on the Restriction on Commercial Cash Loans Denominated in Try Dated 07.07.2022 and Numbered 10265

The BRSA Decision dated 07.07.2022 and numbered 10265, which contains regulations stretching the implementation of the Decision in order to facilitate the implementation of the Decision and increase its effectiveness for both banks and companies, regarding the Banking Regulation and Supervision Board (“BRSA”) Decision (“Decision”) dated 24.06.2022 and numbered 10250, which was taken based on Article 93 of the Banking Law No. 5411 and aimed to regulate the use of TRY loans by companies according to their cash and foreign currency (“FX”) positions, was published. You may find attached our Information Note regarding the Decision.

REGARDING THE RESTRICTION ON COMMERCIAL CASH LOANS DENOMINATED IN TRY

Banking Regulation and Supervision Agency (“BRSA”), with its authority arising out of Article 93 of the Banking Law numbered 54111, imposed a restriction on TRY denominated commercial cash loans to be provided to certain companies with its Board Decision numbered 10250 (“Decision”) on June 24, 2022 in order to strengthen financial stability and ensure effective functioning of the credit system and ensure that loans are used in accordance with their purpose.

INFORMATION NOTE ON THE SUMMARY OF THE DECISION OF THE PERSONAL DATA PROTECTION BOARD DATED 02/12/2021 AND NUMBERED 2021/1217

You may find below our notes on the “Summary of the Decision of the Personal Data Protection Board (“Board”) dated 02/12/2021 and numbered 2021/1217 Regarding “The allegation that an untrue and dishonorable television news was made about the data subject, by using the photos of the mother and her child, who is also a data subject”.

INFORMATION NOTE ON THE SUMMARY OF THE DECISION OF THE PERSONAL DATA PROTECTION BOARD DATED 10/03/2022 AND NUMBERED 2022/229

You may find below our notes on the “Summary of the Personal Data Protection Board’s (“Board”) Decision dated 10/03/2022 and numbered 2022/229 on “unlawful processing of personal data through cookies used on the website/mobile applications by the data controller company operating in the e-commerce sector”.

INFORMATION NOTE ON THE CONSTITUTIONAL COURT DECISION REGARDING THE TRACKING OF PRESENCE AT THE WORKPLACE WITH A FINGERPRINT REGISTRATION SYSTEM

In the decision of the Constitutional Court Decision dated March 10, 2022 and numbered 2018/11988 published in the Official Gazette dated April 19, 2022 and numbered 31814 rendered as per the “Ramazan Şahin Application”, it was decided that the right to demand the protection of personal data within the scope of the right to respect for private life has been violated due to the tracking of his presence at the workplace with a fingerprint registration system.

INFORMATION NOTE ON THE CONSTITUTIONAL COURT DECISION RENDERED AS PER THE INDIVIDUAL APPLICATION NUMBERED 2020/20874

In  the  decision  of  the  Constitutional  Court  Decision  dated  February  02,  2022  and  numbered 2020/20874 published in the Official Gazette dated April 07, 2022 and numbered 31802 rendered as per the “Ümit Karaduman Application”, it was decided that the right to demand the protection of personal data within the scope of the right to respect for private life as well as the freedom of communication have been violated due to the recording of the letters sent to or received by the detained Applicant in the National Judicial Network Information System (“UYAP”).

INFORMATION NOTE REGARDING THE DECISION RENDERED AS PER THE INDIVIDUAL APPLICATION BY SAMET AYYILDIZ

In the decision rendered as per the individual application by Samet Ayyildiz, dated 28.12.2021 and numbered 2018/34548 published in the Official Gazette numbered 31747 and dated 11.01.2022 (“Decision”), the Constitutional Court decided that an employee whose employment contract was terminated due to his correspondence on the messaging program called WhatsApp is in violation of the right to respect for private life stipulated in Article 20 and the freedom of communication stipulated in Article 22 of the Turkish Constitution.

INFORMATION NOTE ON THE CONSTITUTIONAL COURT DECISION RENDERED AS PER THE INDIVIDUAL APPLICATION NUMBERED 2019/20473

In decision of the Constitutional Court dated March 02, 2022 and numbered 2019/20473, which was published in the Official Gazette dated March 18, 2022 and numbered 31782 rendered as per the “H.Ö Application” (“Decision”), it was decided that the right to demand the protection of personal data within the scope of the right to respect for private life has been violated due to the lack of an effective criminal investigation against the complaint regarding the unlawful obtainment of personal data.


INFORMATION NOTE REGARDING THE DECISION RENDERED AS PER THE INDIVIDUAL APPLICATION NUMBERED 2018/14884

The decision of the Constitutional Court numbered 2018/14884 and dated 27 October 2021 rendered as per the individual application to the Constitutional Court by “Keskin Kalem Yayıncılık ve Ticaret A.Ş. and Others” (“Decision”) was published in the Official Gazette dated 7 January 2022 and numbered 31712. The Constitutional Court decided that the decision to block access to various news published on internet news sites has violated the freedoms of expression and press.