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 2

The practice at Güner Law Office is experienced in corporate, commercial and TMT regulatory matters in addition to IP rights, administrative consumer and employment work. Recent highlights for the practice include advising on the first foreign equity participation in a Turkish terrestrial broadcasting company. Ece Güner Toprak is well-versed in litigation and cross-border investment transactions. She co-heads the team with Burçak Kurt Biçer who assists clients in structuring their businesses and data protection issues.

Practice head(s):

Ece Güner Toprak; Burçak Kurt Biçer

Key clients

The Walt Disney Company

Fox Networks Group Turkey

A&E Networks

Viacom International Media Networks

The New York Times Company

Dow Jones

Deezer S.A.

Work highlights

    Turkey > Employment Tier 3

    The employment law team at Güner Law Office has expertise in both transactional and contentious matters. The team’s offering consists of reviewing and negotiating employment contracts, preparation of employee benefit plans and providing HR support. On the contentious side, the practice represents clients in mediation and court proceedings. The team is headed by Burçak Kurt Biçer who assists international and Turkish clients on issues such as redundancies, restructurings and transfers.

    Practice head(s):

    Burçak Kurt Biçer

    Other key lawyers:

    Sabahat Elif Ipek

    Key clients

    Discovery Corporate Services Limited

    Vibrantz Technologies Inc

    Konecranes OYJ

    Kone Corporation

    The Internet Corporation for Assigned Names and Numbers Turkish Liaison Office (ICANN)

    Forcepoint Holdings International Limited

    Tractel SAS

    Sicame SAS

    The New York Times Company Inc.

    Avient Corporation

    Suez Water Technology Solutions

    Work highlights

    • Provided day-to-day labour law consultancy to Discovery Corporate Services Ltd. on matters including termination of employees and changes to working conditions.
    • Provided labour law consultancy to Ferro Turkey on preparation and amendment of employment agreements, employee lay-offs and internal employment regulations.
    • Provided labour law consultancy to Avient Turkey on all kinds of employment law issues.

    Turkey > Intellectual property Tier 3

    Güner Law Office advises clients on various aspects of IP, including both transactional and litigation matters with expertise in the media, entertainment and telecommunication sectors. The team is experienced in IP rights transfers, oppositions before the Turkish Patent and Trademark Organization, production agreements and drafting licences. Ece Güner Toprak represents clients in IP disputes and co-heads the practice with Ömer Erdoğan ,and also Burçak Kurt Biçer who has transactional IP experience.

    Practice head(s):

    Ece Guner Toprak; Omer Erdogan; Burcak Kurt Bicer

    Key clients

    The Walt Disney Company

    Fox Networks Group Turkey

    The New York Times Company

    Arena Technologies Inc.

    Deezer SA

    Hulu LLC

    Marriott Hotels International Ltd.

    Work highlights

      Turkey > IT and telecoms Tier 3

      Güner Law Office is experienced in the IT and telecoms field, particularly in data protection, corporate, commercial and regulatory matters. It acts for a number of multinational clients. Practice head Burçak Kurt Biçer is the name to note.

      Practice head(s):

      Burçak Kurt Biçer

      Key clients

      Fox Network Group and Fox Turkey

      Microsoft Mobile Turkey

      HTC

      ICANN

      Vibrantz Technologies Inc

      Suez WTS

      Konecranes OJY

      Discovery Communications

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

      Avient Turkey

      Deezer S.A.

      Here Turkey, Here B.V.

      Lincoln Electric Company

      Work highlights

      • Advised ICANN on day-to-day legal matters in Turkey as well as on its compliance with Turkish Personal Data Protection legislation.
      • Advised Vibrantz Technologies Inc. and its Turkish subsidiary Ferro Turkey on their compliance with Turkish Personal Data Protection legislation.
      • Advised Avient Turkey on the compliance of their employee privacy notice and consent letters with Turkish data protection legislation.

      Turkey > Real estate and construction Tier 3

      Güner Law Office is the destination of choice for a number of multinationals looking for advice on transactional real estate matters and portfolio management in Turkey. Lease agreements, the documentation for real estate development projects and regulatory matters are all among the services routinely undertaken by the team, which is jointly headed by Ömer Erdoğan and Burçak Kurt Biçer.

      Practice head(s):

      Ömer Erdoğan; Burçak Kurt Biçer

      Testimonials

      ‘The team are very good at helping us manage and deal with our local Turkish team. We have worked with them for a few years now, and they have become good at understanding our business needs and business model.’

      ‘Gizem Esen and Burcak Bicer are very responsive and always deliver on time.’

      Key clients

      The Walt Disney Company

      Ferro Turkey Kaplama Cam ve Renk Cozumleri San. ve. Tic. Ltd. STI.

      Marriott Hotels International Inc

      Avient Turkey

      Bank of America Merrill Lynch

      Tractel International S.A.S.

      SICAME S.A.S.

      Wafra Capital Partners Investments LP

      Huhtamaki OYJ

      Ali Atai & Family Members

      Work highlights

        Turkey > Banking, finance and capital markets Tier 4

        The ‘organised, quick and knowledgeable‘ banking and finance practice at Güner Law Office has a recent focus on international financing of greenfield and brownfield mine projects in Turkey, acting on both borrower/sponsor and lender sides. The practice has strong relationships with major international lenders, working closely with a number of international firms to facilitate cross-border financing. Ömer Erdoğan and Burçak Kurt Biçer are joint heads of the practice and the primary contacts.

        Practice head(s):

        Ömer Erdoğan; Burçak Kurt Biçer

        Testimonials

        ‘Their team is organised, quick and knowledgeable. They provide heads-up on regulatory developments and can be relied upon for support for non-standard tasks. They also provide very helpful legislative updates.’

        ‘Omer Erdogan is my preferred contact in the jurisdiction – he is knowledgeable, available for comment and very quick.’

        ‘Good team performance.’

        ‘The Guner team always demonstrate good market knowledge and understanding of the key legal issues in a commercial context.’

        ‘Guner always respond promptly and show great flexibility to adapt to the demands of the particular transaction.’

        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, in connection with facility agreement of €210m.
        • Acted for Export-Import Bank of China in the export buyer credit loan agreement between Export Import Bank of China as the lender and Vakıfbank as the borrower.
        • Advised Centerra Luxembourg Holdings and Centerra Exploration 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 > Dispute resolution Tier 4

        Ece Güner Toprak and Can Güner oversee the contentious matters at Güner Law Office, which is especially well-versed in IP and media and entertainment litigation. It also has a strong presence in international arbitration, particularly those arising from corporate and commercial ventures, and administrative litigation is a further area of focus.

        Practice head(s):

        Ece Güner Toprak; Can Güner

        Other key lawyers:

        Omer Erdogan; Burcak Kurt Bicer; Sabahat Elif İpek

        Key clients

        Fox Turkey

        Şafak Elektrik Malzemeleri Ticaret ve Sanayi A.Ş. (a subsidiary of SICAME Group)

        Generali Sigorta A.Ş. (Generali)

        Konecranes Ticaret ve Servis Ltd. Şti.

        SMSA Express

        Medi-Link International Limited

        Avient Turkey Mühendislik Polimerleri A.Ş.

        Suez WTS Turkey

        Mammut Construction Co.

        The New York Times Company

        Deezer Dijital Hizmetler ve Dağıtım A.Ş.

        Work highlights

        • Representing Fox Turkey in litigation matters related to commercial, media, criminal, administrative and IP rights disputes.
        • Acting for Generali Sigorta in a commercial dispute recourse claim of over $3m arising from a payment made within an insurance agreement.
        • Representing Medi-Link International in a compensation claim of €11m arising from a banking service agreement.

        Turkey > Commercial, corporate and M&A Tier 5

        Güner Law Office is the counsel of choice for a number of international companies looking for day-to-day corporate law guidance. The team also has capabilities in traditional M&A and has broad strength and a longstanding client base in the media sector. Ece Güner Toprak, Burçak Kurt Biçer and Ömer Erdoğan are the practice heads, with managing associate Ecem Çetinyılmaz supporting.

        Practice head(s):

        Ece Güner Toprak; Burçak Kurt Biçer; Ömer Erdoğan

        Other key lawyers:

        Key clients

        Dow Jones (The Wall Street Journal)

        The New York Times Company Inc.

        Ferro Corporation

        The Walt Disney Company / Fox Networks Group

        Konecranes OYJ, Konecranes Ticaret ve Servis Ltd. Sti.

        Avient Turkey Renklendirici ve Katkı Maddeleri Sanayi ve Ticaret Anonim Şirketi

        Avient Turkey Mühendislik Polimerleri Sanayi ve Ticaret Anonim Şirketi

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

        Şafak Elektrik Malzemeleri Ticaret ve Sanayi Anonim Şirketi

        Huhtamaki Holding Oy

        Elif Holding Anonim Şirketi and subsidiaries

        The Internet Corporation for Assigned Names and Numbers Turkish Liaison Office (ICANN)

        Mercator by Citco / Here Coğrafi Bilgi Ticaret Limited Şirketi

        Suez Water Technology Solutions

        Tractel International S.A.S., Knot Yapı ve İş Güvenliği Sanayi ve Ticaret A.Ş.

        Deezer SA

        Limak Çimento Sanayi ve Ticaret Anonim Şirketi

        Work highlights

        • Advised Huhtamäki Holding Oy on its $422m acquisition of 100% shares of Elif Holding and its subsidiaries.
        • Advising Turkish subsidiaries of The Walt Disney Company / Fox Networks Group on their day-to-day corporate and commercial law issues.
        • Advised both Avient Turkey Mühendislik Polimerleri and Avient Turkey Renklendirici ve Katkı Maddeleri on their name change processes.

        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 and finance, projects and 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

        Contacts: 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

        Contacts: 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

        Contacts: 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

        Contacts: 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

        Contacts: 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.

        Contacts: 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

        Contacts: 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
        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.


        INFORMATION NOTE ON THE DRAFT REGULATION AMENDING THE REGULATION ON BANK CARDS AND CREDIT CARDS

        Banking Regulation and Supervision Agency (“BRSA”) has published the Draft Regulation Amending the Regulation on Bank Cards and Credit Cards (“Draft Regulation”) on its website on 28 October 2022 to receive opinions from market players. In the Draft Regulation, the term “card scheme” is introduced and various obligations are foreseen for foreign card scheme institutions.

        AMENDMENTS INTRODUCED BY THE DECREE ON THE DETERMINATION OF THE COMPANIES SUBJECT TO INDEPENDENT AUDIT PUBLISHED IN THE OFFICIAL GAZETTE DATED 30.11.2022 AND NUMBERED 32029

        The Presidential Decree No. 6434 on the Determination of the Companies Subject to Independent Audit (“Decree”) published in the Official Gazette dated 30.11.2022 and numbered 32029. With this Decree, the criteria for the companies to be subject to independent audit has been re-determined and the thresholds relating to the companies to be subject to audit have been changed.

        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.