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Özdağıstanli Ekici Attorney Partnership | Turkey | 17 Sep 2021

Turkish DPA WhatsApp decision

The Turkish Data Protection Authority recently made a public announcement regarding its ex officio investigation of WhatsApp LLC and published an important decision discussing WhatsApp's data processing and data transfer operations. The Turkish Personal Data Protection Board's decision is important and must be reviewed in detail since it demonstrates the Board's approach to international......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 16 Sep 2021

Competition Board closes door on allegations of abuse against Philips Turkey and imposes industry-wide conditions

Following a 17-month investigation process, the Competition Board closed its investigation into Philips Turkey regarding allegations of abuse of dominance. The Board's decision to not impose an administrative fine on Philips Turkey is a positive development that will serve as guidance for companies in a much-debated area of competition law enforcement in the medical imaging and diagnostic......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 9 Sep 2021

Competition board approves Siemens' acquisition of Varian following commitments submitted in European Union

The Siemens/Varian decision once again shows that the Turkish Competition Board is keen to make detailed evaluations of conglomerate transactions involving related products, even though such transactions are generally considered to be relatively less risky in terms of restriction of competition. The decision also highlights that the health services market is a top priority for the Board and......
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Özdağıstanli Ekici Attorney Partnership | Turkey | 3 Sep 2021

Personal data protection in context of employment and vaccination

Law 6698 on the Protection of Personal Data applies to natural persons whose personal data is processed and natural persons or legal entities that process such data – wholly or partially and by automated or non-automated means – provided that they form part of a data filing system. This article evaluates the processing activities carried out by employers as data controllers in the context of......
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Gün + Partners | Turkey | 31 Aug 2021

Significant amendments to Administrative Jurisdiction Procedure Law

The Law Amending the Criminal Procedure Code and Certain Other Laws 7331 was recently published in the Official Gazette. By virtue of Law 7331, the time frame for both mandatory and optional procedures conducted before filing administrative actions has been shortened significantly. This article outlines the key amendments.
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Özdağıstanli Ekici Attorney Partnership | Turkey | 27 Aug 2021

Commitment letter applications for transfers of personal data abroad

Where one of the conditions for processing data stated in the Data Protection Law exists and the country to which the personal data is to be transferred does not provide adequate protection, data controllers in Turkey and the relevant foreign country must sign a commitment letter outlining adequate protection and get the approval of the data protection authority. This article sets out the......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 26 Aug 2021

Competition board makes first ever settlement decision

The Turkish Competition Board recently announced via its website that an eight-month investigation of several companies has concluded with a settlement decision. This settlement decision is the first of its kind under the new settlement procedure that the Turkish Competition Authority introduced earlier in 2021.
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 19 Aug 2021

New settlement regulation enters into force

The Turkish Competition Authority has recently issued a new regulation which stipulates that the Turkish Competition Board may delay rendering a decision under article 5(1) regarding the parties' request to initiate settlement procedures if more detailed research is deemed necessary to reveal the nature and scope of the alleged violation.
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 29 Jul 2021

Competition authority upholds interim measures against Facebook data sharing

In January 2021 the Turkish Competition Board decided to impose an interim measure against WhatsApp as part of an investigation into whether Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC had violated Law 4054 on the Protection of Competition. The board recently published a decision concerning Facebook and WhatsApp's request for the reassessment of the interim measure decision.
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Gün + Partners | Turkey | 28 Jul 2021

Remote working after covid-19

The Regulation on Remote Working provides that companies do not need employee consent to enforce a partial or full remote working model if there are compulsory grounds for this work arrangement. However, permanently implementing remote working would constitute a material change to the terms and conditions of employment. Therefore, employers who wish to permanently adopt this working model......
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