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Quick Read: Data Protection Law Updates in Turkey – November 2024
In this edition of Quick Read, we summarise the latest updates on data protection law and sector news in Turkey. In this issue: fines imposed on two social media giants; Turkish Data Protection Authority (“DPA”) releases an informative note regarding ChatGPT; president of the DPA attends the 46th Conference of the Global Privacy Assembly; one data breach is announced. Twitch faces fine of TRY 2 million over massive data breach On 16 November 2024, the DPA imposed an administrative fine of TRY 2 million (approximately EUR 55,000) on the social media platform Twitch due to a significant data breach. This fine consists of: TRY 1.75 million Tfor failing
Quick Read: Competition Law Updates in Turkey – November 2024
In November 2024, the Turkish Competition Authority (“TCA”) took decisive steps across various industries, from cleaning products to e-commerce. Below we provide an overview of the TCA’s latest decisions, settlements, and investigations impacting competition in Turkey. Dive into November updates 1. Settlement in the pharmaceutical industry The TCA concluded its investigation into Menarini İlaç and Genveon İlaç with settlement agreements for both companies. These settlements come about as a part of the TCA’s ongoing investigation into (i) gentlemen's agreements with competitors regarding no-poaching of each other's employees, and (ii) anticompetitive information exchanges in the pharmaceutical
KST Law and Kinstellar assisted Felix and Balderton in their investment in Agave Games
KST Law (Kinstellar) is excited to have assisted Felix and Balderton in their investment in Agave Games, the creators of Find My Cat, securing a significant EUR 18 million Series A funding round. This investment highlights the growing potential of the gaming sector and underscores Agave Games' innovative approach to mobile gaming. We worked in close collaboration with Mariott Harrison, led by partner David Strong and trainee solicitor Zeki Turgut. It has been a pleasure working alongside Felix and Balderton on this important milestone. A special thanks to the KST Law team—our partner Emre Özer and associates Sıla Şaylı and Hatice Nur Arslan—for their invaluable contribution in making this transaction a
Turkish Competition Authority adopts the much-anticipated Guidelines on Competition Infringements in Labour Markets
The Turkish Competition Authority (“TCA”) announced on 3 December 2024 that the much-anticipated Guidelines on Competition Infringements in Labour Markets (“Guidelines”) were been adopted by the Competition Board at its meeting on 21 November 2024. The TCA had previously prepared the draft version of the Guidelines (“Draft Guidelines”) and submitted it for public comments via its announcement of 16 September 2024. The TCA has now finalised the Guidelines, also taking into account the comments received on the Draft Guidelines. In its announcement regarding the Draft Guidelines, the TCA stated that it aimed to set out the main principles on the following: the place
Rekabet Kurumu Merakla Beklenen İş Gücü Piyasalarındaki Rekabet İhlallerine Yönelik Kılavuz’u Yayımladı
Aralık 2024 – Rekabet Kurumu (“Kurum”) 3 Aralık’ta yaptığı kamuoyu duyurusuyla merakla beklenen İş Gücü Piyasalarındaki Rekabet İhlallerine Yönelik Kılavuz’un (“Kılavuz”) 21 Kasım tarihli toplantısında kabul edildiğini açıkladı. Kurum, 16 Eylül’de yaptığı kamuoyu duyurusuyla İş Gücü Piyasalarındaki Rekabet İhlallerine Yönelik Kılavuz Taslağı’nı (“Kılavuz Taslağı”) kamuoyunun görüş ve önerilerine açtığını duyurmuştu. Kılavuz Taslağı’na gelen görüş ve önerilerin de değerlendirilmesi ile birlikte Kılavuz nihai hâline ulaşmış ve kabul edilerek rehber olarak kullanılmaya başlanmış oldu. Kurum, Kılavuz Taslağı’nı hazırlayıp kamuoyuyla paylaştığında
Sinan Diniz, a leading Turkish competition law expert, joins KST LAW as Partner
KST LAW in cooperation with Kinstellar is delighted to announce that Sinan Diniz, a highly regarded competition law expert, has joined our team in Turkey as a Partner. Sinan was previously the co-head of the Competition practice in Esin Attorney Partnership, a member firm of Baker McKenzie, where he managed one of the leading competition law practices in the country. Sinan has more than 10 years of competition law experience and assists clients with all aspects of Turkish competition law including merger control, antitrust investigations, exemption filings, and daily compliance queries. His expertise extends to administrative and private litigation, designing competition law compliance programs, and delivering
Quick Read: Data Protection Law Updates in Turkey – September 2024
The Turkish Data Protection Authority (“DPA”) did not publish any decisions or announcements in September; however, several important events took place. We summarise these for you below. A New Era of Cross-Border Data Transfers As of 1 September 2024, data controllers must now comply with the new rules regarding cross-border data transfers introduced by the amendments to the Turkish Data Protection Law ("DP Law") on 12 March 2024. Among the new rules are the introduction of Standard Contractual Clauses (“SCCs”), which are now a key mechanism for managing cross-border data transfers. Data controllers must sign SCCs with their data importers and submit the signed SCCs to the DPA within five days of
Quick Read: Competition Law Updates in Turkey – September 2024
This issue of Quick Read provides an overview of key decisions, announcements, and developments from the Turkish Competition Authority (“TCA”) regarding competition law in September 2024. Dive into September updates 1. New guidelines from the TCA: Ensuring fair play in labour markets The TCA announced new Draft Guidelines on Competition Violations in Labour Markets (“Draft Guidelines”) addressing the increasing focus on competition issues within labour markets. The Draft Guidelines aim to clarify potential labour market violations under Turkish Competition Law. The TCA’s announcement highlights a critical structural characteristic of labour markets: a small number of employers competing
New Communiqué on Commercial E-Message Management Integrators in Turkey
On 18 September 2024, Turkey’s Ministry of Trade published in the Official Gazette the Communiqué on Commercial Electronic Message Management System Integrators ("Communiqué"). The Communiqué introduces new procedures relating to the registration and management of consent for commercial electronic messages in Turkey’s Message Managing System (“MMS”)—a national database where various e-communications approvals are stored and managed. Among the changes introduced, the Communiqué defines business partners that assist service providers with registering approvals in the MMS, approval tracking, and management processes as “Integrators” and authorisation is required for service provision. The Communiqué also
Ticari Elektronik İleti Yönetim Sistemi Entegratörleri Hakkında Tebliğ
Ekim 2024 – Ticaret Bakanlığı tarafından 18 Eylül 2024 tarihli Resmî Gazete ile Ticari Elektronik İleti Yönetim Sistemi Entegratörleri Hakkında Tebliğ (“Tebliğ”) yayınlanarak yürürlüğe girdi. Tebliğ ile uygulamada hizmet sağlayıcıların onaylarının İleti Yönetim Sistemi’ne (“İYS”) kaydı, onay takibi ve yönetimi süreçleri için destek aldıkları iş ortakları; bu Tebliğ kapsamında “Entegratör” olarak tanımlanarak hizmet sunumu için yetkilendirme şartı getirildi. Ayrıca, Tebliğ uyarınca 2025 Mart ayına kadar Ticaret Bakanlığından entegratörlük yetkisi almayanların hizmet sağlayıcı adına ticari elektronik iletilere ilişkin işlem tesis etmesi yasaklandı. Tebliğ’deki
Quick Read: Life Sciences & Healthcare Sector in Turkey – Latest Changes
Recent Regulatory Changes in Life Sciences & Healthcare Sector in Turkey During August and September 2024, the Turkish authorities have introduced a number of changes to the existing regulations and adopted/updated several guidelines that concern the areas of medical devices, pharmaceutical products, and active pharmaceutical ingredients. We summarise the key changes below. Regulation Amendments Amendment to Medical Device Regulation On 17 August 2024, several new provisions amending the Medical Device Regulation were enacted by the Turkish Medicines and Medical Devices Agency (“TMMDA”). Under these new provisions, from 10 January 2025 medical device manufacturers will be subject to the below obligations
Kinstellar and KST Law advise Quexco Incorporated on its acquisition of Mutlu Akü
Kinstellar and KST Law are delighted to have advised Quexco Incorporated, a US-based diversified, private holding company with investments in the lubricants space and a rich history, previously operating in the battery industry, on its acquisition of Mutlu Akü, one of the major auto battery manufacturers in Türkiye, and owner of a waste battery recycling facility, from Metair International Holdings Coöperatief U.A. (a member of Metair Group, a South African listed company). The team was led by Partner Emre Özer, supported by Senior Associate Şeyma Olğun, and Associate Sıla Şaylı. Kinstellar worked in close collaboration with Bowmans, as to South African law, throughout the transaction. Completion of