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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
Quick Read: Competition Law Updates in Turkey – August 2024
This issue of Quick Read provides an overview of the Turkish Competition Authority’s (“TCA”) decisions and announcements and other developments in Turkish competition law during August 2024. Dive into August updates 1. Settlement on no-poaching in the pharmaceutical labour market The TCA concluded its investigation into pharmaceutical companies Bilim İlaç and Drogsan İlaç regarding allegations of anti-competitive no-poaching agreements with their competitors to avoid hiring each other's employees in the labour market with a settlement. As part of the settlement, Bilim İlaç was fined TRY 155,488,332.29 (approximately USD 4.58 million), while Drogsan Pharmaceuticals was fined TRY 30,593,234.79 (approximately
Quick Read: Data Protection Law Updates in Turkey – August 2024
In August, the Turkish Data Protection Authority (“DPA”) focused on several key issues including updates on personal data processing, the release of translated by-laws and standard contract clauses, the announcement of an intergovernmental partnership, and details of two data breach notifications. Quick reminder: Cross-border data transferring rules effective from 1 September! As of 1 September 2024, data controllers must comply with the new rules on cross-border data transfers introduced by the amendments to the Turkish Data Protection Law (“DP Law”) on 12 March 2024. Importantly, data controllers will no longer be allowed to rely on explicit consent for ongoing cross-border data transfers. You can
Quick Read: Data Protection Law Updates in Turkey – July 2024
The agenda of Turkish Personal Data Protection Authority (“DPA”) for July included the anticipated regulation on the transfer of personal data abroad and the implementation of new standard contract clauses. Also in July, the DPA published the second issue of its KVKK Journal and the fourth edition of its Bulletin. Dive into July updates 1. Regulation on cross-border personal data transfer is published Following the recent amendments to the Turkish Personal Data Protection Law (“DP Law”), the DPA published the "Regulation on the Procedures and Principles Regarding the Transfer of Personal Data Abroad" on 10 July 2024. This regulation is a significant component of the changes to the DP Law. Key aspects
Quick Read: Competition Law Updates in Turkey – July 2024
This issue of Quick Read provides an overview of the Turkish Competition Authority’s (“TCA”) decisions, announcements, and developments in competition law for July 2024. Dive into July updates 1. Double impact: Investigations in the glass recycling market The TCA has intensified its scrutiny of glass manufacturer Şişecam and its subsidiary, Şişecam Çevre Sistemler, for potentially hindering competitors in the glass recycling sector. After a preliminary investigation in 2021, Şişecam offered commitments to the TCA. In 2024, a follow-up inspection led the TCA to launch a full-fledged investigation into compliance with these commitments. In addition, the TCA initiated a separate, full-fledged
Turkey's Crypto Law now in effect: Key updates and compliance requirements
On 2 July 2024, Turkey enacted new provisions to its Capital Markets Law to regulate crypto assets (“Crypto Law”). These provisions, published in the Official Gazette, grant the Capital Markets Board of Turkey ("CMB") the authority to supervise crypto asset service providers ("Service Providers"). What do the new provisions cover? The primary focus of the Crypto Law is to regulate the following key areas: defining the core concepts, such as crypto assets, wallets, platforms and Service Providers; outlining the obligations and principles for Service Providers; defining the rules for transactions conducted with customers; establishing principles for the transfer and storage of
Quick Read: Competition Law Updates in Turkey – June 2024
Agenda of the Turkish Competition Authority in June This issue of Quick Read summarises the decisions, announcements and important competition law events published by the Turkish Competition Authority (“TCA”) in June 2024. Dive into June updates Under the lens: TCA scrutinises Apple's App Store payment policies In early June, the TCA launched an investigation into technology major Apple, focusing on whether their App Store practices violate Turkish Competition Law. Key concerns include Apple's policies that prohibit developers from using alternative payment methods in the App Store and enforcement of anti-steering measures aimed at mobile application developers. These actions are under scrutiny to determine if
Quick Read: Data Protection Law Updates in Turkey – June 2024
Overall: Agenda of the DPA in June The agenda of the Turkish Data Protection Authority (“DPA”) was relatively quiet in June. However, preparations are underway for upcoming regulations and standard contractual clauses related to cross-border data flows. A significant change is approaching for data processing activities involving cross-border data transfers based on explicit consent. From 1 September 2024, data controllers will no longer be allowed to continuously transfer personal data abroad solely relying on explicit consent. The new process for the transfer of personal data abroad requires a three-step assessment, where data controllers must review their international data transfer activities, including the recipients