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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
Enerji Sektöründe Siber Güvenlik Yetkinlik Modeli Yönetmeliğinde Yapılması Öngörülen Değişiklikler
Haziran 2024 – Enerji sektöründe kullanılan endüstriyel kontrol sistemlerinin siber güvenliğini gelişen ihtiyaç ve tehditlere göre iyileştirmeye, asgari kabul edilebilir güvenlik seviyelerini tanımlamaya ve bu kontrol sistemlerinin siber dayanıklılığına, yeterliliğine ve olgunluğuna ilişkin usul ve esasları düzenlemek amacıyla Enerji Piyasası Düzenleme Kurumu (“EPDK”) tarafından aşağıda sayılan tüzel kişileri (“Yükümlü Kuruluşlar”) kapsayan Enerji Sektöründe Siber Güvenlik Yetkinlik Modeli Yönetmeliği (“Yönetmelik”) hazırlanmış ve söz konusu Yönetmelik 2023 yılında yürürlüğe girmişti: Elektrik dağıtım lisansı sahipleri; Sevkiyat kontrol merkezi kurmakla
Amendments to the Turkish Regulation on the Cybersecurity Competency Model in the Energy Sector
In 2023, Turkey’s energy regulator, the Energy Market Regulatory Authority (“EMRA”), introduced the Regulation on the Cybersecurity Competency Model in the Energy Sector (“Regulation”) in order to (i) improve the cybersecurity of industrial control systems used in the energy sector according to evolving needs and threats, (ii) define minimum acceptable security levels, and (iii) regulate the procedures and principles regarding the cyber resilience, competence and maturity of these control systems. The following legal entities (“Obliged Entities”) are subject to the Regulation: electricity distribution licence holders; natural gas distribution licence holders obliged to establish a dispatch control
Daily administrative fines on Google ceased
On 10 June 2024, the Turkish Competition Authority (the “Authority”) announced its latest decision on Google. With this decision, the Authority has imposed a total administrative fine on Google of TRY 482 million (approximately USD 14.9 million). Background In 2021, the Authority fined Google TRY 296 million (approximately USD 9.2 million) due to the company’s violation of Turkish Competition Law in the “local search services” market. The violations included: giving its own local search (Local Unit) and accommodation price comparison (Google Hotel Ads-GHA) services an advantage over its competitors in terms of position and display on the general search results page; preventing competitor
Breaking News: Turkish Competition Authority initiates an investigation against Apple
The Turkish Competition Authority (the “Authority”) has announced an investigation into technology major Apple. The focus is on whether Apple's behaviour of not allowing the use of alternative payment systems in the App Store and its anti-steering policies for mobile application developers constitute an abuse of dominant position. As part of a broader Mobile Ecosystems Sector Review (the “Sector Review”), the Authority is examining the structure and functioning of the market for mobile smart devices and software. This Sector Review includes an analysis of Apple’s agreements with application developers and the Application Review Directive. Consequently, the Authority suspects that Apple may be placing certain
Türk Ticaret Kanunu’nda Önemli Değişiklikler!
Haziran 2024 –3 Mayıs tarihinde TBMM Başkanlığı’na sunulan Türk Ticaret Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun Teklifi (“TTK Değişiklikleri”) TBMM’de kabul edildi ve 29 Mayıs tarihinde Resmî Gazete’de yayımlanarak yürürlüğe girdi. TTK Değişiklikleri ile Türk Ticaret Kanunu’nun (“TTK”) bazı maddelerinde (i) şirket işlemlerinde kolaylık sağlanması ve (ii) belirli konularda uygulamada yaşanan tereddütlerin giderilmesi amaçları ile aşağıdaki hususlarda düzenleme yapılması öngörülmektedir: anonim şirketlerde yönetim kurulu başkan ve başkan vekilinin, yönetim kurulunun görev süresi ile uyumlu olarak seçilebilmesine imkan tanınması; şirketin