K&K International Distribution Law Journal, January 2024
We are glad to share that we will be circulating “K&K International Distribution Law Journal” each month from now on. The January 2024 edition of our journal is now published for your perusal.
The New Minimum Attorneyship Fee Tariff
The New Minimum Attorneyship Fee Tariff (“Tariff”) has been published in the Official Gazette dated 21 September 2023 and numbered 32316.
You may find the Tariff below (in Turkish):
https://www.resmigazete.gov.tr/eskiler/2023/09/20230921-4.htm
Presidential Decrees published in the Official Gazette dated 07 July 2023
You can find the increase rates in taxes in line with the Presidential Decrees published in the Official Gazette dated 07 July 2023 and numbered 32241 in the table below.
The Public Announcement of the Personal Data Protection Authority on 19 June 2023
The Personal Data Protection Authority (“Authority”) has published a Public Announcement on its website on 19 June 2023 where it states that despite the several news on various news channels and social media platforms that the personal data of citizens are leaked from public institutions, no data breach notification has been made so far in this respect from the public institutions.
The Authority also announced that due to the similar news on the media before, the Personal Data Protection Board (“Board”), pursuant to its duties and powers granted by Article 22 of the Personal Data Protection Law numbered 6698, has initiated an ex officio inspection regarding the relevant issue and the inspection is in proceed in coordination with the related public institutions.
Academic Overview of the Protection of Personal Data: KVKK Academy Compilation Study
The book titled “Academic Overview of the Protection of Personal Data: KVKK Academy Compilation Study” which evaluates the law on the protection of personal data from various dimensions and includes the studies on the protection of personal data, privacy, data protection law and security of personal data by academics who are experts in their fields, has been published by the Personal Data Protection Authority.
The Book which main sections are given below and in our opinion will be a valuable resource for lawyers in the personal data field and other fields related to personal data, can be accessed from the link below.
Right to Protection of Personal Data
Protection of Personal Data and Ethics
General Concepts
General Principles Under the Law on the Protection of Personal Data
Explicit Consent
Obligation to Respond to the Applications Made by Data Subjects
Application and Complaint Procedures and Obligation to Fulfill Board Decisions
Criminal Offenses Regarding Personal Data
Current Technology and Personal Data
Erasure, Destruction or Anonymization of Personal Data
Sustainable Personal Data Security Governance
Blockchain and Personal Data Protection
Evaluations Regarding the Problems in the Implementation of the Law on Protection of Personal Data in Artificial Intelligence
Protection of Personal Data in Civil Law Relationships
Processing of Personal Data in the Field of Intellectual Property
Protection of Personal Data under the Law of Civil Procedure
Processing of Personal Data in Labor Law
Processing of Personal Data in the Health Sector
https://kvkk.gov.tr/SharedFolderServer/CMSFiles/0cd33e96-77cf-4989-b29b-d331af6a463f.pdf
The Annual Conference of the International Distribution Institute (IDI)
The Annual Conference of the International Distribution Institute (IDI) will be held on 9 – 10 June 2023 in Bologna. Att. Dr. Hikmet Koyuncuoğlu, the partner of our law firm and IDI Franchising Country Expert for Turkey, will be speaking regarding the topic “Penalty and Liquated Damages Clause: Where Can They Be Declared Null or Readjusted by Courts” during the discussion panel 9th of June between 10:20 – 10:50 am.
You may find the full program below.
Meta Decision of Turkish Competition Board
Turkish Competition Board (the “Board”) concluded the investigation about Meta Platforms Inc. (previous title Facebook Inc.), Meta Platforms Ireland Limited (previous title Facebook Ireland Limited), WhatsApp LLC and Madoka Turkey Bilişim Hizmetleri Ltd. Şti. and the Board determined that Meta Platforms Inc. has violated article 6 of the Act Nr. 4054 and fined Meta 346.717.193,40 Turkish Liras for abusing its dominant position in the social media and online advertising markets by collecting personal data through its own “Facebook, Instagram and WhatsApp” services, thereby obstructing the activities of its competitors and created barriers to entry into the market.
You may find the announcement through the link below (in Turkish).
The Regulation Amending Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position
The Regulation Amending Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position entered into force through publication in the Official Gazette dated 15.06.2022 and numbered 31867. With the amendment, the definition and content of the term that is called “annual gross revenue” which is a determinative for the Turkish Competition Board (the “Board”) about the fines that are given by the Board to the undertakings (enterprise) has expanded. The previous regulation identified the “annual gross revenue” as “the net sales in the uniform account plan, or if this cannot be calculated, the revenue closest to the net sales, which is to be determined by the Board”. The new regulation includes not only the definition in the previous regulation, but also the real operating incomes of the undertakings that are accounted under the account items which are not taken account in the calculation of the net sales, such as ordinary incomes or profits from their other activities.
The Law Amending the Attorney’s Act and the Turkish Code of Obligations
The Law Numbered 7409 Amending the Attorney’s Act and the Turkish Code of Obligations entered into force through publication in the Official Gazette dated 11.06.2022 and numbered 31863. With the provisional article that has been added to the Turkish Code of Obligations dated 11/1/2011 and numbered 6098, increases in annual rent fees in residential lease agreements that are renewed between June 11, 2022 and July 1, 2023 have been limited to 25 %. If the rate of change in the consumer price index of the previous rental year is below twenty-five percent compared to the twelve-month average, the lower rate of change shall be applied as the rent increate rate. Also, with the amendment on the Attorney’s Act, provided that it does not hinder the legal intern’s internship, working as an insured employee in any work will no longer prevent the legal internship. With the exception of judicial and administrative judiciary judges and prosecutors and candidate judges and prosecutors, those who work in staff or positions of public institutions and organizations can also do legal internships during their duties.
Amendment to the Associations Regulation
The Regulation on The Amendment to The Associations Regulation (“Regulation”) published in the Official Gazette dated 21.10.2021. With the Regulation, the provision of article 15/A has been included in the 15th article of the Regulation on Associations, which regulates the association meeting procedures (General Assembly and Board of Directors) which can be held via electronic systems. These General Assembly and Board of Directors meetings can be held via electronic systems that are approved by the Ministry of Internal Affairs Information Technologies General Directorate.
In this regard, the Regulation emphasizes that the data to be processed in the aforementioned systems will be processed and stored in accordance with the provisions of the Personal Data Protection Law No. 6698. Also, the resolution of the Board of Directors to be taken electronically should be stored in electronic mediums, separated from the board resolution book kept in the physical environment. The Regulation aims that, the electronic systems which will be used, should have a design, backup and archiving capacity in accordance with the legislation and it should also provide the necessary network and system security against unauthorized access and cyberattacks.