Delivering Correct Information to Our Clients
On Time is Among Our Priorities

SRP-Legal

Delivering Correct Information
to Our Clients On Time
is Among Our Priorities

SRP-Legal

Updates

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The Personal Data Protection Board Decision No. 2021/571 and dated 09/06/2021 on the Obligation to Register Economic Enterprises Belonging to the Data Controllers Registry of Foundations, Associations and Trade-Unions has been published in the Official Gazette dated 24 June 2021. Pursuant to the Decision of the Personal Data Protection Board (“Board”) dated 22/04/2020 and numbered 2020/315 and the amended Decision dated 02/04/2018 and numbered 2018/32, it has been provided exception to “associations, foundations and trade-unions established in Turkey that process personal data only in accordance with the relevant legislation and purposes, limited to their fields of activity”.

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Our “Legal Adaptation Process to Covid-19” Bulletin including the legal measures taken specific to economic and commercial engagements in terms of Covid-19 pandemic, which emerged in January 2020 and has an impact all over the world, is updated with the legal regulations introduced in June 2021.

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The Personal Data Protection Board (“Board”) rendered a decision dated 20.04.2021 and numbered 2021/407 (“Decision”) regarding the data breach notice of a data controller hospital (“Data Controller”). In the Decision, within the scope of the data breach notice submitted by the Data Controller, it was stated that (i) the breach was carried out with the instruction of the physician working in the hospital, by removing the files of the patients out of the hospital by the hospital staff; (ii) the employee who attempted to extract the file was detected 17 days after it was videotaped; (iii) all but one of the employees involved in the breach was given a training on protection of personal data prior to occurrence of the data breach; (iv) the Personal Data Protection Authority (“Authority”) was notified to the Board 25 days after the breach occurred, due to the reasons included in the breach notification regarding late notification.

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It was announced that the “Guideline to Privacy in Digital Games” (“The Guideline”) drafted by the Information Technologies and Communications Authority (“Authority”) was published on the official website of the Authority on 01.06.2021. The guideline provides information on the current state of digital games, what digital privacy is, how to protect against threats in digital games, threats in online games, and what cyberbullying is. Some of the key issues organized by the Guideline are as follows:

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The Draft Regulation on Remote Identification Methods and Establishment of Contractual Relations in Electronic Environment to be Used by Financial Leasing, Factoring, Financing and Saving Financing Companies, ("Draft Regulation") has been drafted by the Banking Regulation and Supervision Agency (“Authority).  The Draft Regulation has been published on the official website of the Authority on 07.05.2021.

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The Report on “Competition and Data Protection in Digital Markets: a joint statement between the CMA and the ICO” (“the Report”) has been published by UK Competition and Markets Authority (“CMA”) on 19.05.2021. The Report sets out how to enhance the synergies between the policy agendas and, where to identify the potential for tensions, explains how to address them.

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Our “Legal Adaptation Process to Covid-19” Bulletin including the legal measures taken specific to economic and commercial engagements in terms of Covid-19 pandemic, which emerged in January 2020 and has an impact all over the world, is updated with the legal regulations introduced in April 2021.

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Within the framework of the Regulation on the Amendment of the Regulation on Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism which entered into force through the Presidential Decision dated 30.04.2021 and numbered 3941 published in the Official Gazette dated 01.05.2021 and numbered 31471, the crypto asset service providers have been specified among the “Obliged Parties” stated under the Regulation on Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism (“Regulation”).

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Influencers also known as social media celebrities are people who have large number of followers on social media and have the capacity to influence this audience and thus have the effect of changing the purchasing decisions of their followers. Viral marketing method is mostly made by the "Influencer". However, in advertising activities, it is especially necessary to act in accordance with the competition law and to comply with the newly introduced tax regulation. Some of legal regulations regarding advertising and marketing activities carried out through influencers are as follows: