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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Turkey section of Lexology Getting the Deal Through Cryptoassets & Blockchain 2021 is authored by SRP-Legal and it includes the evaluations of Turkish regulatory authorities, banks and other financial institutions regarding cryptoassets and blockchain, particularly bitcoin; future plans of Turkey in these matters including the legislation; actions of the Blockchain Turkey Platform regarding cryptoassets; and brief information on legal regulations stipulated within the framework of Covid-19 in Turkey. Lexology Getting the Deal Through Cryptoassets & Blockchain 2021 includes the benchmark of 10 other countries besides Turkey.

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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 December.

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On 15.12.2020, the European Commission (“Commission”) submitted the proposal of the drafts of the Digital Services Act (“DSA”) and the Digital Markets Act (“DMA”).More specific and additional obligations are imposed on very large online platforms with the DSA. In accordance with the regulations within the scope of the DSA, all online intermediaries offering their services in the single market, regardless of whether they are in the European Union ("EU"), are obliged to comply with the new rules. The DSA also imposes clear obligations on internet operators regarding user complaints against illegal acts.

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The Personal Data Protection Board (“Board”), in its Principle Decision dated 22.12.2020 and numbered 2020/966 (“Principle Decision”), envisaged that the data controllers should establish mechanisms enabling them to confirm the contact information of the data subjects in order to prevent the personal data of the data subjects from being sent to third parties through communication channels such as mobile phone or e-mail, as contrary to Articles 4 and 12 of the Personal Data Protection Law numbered 6698 (“PDP Law”).

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As a result of the complaint of the data subject complainant, regarding the data controller Bank (“Data Controller”) who did not fulfil its obligation to inform in accordance with Article 11 of the Personal Data Protection Law numbered 6698 (“PDP Law”), the Personal Data Protection Board (“Board”) rendered a decision dated 08.10.2020 and numbered 2020/766 (“Decision Dated 08.10.2020”) regarding the Bank’s failure to comply with the previous Board Decision dated 06.02.2020 and numbered 2020/98 (“Decision Dated 06.02.2020”), which required the correction of the deficiencies in the Bank’s privacy notice.

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The Personal Data Protection Authority (“Authority”) issued statements through a public announcement published on 16.12.2020 (“Announcement”), regarding personal data of the data subjects made public in accordance with the personal data processing activities. In the Announcement, the Authority stated that making public should be interpreted in a different and narrow manner compared to disclosing personal data to the public; it should be defined as disclosing personal data to the public by the data subject with the intention and purpose to make the personal data public.