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 (“Board”) rendered a decision dated 24.11.2020 and numbered 2020/905 (“Decision”) regarding a data controller insurance company’s (“Data Controller”) failure to take the necessary technical and administrative measures to ensure data security and to fulfill the obligation to notify data breach.

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One of the important problems relating to the protection of consumers is the application of a hidden price increase by reducing the weight, quantity and similar aspects of basic consumption products, mainly foods and cosmetics and cleaning products. In order to prevent these, an amendment has been made in the secondary regulation. In this context, the amendment made to the Regulation on Commercial Advertising and Unfair Commercial Practices is as follows:

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With the Constitutional Court Decision ("Decision") dated 12.01.2021 and numbered 2018/31036 and published in the Official Gazette dated 05.02.2021 and numbered 31386, the allegations regarding the violation of the right to demand the protection of personal data and freedom of communication within the scope of respect for private life, were decided upon. The case manifested itself in the form of the termination of the employment contract by the employer of the applicant working in a private bank, due to his correspondence via corporate e-mail investigated by the employer.

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The Presidential Decree ("Decree") published in the Official Gazette dated  04.02.2021 and numbered 31385 regulates the procedures and principles regarding the deferral of debts arising from low-interest loans used with the guarantee of Tradesmen and Craftsmen Credit and Guarantee Cooperatives (“TCCGC”)  or directly from HalkBank, by the tradesmen and craftsmen whose businesses are economically damaged due to COVID-19 and who are operating throughout Turkey under the Turkey Tradesmen and Craftsmen Credit and Guarantee Cooperatives Central Union. The aforementioned decision entered into force on the date of publication, effective as of 01.01.2021. The provisions regulated by the Presidential Decree are as follows:

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COVID-19 continues to lead to changes and setbacks in numerous issues worldwide and in our country. Many measures have been taken to address these setbacks. Additionally, regulation amendments have been introduced. Measures have also been taken in order to protect taxpayers within the scope of the policies taken against the pandemic. Many regulations have been introduced to provide taxpayers with various opportunities. The regulations regarding deferral of the tax payments are as follows:

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On 08.01.2021, Central Bank of Turkey ("CBT”) made a press announcement regarding the new generation 24/7 instant retail payment application, Instant and Continuous Transfer of Funds ("ICTF") system. The system has been proceeded as of 08.01.2021. With the ICTF System, the Easy Addressing System that allows electronic payment systems to be used in a practical and easy way through using Turkish Republic Identity Number, telephone number and e-mail address has also been opened to use.

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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.