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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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.

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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.  

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The Law on Restructuring Certain Receivables and Amending Certain Laws ("Law") numbered 7256 has been published in the Official Gazette dated 17.11.2020 and numbered 31307. Subsequently, in order to determine the procedures and principles regarding the implementation of the provisions of the provisional article 93, added to the Income Tax Law numbered 193 with Article 21 of the Law, General Communiqué on the Inclusion of Certain Assets to the Economy (Serial No: 1) ("Communiqué") has been published in the Official Gazette dated 28.11.2020 and numbered 31318 by the Ministry of Treasury and Finance. The aforementioned Communiqué includes explanations on bringing money, gold, foreign currency, securities and other capital market instruments abroad belonging to real and legal persons’ to Turkey, and the process regarding money, gold, foreign exchange, securities and other capital market instruments owned by income or corporate taxpayers and held in Turkey, but that have not been included in the legal book records and immovable being notified to tax offices in order to be recorded in legal book records, for the purposes of including said assets in the national economy.

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The Law on Restructuring Some Receivables and Amending Some Laws ("Law") dated 11.11.2020 and numbered 7256,  published in the Official Gazette dated 17.11.2020 and numbered 31307. Subsequently, the Communiqué on the Restructuring of Customs Duty under Law No. 7256 ("Customs Communiqué") and the General Communiqué of Law No. 7256 on Restructuring of Certain Receivables ("General Communiqué") were published in the Official Gazette dated 27.11.2020 and numbered 31317.