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PROCESSING PERSONAL DATA AND PROTECTION OF PRIVACY IN THE ELECTRONIC COMMUNICATION SECTOR 26 January 2021
Within the scope of the Regulation on The Processing of Personal Data and the Protection of Privacy in the Electronic Communication Sector ("Regulation") published in the Official Gazette dated 4 December 2020 and numbered 31324; the procedures and principles to be followed by the operators operating in the electronic communications sector in terms of the data they obtain within the scope of providing electronic communication services including legal person subscriptions are regulated. In terms of the Regulation, the company that provides electronic communication services and/or provides electronic communication network and operates its infrastructure is defined as "Operator". The natural person or legal entity who is a party to a contract made with an Operator for the provision of electro...
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CAN COVID-19 VACCINATION BE COMPULSORY IN TURKEY? 19 January 2021
The hopes for the end of the pandemic increased with the successful results of the ongoing vaccination studies while the negative effects of Covid-19 persist. With the emergence of vaccine studies that have proven to be successful as a result of scientific research, the distribution of millions of doses of vaccine has begun on a global scale. As of the date this article was written, Turkey is also known to be involved in the distribution chain, with 50 million doses of vaccine in the first stage. While vaccine distribution continues, there are discussions about whether the vaccination can be made mandatory under current conditions and what the legal basis of the application will be.
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THE REAL PROPERTY ACQUISITION OF FOREIGN LEGAL ENTITIES IN TURKEY 25 December 2020
Foreign Legal Entity Concept When determining the foreign legal entities, it is necessary to examine them in the form of partnerships, associations and foundations. Although partnerships are legal entities established for the purpose of sharing profits in this respect, there is no profit purpose in associations and foundations. The provisions of the Turkish Commercial Code determine whether a partnership carries foreigners under Turkish law. According to this, partnerships established under Turkish law and with the headquarters in Turkey are considered Turkish partnerships, while partnerships outside Turkey are considered foreign. The branches of abroad-based partnerships in Turkey are registered as Turkish commercial enterprises and carry the nature of the foreign center.
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SOCIAL NETWORK PROVIDER CONCEPT AND OBLIGATIONS 23 December 2020
Under the Law on Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Law"); liabilities and responsibilities of content providers, hosting providers, access providers, collective use providers and the principles and procedures regarding the fight against certain crimes committed on the internet through content, hosting and access providers are regulated. Within the scope of the Law, with the amendment made on 31.07.2020, the concept of social network providers was introduced and some obligations and sanctions were stipulated for the same. Following the entry into force of the amending provisions on 01.10.2020, the fulfillment of these obligations by the social network providers defined in the Law and the imposition of various sanctions such as adm...
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COEXISTENCE AGREEMENT UNDER TRADEMARK LAW 22 December 2020
Coexistence Agreement Agreements called "coexistence agreements" in trademark law; it is made between two or more trademark owners of the same or similar trademark, and allows trademarks to coexist peacefully without the possibility of confusion. In Turkish law, the coexistence agreement of trademarks appears within the scope of the Industrial Property Law No. 6769 ("IPL"). Accordingly, the coexistence agreement within the framework of the IPL is foreseen as consenting to the registration of the trademark application.
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INSPECTION OF CORPORATE ELECTRONIC MAILS BY THE EMPLOYER 18 December 2020
Today, with digitalization, correspondence mostly takes place electronically. Especially in business life, internal and external correspondences are delivered via e-mail. Suitable working environments are created by allocating computers and e-mail addresses to the employees by the employer. These computers and e-mail addresses are used by the employees for the performance of the work in accordance with the employment contract, but are deemed to belong to the employer. In this framework, it is seen that in practice, employers inspect the e-mail correspondence of employees within the scope of management and inspection rights.
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EMPLOYEES THAT NOT SUBJECT TO LABOR LAW AND THEIR RIGHTS 16 December 2020
Under Turkish law, certain works and employment relationship are excluded from the scope of the Labor Law (“LL”). Works that are not included in the scope of the LL are determined in article 4 of the LL. According to this; employees in sea and air transportation, employees who work in agricultural and forestry workplaces or enterprises employing fifty or less than fifty workers, employees working in all kinds of agricultural construction works within the boundaries of the family economy, employees who work at home and in handicraft businesses among members of a family and their relatives up to the third degree (including third degree) with no outside participation, household employee, apprentices, athletes, rehabilitated employees and employees working in workplaces where three people work...
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MALICIOUS REGISTRATION AND SANCTIONS UNDER INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS 16 December 2020
WHAT IS THE TRADEMARK? Trademark is defined as the marks that distinguish the goods or services of an enterprise from the goods or services of other enterprises. Trademark right and protection of this right are regulated within the scope of the Industrial Property Law ("Law"). Marks that can be trademarks are specified in Article 4 of the Law. According to this the trademark can consist of all kinds of marks, words, including personal names, figures, colors, letters, numbers, sounds and the shape of the goods or their packaging. However, according to the Law, the trademark must have the conditions to distinguish the goods or services of an enterprise from the goods or services of other enterprises and to be demonstrated in the registry so that the subject of the protection provided to the...
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SCOPE OF THE EMPLOYEES' DUTY OF CONFIDENTIALITY 15 December 2020
DUTY OF LOYALTY To better understand the scope of the obligation of confidentiality (secrecy) of the employee, which demonstrates itself as a sub-obligation of the duty of loyalty, it is necessary to address the duty of loyalty first. However, all statements made for the duty of loyalty will also apply to the obligation of confidentiality.
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THE PRINCIPLE OF “ULTIMA RATIO” IN TERMINATION OF EMPLOYMENT CONTRACT 14 December 2020
With the Labor Law numbered 4857, the concept of "valid reason" has been introduced to the Labor Law in addition to the "just cause" concept as a reason for the termination of the employment contract. With the aforementioned provisions, the law restricts the employer's right to terminate "until there is a valid reason" in cases where there are no justified reasons listed in Article 25 of the Labor Law. However, the valid reason is not defined but only stated that the valid reasons can arise from the competence or behavior of the employee or the requirements of the enterprise, workplace or job. Cases that do not constitute a valid reason are also listed. Besides, the concept was explained in the justification of the Labor Law numbered 4773 and 4857 as "Although the valid reasons are not as ...
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