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Türkiye Introduces New Rules for Cross-Border Transfers of Personal Data – Key Takeaways

Data Protection | Articles

Türkiye Introduces New Rules for Cross-Border Transfers of Personal Data – Key Takeaways

Introduction The Turkish Parliament has passed the law amending the Law on the Personal Data Protection numbered 6698 (“PDPL”) with the aim to align the relevant cross-border rules with those of the European Union General Data Protection Regulation (“GDPR”). The changes were adopted on 12 March 2024, with effect from 1 June 2024. As part of the amendments, the Turkish Data Protection Authority (“Authority”) published the Regulation on Cross-Border Transfers of Personal Data (“Regulation”) in the Official Gazette on 10 July 2024 with immediate effect1. This piece of legislation provides a structured framework for managing international data transfers. So, companies transferring customer data overseas now need to adhere to the new procedures to ensure compliance.

The Evaluation of the TCA’s Recent Decisions Regarding the FMCG Sector

Competition Law | Articles

The Evaluation of the TCA’s Recent Decisions Regarding the FMCG Sector

The reasoned decisions regarding the two separate investigations conducted independently by the Turkish Competition Authority (“TCA”) against suppliers operating in the fast-moving consumer goods (“FMCG”) market were published on the official website of the TCA in May 2024. Both decisions set significant precedents regarding “resale price maintenance”, which the TCA has particularly focused on in recent years. Information regarding the relevant investigations and their outcome is provided below as follows:

The Evaluation of the TCA’s Recent Decisions Regarding the FMCG Sector

Competition Law | Articles

The Evaluation of the TCA’s Recent Decisions Regarding the FMCG Sector

The reasoned decisions regarding the two separate investigations conducted independently by the Turkish Competition Authority (“TCA”) against suppliers operating in the fast-moving consumer goods (“FMCG”) market were published on the official website of the TCA in May 2024.

Competition Law | Articles

The Evaluation of the TCA’s Recent Decisions Regarding the FMCG Sector

The reasoned decisions regarding the two separate investigations conducted independently by the Turkish Competition Authority (“TCA”) against suppliers operating in the fast-moving consumer goods (“FMCG”) market were published on the official website of the TCA in May 2024.

TCA Revises Interim Measures for Maçkolik Upon Re-Assessment

Competition Law | Articles

TCA Revises Interim Measures for Maçkolik Upon Re-Assessment

In its decision dated 12.10.2023 , the Turkish Competition Authority (“TCA”) revised certain parts of its interim measures that were made binding upon Mackolik İnternet Hizmetleri Ticaret A.Ş. (“Maçkolik”) – a sports live score tracking application – earlier with its decision dated 07.09.2023 upon Maçkolik’s application for re-assesment pursuant to Article 11 of the Turkish Administrative Procedure Law No. 2577 (“Law No. 2577”) (“Maçkolik II Decision”), by a majority vote. Accordingly, the TCA concluded, regarding the request of Maçkolik to be allowed to carry out its activities through separate websites that meet the TCA’s concerns in its application, alteration of its former assessments on the concrete case became necessary since Maçkolik’s such revisions provided the necessary remedies to address a solution for both websites to coexist.

Türkiye: Why data commodification warrants updates to current regulatory framework

Competition Law | Articles

Türkiye: Why data commodification warrants updates to current regulatory framework

In today’s world, data has become increasingly important for powering the economy and driving innovation and this trend seems likely to persist. The importance of data in competition law is also increasing as the number of sectors using data and the influence of data on competitive dynamics continue to expand.

Unveiling the Countervailing Duty Investigations: From Turkish Lens

Competition Law | Articles

Unveiling the Countervailing Duty Investigations: From Turkish Lens

It has been 30 years since the Agreement on Subsidies and Countervailing Measures (“ASCM”) of the World Trade Organization (“WTO”) entered into force. Its objective is to ensure fair trade practices by offsetting the market distortions caused by subsidies provided by the exporting countries’ governments that harm domestic industries in importing countries. ASCM lays down rules for Countervailing Duty (“CVD”) investigations, which can be undertaken by any WTO member state. As of March 2024, a total of 381 CVD investigations have been initiated. To provide context, this figure represents approximately 10% of the most popular trade remedial tool, i.e., anti-dumping investigations, with more than 3,200 investigations initiated until March 2024.

Undertakings Operating in the Cosmetics Sector are under the TCA Radar

Competition Law | Articles

Undertakings Operating in the Cosmetics Sector are under the TCA Radar

In recent years, the Turkish Competition Authority (“TCA”) has markedly intensified its scrutiny of undertakings operating in the cosmetics sector with greater frequency, predominantly based on allegations of resale price maintenance and the restriction of online sales in this industry.

Commercial Vehicles Sector Cleared of Illegal Info Exchange Allegations

Competition Law | Articles

Commercial Vehicles Sector Cleared of Illegal Info Exchange Allegations

There has always been a thin line between legitimate market research and potentially anticompetitive information exchanges. Caselaw on such matters is of a particular importance. On 01 January 2023, a preliminary inquiry into several undertakings active in the light and medium class and heavy commercial vehicles market[1] was initiated to determine whether these undertakings had violated Article 4 of Law No. 4054 on the Protection of Competition (“Turkish Competition Law”) (the equivalent of Article 101 TFEU) via exchange of information.

TCA’s Hefty Fine on Nestle Due to Vertical Restraints in Light of Highlights from Oral Hearing

Competition Law | Articles

TCA’s Hefty Fine on Nestle Due to Vertical Restraints in Light of Highlights from Oral Hearing

On 21.02.2024, the Turkish Competition Authority’s (“TCA”) decision imposing an administrative fine of TRY 346,911,505.44 (approx. EUR 10.4 million) on Nestle Türkiye Gıda Sanayi A.Ş. (“Nestle”) was published on the TCA’s official website .

Awareness is the New Black? The TCA Decided Not To Fine An Undertaking for Data-Deletion During an On-site Inspection

Competition Law | Articles

Awareness is the New Black? The TCA Decided Not To Fine An Undertaking for Data-Deletion During an On-site Inspection

Turkish Competition Authority (“TCA”) decided not to fine Berkler Danışmanlık ve Gayrimenkul Ticaret Ltd. Şti. (“Berkler”) for hindrance of the on-site inspection through data deletion on the grounds that (i) the relevant employee was not present in the company premises during the inspection and (ii) (s)he was unaware of the subject-matter of the inspection and (iii) of his/her obligation not to delete any data during the inspection.

Preventing Data Portability as Abuse of Dominance

Competition Law | Articles

Preventing Data Portability as Abuse of Dominance

On 23 August 2023, the Turkish Competition Authority (“TCA”) announced that it had fined Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret A.Ş. (“Sahibinden”) for abuse of dominance and required the undertaking to implement certain remedies.

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