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A Modernized Robinson List: Turkey Introduces Its Commercial Electronic Message Management System

Regulation | Articles

A Modernized Robinson List: Turkey Introduces Its Commercial Electronic Message Management System

Turkey introduced on January 4, 2020 the Commercial Electronic Message Management System ("IYS" or "System") through the Regulation on the Amendment of the Regulation on Commercial Communication and Commercial Electronic Messages ("Amendment"). With the Amendment, companies (or persons) ("Service Providers") that send commercial electronic messages for marketing purposes will be obliged to comply with certain rules, including being registered with the IYS – a system similar to donotcall.gov of the U.S. Federal Trade Commission or the Telephone Preference Service of the U.K. Office of Communications, all of which serves as a Robinson list of the consumers ("Recipients").

ACM has Imposed a Fine of 1.84 million Euros for Deleting WhatsApp Chat Conversations During a Dawn Raid

Competition Law | Articles

ACM has Imposed a Fine of 1.84 million Euros for Deleting WhatsApp Chat Conversations During a Dawn Raid

Dawn raids may become a nerve-racking experience for companies that are under scrutiny of competition authorities and their employees. During a dawn raid, which is performed without prior notice, employees of the relevant undertaking who lack proper training may act in a way that can expose their companies to monetary fine. Dawn raids are often problematic for the companies, since employees may tend to hide or destroy evidence, due to their lack of knowledge of the fact that they should fully cooperate with the competition authority, when an on-the-spot inspection is being conducted.

Banks are under Scrutiny of the Turkish Data Protection Authority

Data Protection | Articles

Banks are under Scrutiny of the Turkish Data Protection Authority

Since the enactment of Turkish Personal Data Protection Law no. 6698 ("DP Law"), banking sector has become a field which is subject to close examination of the Turkish Data Protection Authority ("DPA"). It is no surprise that banks have been investigated by the DPA several times and will be under scrutiny for many more times due to the fact that their daily operations include significant amounts of personal data. As such, banks need to realize their responsibilities arising under the DP Law as soon as possible and take the necessary step without delay. Here, the actions taken by the DPA regarding banking sector, and banks in particular, will be explained.

The Turkish Competition Authority Imposes a Daily Fine on a Big Tech Company for not Complying with Obligations Previously Imposed (Google)

Competition Law | Articles

The Turkish Competition Authority Imposes a Daily Fine on a Big Tech Company for not Complying with Obligations Previously Imposed (Google)

Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as “Google” collectively, hereinafter) pursuant to the TCA’s decision dated 19.09.2018 and numbered 18-33/555-273 (“Infringement Decision”).

Enforcement of International Arbitration Awards

International Trade | News

Enforcement of International Arbitration Awards

On 10.12.2019 our associate Baran Can Yildirim gave a lecture on the Enforcement of International Arbitration Awards at Bogazici University as a guest lecturer in the International Economic Law course of the International Trade Department.

Online Food and Grocery Delivery Markets are Getting Crowded Thanks to the TCA’s Yemeksepeti Decision

Competition Law | Articles

Online Food and Grocery Delivery Markets are Getting Crowded Thanks to the TCA’s Yemeksepeti Decision

With the developments in online services, our habits in everyday life has been changing rapidly. Nowadays, one can cater any of its needs via websites or simple smartphone apps instantly. And all these developments have also been reflected its effects on maybe one of our most common and frequent habit; grocery shopping. We experienced (and still experiencing) the change from going to our friendly neighborhood grocery store to ordering anything we need anytime, anywhere with the promise of delivery within minutes through our smartphones.

Automotive Industry is Moving Towards Electrification via Joint Ventures

Competition Law | Articles

Automotive Industry is Moving Towards Electrification via Joint Ventures

Triggered by the technological advancements and the demand created by the awareness regarding the protection of the environment, electric vehicles (“EVs”) has become a centre of attention for the automotive industry. Also, the emission regulations contributed significantly to this change and the players that have been active in the manufacturing of traditional fossil fuelled vehicles are increasingly moving towards manufacturing EVs.

DeepFake: Yasal Konular ve Çözümler

Data Protection | News

DeepFake: Yasal Konular ve Çözümler

İstanbul Barosu Bilişim Hukuku Komisyonu tarafından 6 Kasım 2019'da düzenlenen etkinlikte Celal Duruhan Aydınlı, DeepFake: Yasal Konular ve Çözümler temalı sunumunu gerçekleştirdi. Konuyla ilgili makalemizi web sitemizde Deepfake: An Assessment from the Perspective of Data Protection Rules başlığından takip ederek okuyabilirsiniz.

Deepfake: An Assessment from the Perspective of Data Protection Rules

Data Protection | Articles

Deepfake: An Assessment from the Perspective of Data Protection Rules

Fake content is nothing new and has been there in the digital realm particularly after the introduction of photo-editing, image creation and graphic design software such as Adobe Photoshop in 1990. The number of them, however, has been alarmingly increasing within the last months. These contents are now very hard to be identified as fake thanks to the "Deepfake". Deepfake has been so far used to create, among others, malicious hoaxes, fake news as well as adult videos.

CJEU's Planet49 Decision: An Update on Valid Consent for Cookie Usage

Data Protection | Articles

CJEU's Planet49 Decision: An Update on Valid Consent for Cookie Usage

On October 1st, Court of Justice of the European Union ("CJEU" or the "Court") issued a decision (i.e. Planet49 Decision) given pursuant to the preliminary ruling procedure upon German Federal Court of Justice's inquiry regarding interpretation of data protection and e-privacy rules applicable in the European Union ("EU") .

Competition Authorities to Investigate Mobile Application Store Dominance

Competition Law | Articles

Competition Authorities to Investigate Mobile Application Store Dominance

Competition authorities are tuned into mobile app stores, trying to implement classical competition rules into non-traditional digital markets. This tendency is loudly revealed when European Commission (“Commission”) deemed Google LLC (“Google”) as the dominant undertaking in the app stores for the Android mobile operating system (i.e. Google Play Store) and hit the online search and advertisement giant with €4.34 billion for its anti-competitive practices to strengthen its position in various of other markets through its dominance in the app store market.

Individual Exemption by the Turkish Competition Authority to the Leading Mobile Telecommunications Companies

Competition Law | Articles

Individual Exemption by the Turkish Competition Authority to the Leading Mobile Telecommunications Companies

On 09.09.2019, the Turkish Competition Authority ("TCA") published its reasoned decision in which it granted individual exemption to the Facility Consolidation Cooperation Agreement ("Agreement") signed between Vodafone, TT Mobil and Turkcell, the only three mobile operators in Turkey. The concerned decision is important to illustrate the potential approach to be pursued by the TCA with regard to the cooperation agreements between mobile telecommunications service providers.

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