İngilizce Makaleler

Damages Due to the Illegal Processing of Personal Data Summary: Due to the service defect in the maintenance of a report stating “Not Fit for Military Service,” and the unlawful acquisition of this report by certain media outlets, the damages arising from this situation must be compensated by the administration. 1. General Overview According to

General Principles of Administrative Sanctions/Administrative Fines for Violations Regulated in the Personal Data Protection Law General Overview Article 17 of the Personal Data Protection Law (KVKK) includes a general regulation regarding actions that constitute crimes within the scope of personal data law. In Article 17, it is stipulated that Articles 135 to 140 of the

Offense of Failing to Fulfill Data Security Obligations within the Scope of Personal Data Protection The data controller’s obligations regarding data security are specified in Article 12 of the Personal Data Protection Law (KVK Law). The data controller is required to take all necessary technical and administrative measures to ensure an adequate level of security

Offense of Non-Compliance with the Registration and Notification Obligation in the Data Controllers Registry Article 16 of the Personal Data Protection Law stipulates that, under the supervision of the Board, the Presidency shall maintain a publicly accessible Data Controllers Registry. Natural and legal persons processing personal data must register in the Data Controllers Registry before

LEGAL EVALUATION OF THE DECISION TO BLOCK ACCESS TO INSTAGRAM BY THE PRESIDENT OF THE INFORMATION AND COMMUNICATION TECHNOLOGIES AUTHORITY A. Introduction Recently, there has been much discussion about the legal aspects of the general access restriction to Instagram, which has raised questions in the minds of many. Is the Information and Communication Technologies Authority

Exemplary Decision on the Removal of a Faulty Psychiatric Diagnosis Preventing Military Service In the case handled by our firm, where the plaintiff sought the removal of an incorrect psychiatric/mental health diagnosis made by a doctor, the court found it unlawful for the same doctor who made the original diagnosis to be part of the

Sanctions For The Violaton of Personal Data Protection Law and Legal Remedies Against Sanctions General Overview Article 18 of the Personal Data Protection Law regulates administrative fines for various offenses, such as failure to fulfill the obligation of clarification by data controllers, failure to meet data security obligations, failure to comply with decisions made by

Freedom of Thought, Conscience, and Religion General Overview In international and national legal frameworks, such as Article 18 of the Universal Declaration of Human Rights (UDHR) and Article 9 of the European Convention on Human Rights (ECHR), freedom of thought is generally regulated alongside freedom of conscience and religion. In some countries, including our own,

Principles Governing the Processing of Personal Data   Compliance with Law and Principles of Fairness According to Article 6/1(a) of the European Union Data Protection Directive, the processing of personal data must be lawful and in accordance with the principles of fairness. Similarly, Article 5/1(a) of the European Union General Data Protection Regulation (GDPR) stipulates

Regulations About Personal Data Processing and Protection Regulations in the Law of the Management of Publications on the Internet and Measures Against Crimes Committed Through These Publications   1.General Overview   Law No. 5651, regulating the management of publications on the Internet and combating crimes committed through these publications, was enacted on May 23, 2007.

Regulations on the Processing and Protection of Personal Data in the Right to Access Information Law   1.General   Law No. 4982 on the Right to Access Information was published on 24.10.2003 and came into effect six months later. This law includes regulations regarding the protection of personal data. The scope and application of the

Regulations on the Processing and Protection of Personal Data in the Electronic Signature Law   The Electronic Signature Law, which came into effect on July 23, 2004, encompasses provisions regarding personal data and the protection of such data. The purpose of the law, as stated in Article 1, is to “regulate the legal and technical

Acquisition of Real Estate and Real Rights by Foreigners in Turkey   For detailed information; https://www.en.torunhukukburosu.com/acquisition-of-real-estate-by-foreigners-in-turkey/   Foreigners acquire real estate and real rights in Turkey in accordance with Articles 35 and 36 of the Land Registry Law No. 6244. In terms of the Land Registry Law No. 2644 ForeignCompany: Companies with legal personality established in

Joint Venture   For detailed information; https://www.en.torunhukukburosu.com/joint-venture/   Joint Venture Concept   Corporate Tax Law Art.2/7 (Joint Venture): The institutions mentioned in the above paragraphs (capital companies, cooperatives, economic public institutions, economic enterprises belonging to associations and foundations) established among themselves or with sole proprietorships or real persons for the purpose of jointly undertaking a certain business

Arbitration in the Resolution of Foreign Investment Disputes in Turkey   For detailed information; https://www.en.torunhukukburosu.com/icsid-arbitration-2/   Historical Development of Arbitration   Arbitration is a form of judgment that involves the resolution of disputes that may arise between the foreign investor and the state, outside the jurisdiction of the state, within the framework of its own

Turkish Tax System and Taxation on Foreign Invesments   For detailed information; https://www.en.torunhukukburosu.com/taxation-onforeigninvestments/   1.Introduction   State’s Taxation Authority The taxation authority of the state, which in its essence constitutes a limitation on the right to property, also interferes with the rights and freedoms of individuals and derives its source from the Sovereign Authority; must be

Investment Incentives For detailed information; https://www.en.torunhukukburosu.com/investment-incentives/ 1.General Matters   Turkey’s investment incentive system, launched in April, 2012, became effective by the “Council of Minister’s Decree No. 2012/3305 on Government Subsidies for Investments” of June 15, 2012. The Regulation No. 2012/1 defines procedures and principles for the implementation of the Decree. It covers both the investments

Legal Framework of Foreign Direct Investments   For detailed information; https://www.en.torunhukukburosu.com/legal-framework-of-foreign-direct-investments/ International Law Resources   1. Multilateral International Agreements to which Turkey is a party -ICSID Convention (International Centre for Settlement of Investment Disputes) -Multilateral Investment Guarantee Agency (MIGA) Agreement -World Trade Organization Agreements -Agreement on Trade-Related Investment Measures (TRIMs) -Energy Charter Treaty -Memorandum of

Protection of Personal Data Within The Scope of Turkish Civil Code   In the first chapter of the first book of the Turkish Civil Code (TMK) entitled Law of Persons, which is devoted to real persons, personality is protected under Article 24. It has been examined in detail in the previous sections that the personality

Protection of Personal Data Within The Scope of The Tax Procedure Law   The scope of the Tax Procedure Law is determined in Article 1 of the law. Apart from customs tax and taxation of monoploly, the law applies to taxes, duties and fees included in the general budget, as well as taxes, duties and

Criminal Acts Which Are Regulated in The Turkish Criminal Code Regarding The Processing of Personal Data   1. Crimes Regulated in the Turkish Criminal Code   a. Generally   1. As explained in detail earlier, nowadays, personal data is processed in digital and analog environments by public institutions and organizations belonging to the state, as

Right to be Forgotten   The Right to Rearrange One’s Past or Begin a New Chapter for Oneself in The Future   1.General Issues Related to the Right to Be Forgotten and Its Historical Development   Inventions and technological developments in the internet environment nowadays have facilitated the access to information and data, and with

Protection of Personal Data in Scope of Turkish Criminal Procedure Code   In General               Provisions about processing of personal data are set out in the Third Section of the First Book of the Turkish Criminal Procedure Code (TCPC) numbered 5271,titled as “Testimony, Expert Examination and Discovery” and the Third Section titled “Observation, Examination, Discovery

Foreigner’s Citizenship Acquiring by Property Acquisition   1.Introduction   In this article, titles which they are Citizenship and Foreigner’s Citizenship Issue, General Acquisition of Citizenship, Exceptional Acquisition of Citizenship and Acquiring Property in Turkey for Foreigners examined under foreigners and their families rights and liabilities.

What’s Wrong With Negative Liberty   Hobbes and Bentham see freedom simply as the absence of external physical or legal obstacles. As we know from Isaiah Berlin’s essay the negative theories want to define freedom in terms of individual independence from others; but the positive also want to identify freedom with collective self-government. Behind this

Isaiah Berlin’s View Point On Liberty (Two Concepts of Liberty)     Isaiah Berlin’s View Poin On Liberty (Two Concepts of Liberty) Isaiah Berlin identifies the two different concepts of freedom (negative and positive). Negative freedom is involved in the answer to the question “What is the area within which the subject – a person

Exceptional Acquisition Of Turkish Citizenship By Foreigners   1.Frequently asked questions are;   What conditions should I meet to acquire Turkish citizenship exceptionally? What are the documents required when applying for Turkish citizenship? What is the application procedure? This brief  article aims to answer these questions. However, it is important to note that it is useful

[vc_row][vc_column][vc_column_text] In General             Provisions about processing of personal data are set out in the Third Section of the First Book of the Turkish Criminal Procedure Code (TCPC) numbered 5271,titled as “Testimony, Expert Examination and Discovery” and the Third Section titled “Observation, Examination, Discovery and Autopsy” and in the articles of 75, 76, 78, 80,

[vc_row][vc_column][vc_column_text] THE RIGHT TO REARRANGE ONE’S PAST OR BEGIN A NEW CHAPTER FOR ONESELF IN THE FUTURE General Issues Related to the Right to Be Forgotten and Its Historical Development Inventions and technological developments in the internet environment nowadays have facilitated the access to information and data, and with the intensive introduction of the Internet

1. Crimes Regulated in the Turkish Criminal Code a. Generally 1. As explained in detail earlier, nowadays, personal data is processed in digital and analog environments by public institutions and organizations belonging to the state, as well as real and legal persons in the private sector. The close relationship of personal data with a person’s

[vc_row][vc_column][vc_column_text] In the first chapter of the first book of the Turkish Civil Code (TMK) entitled Law of Persons, which is devoted to real persons, personality is protected under Article 24. It has been examined in detail in the previous sections that the personality rights are comprehensive rights that includes all values on the material

Law no. 4121 PART ONEGeneral PrinciplesI. Form of the StateARTICLE 1- The State of Turkey is a Republic.II. Characteristics of the RepublicARTICLE 2- The Republic of Turkey is a democratic,secular and social state governed by rule of law, within thenotions of public peace, national solidarity and justice, respectinghuman rights, loyal to the nationalism of Atatürk,

[vc_row][vc_column][vc_column_text] Law no. 5651 Purpose and scope ARTICLE 1 (1) The purpose and scope of this Law is; to regulate the obligations and responsibilities of content providers, hosting providers, access providers and mass use providers, and the principles and procedures of prevention of certain crimes committed on the internet through content, hosting and access providers. Definitions

Law no. 4722 Starting Items Implementation and sources of law Article 1 – The law shall apply to all matters referred to by the word and its essence. If there is no applicable provision in the law, the judge decides according to the customary law, otherwise whatever rule he would have made if he was a legislator.

Act No : 2577 PART ONEGeneral Principles Scope and CharacteristicSection 1. Resolution of the disputes falling within the jurisdiction of the Council of State,regional administrative courts, administrative courts and tax courts shall be subject to theprocedure prescribed in the present Act. The written trial procedures shall be applied in the Council of State, regionaladministrative courts,

Law No: 4982 PART ONEObject, Scope and DefinitionsObjectArticle 1- The object of this law is to regulate the procedure and the basis of the right toinformation according to the principles of equality, impartiality and openness that are thenecessities of a democratic and transparent government.ScopeArticle 2- This law is applied to the activities of the public

Law No. 4857 CHAPTER 1 “General Provisions” – Purpose and scope ARTICLE 1. – The purpose of this Act is to regulate the working conditions and work-related rights and obligations of employers and employees working under an employment contract. With the exception of those cited in Article 4, this Act shall apply to all the establishments

Law No. 5809 Date of Adoption: 5/11/2008 CHAPTER ONEGeneral ProvisionsPART ONEPurpose, Scope and DefinitionsPurposeARTICLE 1- (1) The objectives of this Law are to create effective competition, to ensure theprotection of consumer rights, to promote the deployment of services throughout the country,to ensure efficient and effective use of the resources, to promote the new investments andtechnological

Legislation No: 6098 SECTION I: General Provisions CHAPTER ONE: Sources of Debt Relationship FIRST DISCRIMINATION: Contractual Debt Relations A) Establishment of the contract 1) Will statement generally Article 1 – The contract is established by the parties explaining their will mutually and in accordance with each other. The will statement can be explicit or implicit.

[vc_row][vc_column][vc_column_text] The scope of the Tax Procedure Law is determined in Article 1 of the law. Apart from customs tax and taxation of monoploly, the law applies to taxes, duties and fees included in the general budget, as well as taxes, duties and fees belonging to special provincial administrations and municipalities. According to Article 8

When we analyze the relationship with protection of personal data and the labor law; on one side, the employer’s efforts to select the appropriate personnel in job applications in order to employ qualified personnel suitable for the job requirement of the information of the chosen employee’s education, where did the employee worked in the past

The Electronic Communication Law No. 5809 entered into force on 11.12.2008. Electronic communications are defined as “the transmission, exchange and receiving of all kinds of signals, symbols, sounds, images and data which could be converted into electrical signals, by means of cable, radio, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other types of transmission systems”

The Law of Right to Information No.4982 is published on 24.10.2003 and entered in force after six months, aforementioned law also contains regulations about protection of personal data. The scope and application area of the law is regulated in Article 2 as “This law is applied to the activities of the public institutions and the

           The Law No. 5651 on the Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts is published and entered into force on 23.05.2007. The purpose and scope of this Law is; to regulate the obligations and responsibilities of content providers, hosting providers, access providers and mass use providers, and the

[vc_row][vc_column][vc_column_text] In Turkish Penal Code (TPC) Actions That Constitute a Crime within the Scope of Personal Data Protection Nowadays, personal data is processed in digital and analog media by state- owned public institutions and organizations and by natural and legal entities in the private sector. Close relations between tha personal data and the private life

[vc_row][vc_column][vc_column_text] Turkish personal data watchdog demands paperwork from WhatsApp Turkey’s Personal Data Protection Board (KVKK) Director Faruk Bilir said Saturday that it has demanded paperwork and further information from Facebook-owned messaging giant WhatsApp regarding its new privacy policies… [/vc_column_text][/vc_column][/vc_row]

NINTH SECTION  Offenses Against Privacy and Secrecy of Life  Violation of Communicational Secrecy  ARTICLE 132-(1) Any person who violates secrecy of communication between the parties is punished with imprisonment from six months to two years, or imposed punitive fine. If violation of secrecy is realized by recording of contents of communication, the party involved in

* This is an English translation. In case of any difference in meaning between the original Turkish text and the English translation, the Turkish text shall apply. FIRST CHAPTER Purpose, Scope, Legal Basis and Definitions Purpose ARTICLE 1 – (1) The purpose of this By-Law is to determine principles and procedures regarding erasure, destruction and anonymization

* This is an English translation. In case of any difference in meaning between the original Turkish text and the English translation, the Turkish text shall apply.             Law Number: 6698 Date of Ratification: 24/3/2016 Published in Official Gazette: 7/4/2016 (№:29677) FIRST CHAPTER Purpose, Scope and Definitions Purpose ARTICLE 1 – (1) The purpose of this

* This is an English translation. In case of any difference in meaning between the original Turkish text and the English translation, the Turkish text shall apply.   CHAPTER ONE Purpose, Scope, Legal Basis and Definitions Purpose ARTICLE 1 – (1) The purpose of this By-law is to determine and ensure the implementation of procedures and

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Preamble The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve greater unity between its members, based in particular on respect for the rule of law, as well as human rights and fundamental freedoms; Considering that it is desirable to extend the safeguards

Personal Data Protection Board Decision Date :21.12.2017 Decision No:2017/62 As a result of the assessment made within the scope of notices submitted to the Turkish Data Protection Authority regarding personal data security breaches in the areas where the service offered to citizens such as the counters, box offices and desks, The Board has unanimously adopted

Personal Data Protection Board Decision Date :11.04.2019 Decision No:2019/104 As a result of the examination regarding the data breach which occurred before Facebook about a photo API bug which grants permission to third-party apps to access Facebook users photos, the Board decided; 1.to impose an administrative fine of 1.100.000 TL to the Company for not

Personal Data Protection Board Decision Date :02.05.2019 Decision No:2019/125 As is known to all, pursuant to Article 9 of the Personal Data Protection Law No. 6698 (the Law), personal data shall not be transferred abroad without explicit consent of the data subject. In the event that adequate protection is provided or when adequate protection is

Personal Data Protection Board Decision Date :16.05.2019 Decision No:2019/143 As a result of examination regarding the data breach, which causes large number of data violation, lasted approximately 4 years and shows that the system is problematic by design, and notified to the Board in 03.12.2018, the Board decided; 1- to impose an administrative fine of

Personal Data Protection Board Decision Date :16.05.2019 Decision No:2019/144 As a result of examination regarding the data breach which stems from hardware and software misconfigurations and inadequate security measures and notified to the Board in 25.10.2018, the Board decided; 1.to impose an administrative fine of 450.000 TL to the Company for not taking necessary technical

Personal Data Protection Board Decision Date :16.05.2019 Decision No:2019/141 As a result of examination regarding the data breach caused by malware and affected 67.519 people’s information such as identity, contact and process security data in Turkey, the Board decided; 1.to impose an administrative fine of 450.000 TL to the Company for not taking necessary technical

Personal Data Protection Board Decision Date :16.10.2018 Decision No:2018/119 By taking into consideration the large number of requests to the Turkish Data Protection Authority regarding advertising messages/calls that are forwarded to email addresses of data subjects or to their phones by SMS or phone calls without obtaining their explicit consent contrary to the provisions of

Personal Data Protection Board Decision Date :18.09.2019 Decision No:2019/269 As a result of the examination regarding the data breach occurred in consequence of the vulnerability which arose from the interaction of three distinct features of Facebook system such as “View as”, “Birthday Celebrator” and “Video Uploader”, the Board decided; 1.to impose an administrative fine of

Personal Data Protection Board Decision Date :24.01.2019 Decision No:2019/10 As known, pursuant to paragraph (1) of article 12 of the Personal Data Protection Law No. 6698 the data controller is obliged to take all necessary technical and organisational measures to ensure the appropriate level of security, so as to: a. Prevent unlawful processing of personal

Personal Data Protection Board Decision Date :18.09.2020 Decision No:2019/271   As known, pursuant to paragraph (1) of article 12 of the Personal Data Protection Law No. 6698 the data controller is obliged to take all necessary technical and organisational measures to ensure the appropriate level of security, so as to: a. Prevent unlawful processing of

Personal Data Protection Board Decision Date :22.07.2020 Decision No:2020/559 In the process of examining a short message (SMS) sent by the data controller operating in the automotive industry for advertising/information purposes, upon the complaint of the data subject, in the defence letter received from the data controller, although it is stated that the transfer of

SERVICES AND LEGAL ADVİCE WE OFFER WİTHİN THE SCOPE OF PERSONAL DATA PROTECTION »Considering the close relation of personal data and human dignity, privacy, private life and reputation, without exception we take into account that man is not a tool, but the highest value and purpose, we provide the following services and legal advice for

Lawyer Erdem Arda Akay Introduction »In connection with economic and technologic improvement, data on individuals are collected by natural and legal persons. This data collection can be done by way of performing a task or providing a service. This situation also affected the legal field. With the Law on Protection of Personal Data published in

Lawyer Meryem Kılıç-Lawyer Ayşe Hüma Lofça »The Information Technologies and Communication Institution determined the obligations of social network providers with it’s 29.09.2020 dated decision. Said decision went into force on 02.10.2020, making the obligations of this decision and the sanctions of breach of great importance. »This decision covers social network providers with more than one

Lawyer Meryem Kılıç-Lawyer Ayşe Hüma Lofça »According to article 16 of the 6698 numbered Law on the Protection of Personal Data, legal persons who process personal data are required to enroll in the Registry of Data Controllers before proceeding with data processing. Although registration is foreseen, some legal persons are held exempt from this rule.

Lawyer Erdem Arda Akay »With the Decision dated 23.07.2019 and numbered 2019/225 issued by the Personal Data Protection Board, located directly abroad or companies with branches in Turkey should be noted the Registry Records; on the other hand, liaison offices which don’t do any commercial activities in Turkey but only working for the purposes of

Av.Erdem Arda Akay Introduction »Because of technological developments, the protection of personal data, which affects economic and social life, regulated in our law in almost every area as in other countries. One of these areas is labor law. »With the Law on Protection of Personal Data published in the Official Newspaper on April 7, 2016

Lawyer Ayşe Hüma Lofça General Information »In today’s world, foreign direct investment has become a crucial component in almost every country’s economy, including Turkey. While countries invest abroad, they process personal information and as the importance of data protection increases, foreign investors are left with questions about internationally transferred data and the rules to be

Intern Lawyer Tolga Koncagül Abstract Definition of personal data and the basis of the right to request protection of personal data »Personal data is defined as all kinds of information belonging to an identified or identifiable natural person.Personal processing, on the other hand, defined as obtaining, recording, storing, preserving, reorganizing, disclosing, transferring, taking over, making

Lawyer Meryem Kılıç »In today’s world, technological developments can sometimes provide an environment for the commitment of harmful acts to one another. The most common situation is the publication of a photograph which belongs to someone else, leading to material or moral damage to a natural or legal person. In an attempt to eliminate problems