News Archive

Le droit Turc et le droit Français se distinguent sur nombreux aspects. Or, existe également des domaines où ils sont liés. Les matières concernant l'âge de mariage et le droit de garde des enfants dans ses pays sont les deux principes étudiés dans ce texte. L'intérêt étant donc de permettre de visualiser les distinctions ou les rapprochements dans ses domaines.

The Law Proposal Amending the Turkish Commercial Code and Some Laws, which aims to implement legal regulations addressing various aspects such as the regulation of retail trade, consumer protection, product safety, and maintaining competition in line with developments in commercial life, including increasing penalties for price gouging and hoarding, has been approved by the Turkish Grand National Assembly's Committee on Industry, Trade, Energy, Natural Resources, Information, and Technology.

The Communiqué Amending the Communiqué on Decree No. 32 on the Protection of the Value of the Turkish Currency was published and entered into force on February 28, 2024.

Amendments on the Code of Criminal Procedure Law No. 7499 and Certain Laws was published in the Official Gazette dated March 12, 2024 which introduces significant amendments to the Law No. 6698 on the Protection of Personal Data. Considering these amendments as a whole, it is clear that the PDPL is aligned with the General Data Protection Regulation implemented in the European Union, and that transitional solutions have been developed to facilitate the work of internationally active data controllers.

Turkey Sustainability Reporting Standards ("TSRS") are announced by Public Oversight, Accounting and Auditing Standards Authority and published in the Official Gazette dated 29.12.2023. The Standards of IFRS S1 (“General Requirements for Disclosure of Sustainability-related Financial Information) and IFRS S2 (“Climate-related Disclosures”), which are constituted within International Financial Reporting Standards (“IFRS”) and published by International Sustainability Standards Board (“ISSB”).

The reflection of difficult economic times on working life is often seen as collective redundancy and creates many new individual and social situations. Collective redundancy is included in our legislation in parallel with international regulations.

With the gradual growth of the digital economy and the increasing number of digital service providers, it has become necessary to clarify certain obligations for a safe online environment in terms of issues such as consumer protection in the European Union. In this regard, the Digital Services Act ("DSA"), which entered into force on 16.11.2022, appears as a regulation that will direct the digital future of the European Union.

The European Council has signed an important regulation on 10 May 2023 for the reduction of carbon emission and sustainability. Carbon Border Adjustment Mechanism which is regulated by the Act of the Parliament numbered 2023/956 has become effective as of 1 October 2023.

The conditions for transferring personal data abroad are regulated by Personal Data Protection Law No. 6698. In the event that the data controllers in Turkey and the relevant foreign country provide adequate protection in writing and the Board of Protection of Personal Data has the authorization, it will be possible to transfer personal data abroad without obtaining explicit consent in the personal data transfer activities.

A garden leave refers to the period time during which an employee stays away from the workplace or works remotely and gets a salary and social aid during the notice period. This type of arrangement is often used by employers to protect business secrets and prevent employees from competing with themselves or getting another job during their notice period.

The most recent legal regulation on Fixed Duties, Value Added Taxes (VAT), Taxes on Consumer Loans and Game of Chance has been published in Turkish Official Gazette.

The Communiqué on Companies whose Shares to be Traded on the Venture Capital Market entered into force via publication in the Official Gazette dated 18 May 2023 and numbered 32194. The Communiqué sets the procedures and principles regarding the sale of shares of non-public private companies to qualified investors through capital increase without public offering on the Venture Capital Market, as well as liabilities and exemptions foreseen for such companies.

Horizontal shareholding, which is defined as an investor's non-controlling minority shareholding in several competing undertakings at the same time, can have anti-competitive effects. Although this case is not regarded as disturbative by Turkish competition law, it may become a main topic with its anti-competitive effects in our country in the future.

The legal consequences of the decisions and actions of artificial intelligence systems pose significant challenges due to the limited liability of legal subjects in traditional legal systems. Since there are no regulations in Turkish Law regarding the direct liability of artificial intelligence systems, the problems are evaluated according to the current legislation.

The Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers was published in the Official Gazette dated 29 December 2022 and numbered 32058 in which new concepts and regulations introduced by the Law on the Regulation of Electronic Commerce on 07 July 2022 are specified in detail.

The Licensed Warehousing System is the system in which the trade of agricultural products suitable for warehouse are carried out within the Licensed Warehouse Enterprises and through warehouse receipts representing the ownership of such products. Product receipts can be physical or electronic. Electronic warehouse receipts are subject to regulation on Electronic Warehouse Receipts Regulation No. 28110 dated 12.11.2011.

’With the addition of Article 10/A titled "Dematerialization of Capital Market Instruments" to the 'Capital Market Law' in 1999, a legal dematerialization system was introduced in terms of capital market instruments. With the establishment of the Central Registry Agency, which will carry out this system, on 28.11.2005, the dematerialized system started to be implemented.

The foreign company, which is a party to the share transfer of Turkish limited liability company, shall be subject to TCC in terms of share transfer to be made in Turkey, even if its head office is not located in Turkey.

The liability of the intermediary service provider for defects has been regulated in the Law on the Regulation of Electronic Commerce numbered 6563 and the Regulation on the Service Providers and Intermediary Service Providers of Electronic Commerce numbered 29457.

The latest amendment on the "Regulation for Unlicensed Electricity Production in the Electricity Market" entered into force after being published in the Official Gazette dated 11.08.2022 and numbered 31920. According to the article 11 of the Regulation, the limit for unlicensed generation facilities whose production and consumption is connected at the same point has been increased to 25 kW (including 25 kW) from 10kW.

The employer is legally and criminally liable for the occupational accident as a result of the employer's obligation to take all necessary precautions and to supervise the employee. In recurrent occupational accidents, the employer's aggravated responsibility emerges.

With its decision No. 10250 and dated June 24, 2022, the Banking Regulatory and Supervisory Authority has introduced a restriction for borrowing cash commercial loan in Turkish Liras for non-financial institution companies subject to independent audit.

According to the Communiqué numbered 2022-32/66, payment obligations in movable sale contracts signed between persons resident in Turkey, with the exception of vehicles sale contracts, may still be determined in foreign currency whereas payments concerning those contracts shall be made in Turkish Lira.

Provisions in the Turkish Commercial Code regarding the issuance and transfer of share certificates by joint stock companies has been amended with the Communiqué issued by the Turkish Ministry of Commerce.

The Law on the Amendment of Consumer Protection Law and Property Ownership Law has been published on the Official Gazette numbered 31796 and dated April 1, 2022 and new regulations for intermediary service providers have been effected under Consumer Protection Law.

With the amendments and regulations made under the Communiqué No. 2022/2, it is aimed to eliminate the deficiencies noticed in practice, to accelerate the permission process, to comply with current national and international legislation.

According to the remote working scheme, which was included in Labor Law No. 4857, the employer has the right to terminate the employment contract based on a valid reason whenever the conditions are fulfilled while switching from the remote working to the physical working.

The Regulation on the Amendment of the Regulation on Commercial Advertising and Unfair Commercial Practices and the Regulation on Commercial Advertising and Unfair Commercial Practices ("Regulation") have been amended by the Ministry of Trade ("Ministry").

NFTs should be considered as “work” in accordance with the Law on Intellectual and Artistic Works No. 5846. With the sale of the NFT work, only the crypto asset of the work is transferred, not the copyrights of the author.

The amount, sold product, description of the work, quantity can be proved by invoice, however, the matters related to the fulfillment of the contract such as products’ delivery, the completion of the work can not be proved.

The main reasons for termination are the need of the lessor or the new lessor, the impossibility of use due to repair, the lessee’s written eviction commitment, two notices within a one-year period and the subsequent understanding that the lessee has another immovable.

As a result of the entry into force of the Communiqué on the Procedures and Principles Regarding the Personnel Certification Mechanism, it is possible that the obligation to have a "data protection officer" shall be regulated as an additional obligation within the scope of the law in the coming days.

The Singapore Convention was signed to expand and facilitate mediation as an alternative solution in international commercial disputes. In accordance with the Convention, signature of Convention by the state where the settlement agreement shall apply is sufficient.

Employers are criminally liable for occupational accidents that occur in the workplace. In order to prevent the criminal liability of employers, it is necessary to the delegate authority and assign duty to an employer’s representative who is competent in taking necessary occupational health and safety measures.

In case the debt is not paid within the specified term under Turkish law, provisions of the Turkish Code of Obligations (“TCO”) numbered 6098 regarding default are applied.

Remote work is defined as fulfillment of employee's job at home or outside the workplace with technological communication tools within the scope of the work organization established by employer in accordance with Article 14 of the Labor Law No 4857.

As a general rule, shareholders of joint stock companies are not personally liable for company debts under Turkish Commercial Code.

The requirements for workplace transfer can be determined within the light of Article 6 of the Labor Law No. 4857 and Supreme Court decisions.

Law No. 7263 Amending Technology Development Zones Law and Other Certain Laws which published in the Official Gazette dated February 3, 2021, numbered 31384

Law No. 7253 amending Law on Regulation of Publications on the Internet and Suppression of Crimes Committed by Means of Such Publications No. 5651