BulletinLegal Newsletter 2-2

01/03/2024

KEY LEGAL DEVELOPMENTS

The 8th Judicial Package, accepted by the Justice Commission of the Turkish Grand National Assembly, has been sent to the General Assembly. Within the regulations of the 8th Judicial Package, there are amendments to Law No. 6698 on the Protection of Personal Data, aiming for compliance with the General Data Protection Regulation of the European Union, and regulations such as the new Suspension of the Pronouncement of the Judgement procedure.
The activity permit was revoked after Ria Turkey notified the Central Bank of the Republic of Türkiye that it had ceased its operations, despite granting operating permits for payment services and electronic money issuance services to Garanti Payment Services and Electronic Money and Platform Payment Services and Electronic Money companies.
The Competition Board imposed an administrative fine of approximately £350 million on Nestle Turkey, a company operating in the food sector, for conducting activities of region and customer restrictions and resale price determination for distributors.
In the 2nd issue of the Competition Authority’s quarterly “Competition Newsletter”, it was stated that a total of 58 investigations were concluded in 2023 and 46 of the undertakings were fined a total of £2,3 billion. It was also announced that the Authority is currently working on 45 investigations, 35 of which were initiated in 2023.
The Human Rights and Equality Institution of Türkiye imposed an administrative fine of approximately £90.000 on a hotel that canceled the reservations of 2 men after they asked to stay in the same room and was found to have violated the prohibition of discrimination on the basis of sex when past reservations were examined.

 

The Radio and Television Supreme Council allowed media service providers to broadcast political advertisements from 1 January 2024 until 23:59 on Friday, 29 March 2024, and banned the broadcasting and distribution of publications in favor of or against a political party or candidate or in a way to influence the votes of citizens through the press and broadcasting media within 10 days before the voting day.

HIGH COURT DECISIONS

The Turkish Constitutional Court ruled by majority vote that the dissemination of misleading information, as regulated in article 217A of the Turkish Criminal Code No. 5237, does not violate freedom of expression and that sanctioning the dissemination of misleading information is proportionate to ensure public order and security. (P:2022/129, D: 2023/189)

PERSONAL DATA BREACH NOTIFICATION

A company which publishes scientific research and journals namely, Public Library of Science, reported a personal data breach to the Board occurred due to the lack of anonymization work in a published article; the categories of personal data affected by the breach are identity and health information and the number of affected individuals is 893.

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