BulletinLegal Newsletter 3-2

KEY LEGAL DEVELOPMENTS

The obligations imposed on META Platforms, Inc. (“META”) by the Competition Board (“Board”) ended on 09.12.2023, and it was decided that an administrative fine of ₺4.796.152,96 per day would be imposed for each day elapsed until the compliance measure proposed by META is recorded in the Competition Authority records starting from 12.12.2023.

The Board issued an interim measure decision in the investigation initiated by the Board regarding META, suspecting abuse of its dominant position by connecting the Threads and Instagram applications to each other. Accordingly, the data transfer mechanism that could create data merging behavior between the two applications was blocked.

During the 343rd meeting held by the Advertising Board on 12 March 2024, it was decided to impose a total administrative fine of ₺17.037.891,00 on the relevant companies, along with cessation and correction penalties regarding deceptive, misleading, exploitation of experience and knowledge gaps, and unfair commercial practices towards consumers.

The Banking Regulation and Supervision Agency has decided to grant permission to Sipay Elektronik Para ve Ödeme Hizmetleri A.Ş. to operate as an organization contracting with member merchants.

HIGH COURT DECISIONS

The Turkish Constitutional Court unanimously ruled for the cancellation of the decision on non- prosecution without conducting an effective investigation on the complaint of unlawful seizure of personal data on the grounds that the right to respect for private life, which is protected under the Constitution within the scope of the right to protection of personal data, was violated. (P:2020/36976, D.D. 13/02/2024)

 

 

PERSONAL DATA BREACH NOTIFICATIONS

In the personal data breach notification submitted by OYAK Defense and Security Systems Inc. to the Personal Data Protection Board, it was stated that the breach occurred through a ransomware attack; the categories of personal data affected by the breach included identity, contact, location, employment, legal transaction, customer transaction, physical space security, transaction security, risk management, financial, professional experience, visual and auditory records, marketing, and other data; the categories of sensitive personal data affected by the breach included appearance, data concerning health, criminal convictions, and security measures; the relevant groups of affected individuals were employees, users, subscribers/members, customers and potential customers, partners, stakeholders, group companies, contractors-subcontractors, and suppliers; and the number of affected individuals could not be determined.

 

 

 

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