BulletinLegal Newsletter 5-1

03/05/2024

KEY LEGAL DEVELOPMENTS

The Competition Board decided to terminate the investigation opened against Duracell Satış ve Dağıtım Ltd. Şti. which operates as a battery supplier in the fast- moving consumer goods sector, with a settlement in terms of its practices to determine the resale price of its buyers, and with a commitment in terms of the allegations of regional and internet sales restriction and non-competition obligation.

 

The Competition Board decided to impose an administrative fine of $4,826,464.07 on Mot Grup Bilişim Ltd. Şti. on the grounds of determining the sales prices of re- sellers and restricting internet sales, at a certain rate of the company’s gross income for 2022.

 

Pursuant to the amendment made in the Value Added Tax General Implementation Communique; since food and beverage establishments are in principle service establishments, the VAT rate on the sale of foodstuffs manufactured or outsourced in these establishments to customers for consumption in these establishments or outside has been increased from 8% to 10% (18% to 20% for alcoholic beverages).

PERSONAL DATA BREACH NOTIFICATIONS

The explanations in the personal data breach notifications made to the Personal Data Protection Board are as follows:

Modaselvim Tekstil San. ve Tic. A.Ş.; the breach occurred with unauthorized access to the systems as a result of obtaining the user information of the data controller’s official: it was not possible to determine when the breach started: the categories of personal data affected by the breach are identity and contact data; the relevant groups of persons affected by the breach are users, subscribers/members and customers and the number of affected persons cannot be determined.

SporPark Shoe Teks. and Sport Malz. Tic. Ltd. Şti.; it was explained that the breach occurred as a result of a data breach as a result of obtaining the usemame and password of a person registered in the data controller systems by cyber attackers and capturing the data of other users registered in the system; the breach started on 01.11.2023 and was detected on 21.04.2024; the categories of personal data affected by the breach are identity, contact, location and customer transaction data; the relevant groups of persons affected by the breach are employees, users, members and customers, and the number of affected persons cannot be determined.

TTZ Pazarlama Plastik San. Ltd. Şti. and Titiz Plastik Dış Tic. ve San. Ltd. Şti.’s notification; the breach occurred as a result of a cyber-attack, some of the company’s data was encrypted and a ransom was demanded from the data controller; the personal data categories affected by the breach are identity, communication, location, personal, legal transaction, customer transaction, physical space security, transaction security, risk management, finance, professional experience, marketing, audio and visual records; the categories of special categories of personal data affected by the breach are disguise and clothing, health information, biometric data, criminal conviction and security measures: the affected groups of data subjects are employees, users and potential customers and the number of affected persons cannot be determined.

 

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