BulletinLEGAL NEWSLETTER 6 – 2

13/06/2024

KEY LEGAL DEVELOPMENTS

The Law on the Amendment of the Capital Markets Law, also known as the “Cryptocurrency Law”, entered into force after being published in the Official Gazette dated July 2, 2024 and numbered 32590. According to the amendment, cryptocurrency markets will need to get a license from the CMB.
The “Regulation on the Procedures and Principles Regarding the Cross-Border Personal Data Transfer”, which regulates the transfer of personal data abroad, entered into force after being published in the Official Gazette dated July 10,2024 and numbered 32598.
The Competition Board, within the scope of its inspection regarding the pledges made by Türkiye Şişe ve Cam Fabrikaları A.Ş. and Şişecam Çevre Sistemleri A.Ş. in 2021, initiated an investigation to determine whether these subsidiaries and Karacalar Nak. Oto. Geri Dön. San. ve Tic. Ltd. Şti. violated the Law on the Protection of Competition by determining the prices of broken glass together and sharing territories and customers.
In its investigation against Canon Eurasia Görüntüleme ve Ofis Sistemleri A.Ş., the Competition Board decided to impose an administrative fine of ₺ 38 million for determining the resale price of the products.
The Board of Advertisement decided to suspend the advertisements and imposed a fine of 2,200,258 ₺ for the phrases “Turkey’s number 1” and “All Turkey recommends Hepsiburada” used by Hepsiburada on various television channels and social media platforms. Although it was stated that the phrases were based on the results of an independent research company, the Board stated that this phrase could not cover the claims stated in the advertisement.

OFFICIAL GAZETTE

Published in the Official Gazette dated 8 July 2024 and numbered 32596, the individualapplication decision of the Constitutional Court with application number 2019/25945 anddecision date 19.03.2024 is regarding whether the right of property was violated by not takinginto account the shifting economic conditions during the judicial process. The applicantsapplied to the first instance court in 1991 on the grounds that their immovable properties wereregistered to third parties during cadastral surveys. In its final decision rendered in 2019, theCourt stated that the acreage value of 2.000.000 former currency at the date of the lawsuitcorresponded to 2 ₺ on the date of the decision and decided for a payment of 30,77 ₺ for15.388m² of immovable property. The applicants applied to the Constitutional Court with theclaim that their property rights were violated by not taking into account the shifting economicconditions, but only by removing six zeros from the former currency and charging statutoryinterest. The Court stated that 30,77 ₺ is corresponding to 245 ₺ with legal interest during the 27-year judicial process, however, according to TÜİK data, the assets of 100 ₺ in 1991, the date ofthe lawsuit, reached 194.593 ₺ in 2019, the date of the final judgement. In the scope of that,the Court decided that the right to property was violated and sent a copy of the decision tothe first-instance court for retrial.

PERSONAL DATA BREACH NOTIFICATIONS

 

Explanations of the 2 (two) personal data breach notifications made to the Personal Data Protection Board are as follows:

 

⊗In the notification of Adnan Özen İnşaat Taahhüt Enerji Turizm Ticaret ve Sanayi Anonim Şirketi; it was stated that the breach occurred through a leakage on the Application Programming Interface (API) of the website where the car rental reservations of the data controller are received, the breach was detected with the e-mail sent by the cyber attacker to the company employee on 26.06.2024, the relevant groups of people affected by the breach are customers and potential customers, the personal data categories affected by the breach are identity and customer transaction information, the number of people affected by the breach is 185, there are approximately 12. 000 customers’ personal data in the database, and that technical investigations regarding the breach are ongoing.

⊗In the notification of Karakaya Kuruyemiş Gıda Tarım Ürünleri İnşaat Taahhüt Turizm Tekstil Sanayi ve Ticaret Limited Şirketi; it was stated that the breach occurred on 10.06.2024 and was detected on 11.06.2024, the data controller was subjected to a cyber-attack and the servers on which the information of employees, customers, all companies where purchases are made and ancillary services are received were locked, the number of people affected by the breach was 200, the employees, users and customers are affected by the breach, data on identity, communication, location, personal, customer transaction, transaction security, risk management, finance, marketing, visual and audio recordings are affected by the breach, and the special categories of data affected include data on race and ethnicity, health information, criminal convictions and security measures.

 

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