📌 KEY LEGAL DEVELOPMENTS
The Competition Authority concluded the investigation regarding the Bonus Agreements of Türkiye Garanti Bankası A.Ş. The Board ruled that some provisions excessively restrict competition, and therefore, the entire agreements cannot benefit from exemption.
The Competition Authority ended the investigation against Çiçeksepeti İnternet Hizmetleri AŞ by accepting the commitments the company offered against allegations of closing its platform services to third-party sellers and acting in favor of its own dealers.
The Competition Authority decided to open an investigation into EAE Elektrik Asansör Endüstrisi İnşaat San. ve Tic. AŞ. Following the annulment of a previous decision by Ankara 5th Administrative Court, the Board announced the investigation was initiated to comply with the court’s ruling.
The Regulation on Administrative Fines to be Imposed in Cases of Anti-Competitive Agreements, Concerted Practices and Decisions and Abuse of Dominant Position entered into force upon its publication in the Official Gazette No. 32765 dated December 27, 2024.
The Dutch Data Protection Authority fined Netflix €4.75 million for not providing sufficient information to users regarding the processing of their personal data. The investigation, initiated in 2019, concluded with findings of insufficient information related to the personal data collected by Netflix.
To improve the efficiency of criminal proceedings and prevent multiple prosecutions of the same suspect in several EU countries, the Regulation on the Transfer of Criminal Proceedings No. 2024/3011 dated November 27, 2024, was published in the Official Journal of the EU.
📜 OFFICIAL GAZETTE
The decision of the Constitutional Court dated September 17, 2024, with application number 2021/33789, published in the Official Gazette No. 32769 dated December 31, 2024, relates to a compensation lawsuit filed due to unlawful detention and detention exceeding a reasonable period. The applicant claims violations of the right to a fair trial and the right to a reasoned decision, asserting that despite being acquitted, their material and moral damages were not compensated. The compensation lawsuit was dismissed, and the Regional Administrative Court upheld this dismissal, rejecting the appeal on the merits. The Constitutional Court examined the applicant’s main claim under the violation of the right to a reasoned decision. It analyzed whether the grounds for dismissal addressed the applicant’s allegations and respected the necessary diligence under the right to a fair trial. As a result, the Court found the applicant’s claim of violation of the right to a reasoned decision admissible and ruled that this right, guaranteed under Article 36 of the Constitution, was violated. Since the applicant did not submit any information or documents regarding material damage, this claim was rejected. Regarding moral compensation, the Court found that the violation could be remedied by a retrial and rejected the moral compensation claim.
🔒 DATA BREACH NOTIFICATIONS
In the personal data breach notification submitted by Karadeniz Holding Anonim Şirketi to the Personal Data Protection Board, it was stated that the breach detected on December 10, 2024, occurred due to a cyberattack. The notification indicated that the exact start and end dates of the breach are yet to be determined, and the breach was discovered following routine security checks after an internet outage. Furthermore, investigations into the categories of personal data affected and the number of individuals impacted are ongoing. Detailed information has not yet been reached, cyberattack-related investigations are continuing, and necessary actions have been taken.
