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Sumeyye Ucar

Turkey: Looking Back at the Legal Developments in 2024


2024 has been a year of notable legal developments, and as we reflect on the changes, we’ve highlighted the key updates in the fields of technology, data protection, advertising, and intellectual and industrial property:

 

-          On January 10, 2024, Article 26 of the Industrial Property Law No. 6769 entered into force, transferring the power to revoke trademarks from the Intellectual Property Courts to the Turkish Patent and Trademark Office. (For details please see our article here.)

 

-          On January 11, 2024, the Personal Data Protection Authority published the Guidelines on the Processing of Republic of Turkey Identity Numbers, offering detailed guidance on the legal framework surrounding the use of Turkish ID numbers across various sectors, including e-commerce, transportation, electronic communication, insurance, as well as services provided by public institutions and organizations.

 

-          On March 12, 2024, the 8th Judicial Package came into effect following its publication in the Official Gazette, introducing significant amendments to the Personal Data Protection Law No. 6698. The changes made to the Personal Data Protection Law No. 6698 primarily focus on three key areas: (i) the conditions for processing special categories of personal data, (ii) the rules governing cross-border data transfers, and (iii) the appeal process and venue related to decisions of the Authority. (For details, please see our article here.)

 

-          On June 2, 2024, the Law Amending the Capital Markets Law No. 6362 was published in the Official Gazette and entered into force, introducing comprehensive regulations on crypto assets and crypto trading platforms, including provisions on service providers, the custody of crypto assets, and the trading and transfer transactions carried out by Turkish residents on these platforms. (For details, please see our article here.)

 

-          On July 10, 2024, the Regulation on the Procedures and Principles on Cross-Border Personal Data Transfers was published in the Official Gazette. The Regulation establishes the operational framework for the implementation of the international data transfer mechanisms outlined in the Personal Data Protection Law No. 6698. (For details, please see our article here.) On the same day, the Personal Data Protection Authority published four different modules of Standard Clauses: (i) from data controller to data controller (ii) from data controller to data processor (iii) from data processor to data processor and (iv) from data processor to data controller.

 

-          On August 5, 2024, the Personal Data Protection Authority published the Information Note on the Personal Data Processing Condition Expressly Provided for by Laws further elaborating on the condition where processing is expressly foreseen under laws, emphasizing that the principle of data minimization should be followed, and only necessary data should be processed in this context.

 

-          On October 25, 2024, the Personal Data Protection Authority published an announcement introducing the Standard Contract Notification Module, designed to streamline and enhance the efficiency of the process by which data controllers and data processors notify SCCs to the Authority.

 

-          On October 30, 2024, the Law Amending the Consumer Protection Law and Other Laws was published in the Official Gazette, introducing significant changes regarding sanctions on advertisements and e-commerce license fees. (For details, please see our article here.)

 

-          On October 30, 2024, the Regulation on Market Surveillance and Inspection of Products Made Available to the Market Through the Means of Electronic Communication Tools was published on the Official Gazette to enter into force on April 1, 2025. The Regulation sets forth (i) the main principles to be followed during placing products on the market, (ii) information required to be provided during the sales made through the remote communication tools and (iii) the obligations of market players. (For details, please see our article here.)

 

-          On November 8, 2024, the Personal Data Protection Authority published the Information Note on Chatbots (the ChatGPT Example), which explores the functions of AI-powered chatbots, the personal data they process, and the key considerations for developing such applications.

 

-          On December 23, 2024, the Communiqué on the Classification of Goods and Services for Trademark Applications was published in the Official Gazette and introduced significant updates to the classification of goods and services. (For details, please see our article here.)

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