Turkish Law Blog

The Great Dilemma of the Companies: Share Buy-Back Decisions

While share buy-backs were used by other countries as a pay-out method for years, they were prohibited in Turkey until the end of 2009. Pursuant to Article 329 of the abrogated Turkish Commercial Code (the ‘TCC’) numbered 67621, it was unlawful for the joint stock companies to buy-back their own shares in exchange for any consideration in order to protect the capital and creditors’ interests, and also to prevent unequal treatment of shareholders. The share buy-back tran...

Amendments to Turkey’s Execution and Bankruptcy Law

Turkey’s new bankruptcy law, amid other legislative reform, aims to improve the country’s investment potential. Orçun Çetinkaya examines how the new law provides greater opportunity for debtors to recover their financial status.Amendments to the Execution and Bankruptcy Law and Other Certain Laws (also referred to as Enforcement and Bankruptcy Law) entered into force on 15 March 2018.Other amendments were also made to the Turkish Commercial Code, Civil Procedure Law, No...

The Shift Towards a “Risk-Based Approach” with GDPR: Critical Assessment of its Advantages and Disadvantages

Introduction As Gellert notes that ‘data protection is first and foremost a legal framework for the regulation of the risks stemming from the deployment of Information and Communication Technologies into society (and more in particular, the data processing operations they allow for)’[1], risk-based approach is not a new concept in EU data protection framework but it is now much more visible with General Data Protection Regulation (GDPR)[2].[3] In particular, articles 24 a...

Harmonising the Patentable Subject Matter in Computerimplemented Inventions: Why do the UK and the EU Approaches Superior to the US?

INTRODUCTIONFor decades, as a consequence of increasing number of patent applications in the area of computerimplemented inventions, IP practitioners, courts, patent offices across the world have been confused with the challenge of assessing “patentable subject matter”. Varying interpretations and diverging case law for computer-implemented inventions have led to different applications of claims in each jurisdiction.In the late 1990s, the United States of America (USA) ex...

The Prospects for Successful Regulation in the Public Interest for Artificial Intelligence

1.     REGULATION 1.1. Regulation and its Reasons to Exist Although the term ‘regulation’ has been defined in a number of ways, it is generally defined as a set of rules made by state intervention, thus in the sense of governmental activity.[1] The term ‘regulation’ can be used in the following senses as well: as deliberate state influence[2], as all forms of social and economic influence[3] or as a specific set of commands.[4]The existence of different meani...

New Rising Star: Implementation of the Mediation System under Turkish Legal System and its Development

Abstract: In our times, Alternative Dispute Resolution (hereinafter “ADR”) is getting more and more crucial. In particular in the countries where their standard legal system, most likely litigation, is dealing with an enormous burden of conflicts. This devastating burden time-to-time might generate a substantial weight to overcome by the courts and the jurists of that country; however, mostly that affects the efficiency of the judicial system and the trust of the privat...

Data Protection Authority Announced the Starting Dates to Register with the Data Controllers Registry

The Data Protection Authority announced the starting dates for the obligation to register with the Data Controllers Registry ("VERBIS"). You may find below explanations regarding the framework of the data controllers’ obligation for registration to the VERBIS.ObligationBased on the Turkish Data Protection Law no. 6698, natural or legal persons (i.e. companies) who process personal data shall register with VERBIS prior to commencing processing such personal...

Increasing Benefits by Performing Your Corporate Housekeeping Duties

Performing the annual corporate housekeeping of your company will bring various benefits for the company, its bodies and authorized individuals. Though it may be missed out easily by the companies, actually it is easier to duly handle the procedures by considering your effectiveness and the benefits at the end of the day. We can simply count the main trivets of the corporate housekeeping, as doing ordinary general assembly meetings, keeping updated your representation docume...

The Implementation of the Regulation regarding the Using of Competitors’ Information on the Comparative Advertisements Has Been Postponed

The last regulation which regulates the advertisement practices in Turkey based on the Law on the Protection of the Consumer titled “Commercial Advertisements and Unfair Commercial Practices” (“Regulation”) was published in the Official Gazette in 10 January 2015. Many provisions of this new Regulation came into force as of the publish date, but somehow a significant one did not.Article 8 of the Regulation allows for comparative advertisements provided that the specif...

Economics v Human Rights: Intermediary Liability for Free Speech, Copyright and Privacy

Nowadays, access to the information as fast as possible is crucial for the individuals of the Internet era.1 As per the most recent report of UK Government, in the UK, 89% of the adults had recently connected to the Internet in the first quarter of 2017.2 From a wider angle, as per the report of the International Telecommunication Union, in 2017, 48% of the world population used the internet with 81% of developed countries to use it whereas this percentage was only 41% of dev...

The Role of Intellectual Property Law in The Fashion Industry: An Analysis of the Legal Framework in Various Jurisdictions

Fashion Industry and the Role of Intellectual PropertyThe economic significance of the fashion industry all around the world is undeniable. In 2017, the United States’ apparel and footwear market were valued at 341.626 billion US dollars[1] whereas the same market was valued at 324.572 billion US dollars[2] for Western Europe. From a commercial perspective, it is crystal clear that the industry is massive, but these numbers also indicate the social importance that society...

AI Personhood: A Futuristic Approach

AI is becoming highly autonomous by day and acquiring more and more cognitive abilities. It cannot be denied: AI has already become a part of society. Since ethics and legal rules are the underlying ingredients of a functioning society; where does AI fit in to all of this? This is a dilemma that is being tackled by many; from philosophers to lawyers, from tech experts to visionary leaders.One thing that is clear is that the current set of rules are inadequate and they need to...

Step into a Big World through a Small Island Malta

Malta, as one of the smallest countries in Europe, is an open door to a big world. It is possible to summarize the leading advantages of Malta within the following topics:Opportunities for Turkish Local Technologies to Open up into Foreign MarketsMalta is a renowned country within the community of tech professionals and enthusiasts. Three government bills on DLT/Blockchain has been approved by the Maltese Parliament a while ago. Therefore, Malta became the first country in th...

“Mediation” in Turkish Labour Law Judgments as a Litigation Condition

The Labour Courts Law No. 7036, which was adopted on 12.10.2017 in the Turkish Grand National Assembly, entered into force in the Official Gazette numbered 30221 and dated 25.10.2017, thus abolishing the old Labor Courts Law numbered 5521 and bringing its application to an end.The Labor Courts Law which entered into force; in addition to the issues related to Establishment, Organisation and Working Conditions, it has also brought a number of new innovations as regards applica...

Establishing a Liaison Office in Turkey and its Commercial Advantages

IntroductionTurkish laws allow foreign companies to open liaison offices to do required research in their industry. These offices cannot carry out commercial activities. Here, the aim is to enable foreign companies to discover the potential in the domestic market, do research on investment opportunities and create new opportunities for themselves by conducting business activities in one of five different fields. Thus, it is possible to attract more foreign investment into Tur...

Legal Liability of Passenger seated in Emergency Exit Seat

I. IN GENERAL1. Emergency Exit Seats and Why Passengers Prefer ThemIn line with the progress made in the transportation sector and in technology, comfort in commercial aircraft nowadays has improved and aircraft seats, the first examples of which were made of wicker, have evolved considerably. Notwithstanding the improved facilities, some people prefer seats next to emergency exit doors, in order to enjoy a wider legroom. This is because the legroom of seats located next to e...

A Review of American Institute for International Steel Inc. v. U.S.: What are the Implications of President Donald Trump ’s Decision to Double Tariffs on Turkish Steel Imports?

Turkey is a major exporter of steel to the United States. In fact, Turkey ranked 6th as a source of steel imports for U.S. domestic consumption in 2017.[1]Yet, on August 10, 2018, President Trump doubled the tariff on steel imported from Turkey from 25 percent to 50 percent as part of a broader policy of strengthening the domestic steel industry by reducing steel imports.[2] Interestingly enough, imports from Turkey were penalized more than those from other countries that ha...