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    Contributors Özdağıstanli Ekici Attorney Partnership

    Contact Information
    • Address: Nidakule Ataşehir Kuzey Begonya Sok. No: 3 K: 17 B: 162 Ataşehir 34746, Istanbul
    • Email: [email protected]
    • Phone: +90 216 230 07 48
    • Website: www.ozdagistanliekici.com
    Languages

    Ozdagistanli Ekici is a new generation law firm that combines the values of the traditional law firm, with the values and qualities that are required to stay on top in today’s challenging business environment.

    We believe in change, innovation and disruption while we remain committed to the traditional values of our profession such as accountability and trust.

    We want our clients to stay on top of the changing environment and dynamics of the legal landscape and be the creator of such change instead of reacting to those changes. And if a reaction to a change is required, we strive to make sure that such reaction is based on legal advice that is efficient, objective and applicable to business.

    At Ozdagistanli Ekici, we have a sector specific approach to make sure that we understand the sector specific dynamics and legal landscape that our clients are facing. Thanks to this approach, we are able to provide comprehensive and commercial legal advice to help our clients lead the change or face the issues they are facing with confidence. While doing so, we also prepare our clients for future challenges and issues that they may face in their sector.

    We have a large portfolio of multinational and local clients across different sectors and industries including Automotive, Consumer Goods, Food and Retail, Education, Energy and Natural Resources, Financial Services and Fintech, Information Communication Technologies, Insurance, Life Sciences and Health Care, Media, Sport, Gaming and Entertainment and Technology.

    We are committed to provide the commercially sound legal advice and solutions on a timely and professional manner to continue to support our clients to be leaders in their sectors.   

    Key Contacts

    Burak Özdağıstanli
    Co-Managing Partner
    Technology, Media and Telecom, Data Protection, Electronic Commerce, Fintech, Gaming
    [email protected]
    Hatice Ekici Tağa
    Co-Managing Partner
    Intellectual Property, Media and Entertainment, Consumer Protection, Electronic Commerce
    [email protected]

    Awards

    Burak Özdağıstanli
    Co-Managing Partner
    Technology, Media and Telecom, Data Protection, Electronic Commerce, Fintech, Gaming
    [email protected]
    Hatice Ekici Tağa
    Co-Managing Partner
    Intellectual Property, Media and Entertainment, Consumer Protection, Electronic Commerce
    [email protected]
    Sümeyye Uçar
    Associate
    Technology, Media and Telecom, Data Protection, Intellectual Property, Electronic Commerce, Fintech
    [email protected]
    Öykü Su Sabancı
    Associate
    Technology, Media and Telecom, Data Protection, Intellectual Property, Electronic Commerce, Fintech
    [email protected]
    Ebru Gümüş
    Trainee Associate
    Technology, Media and Telecom, Data Protection, Intellectual Property, Electronic Commerce, Fintech
    [email protected]
    Bensu Özdemir
    Associate
    Technology, Media and Telecom, Data Protection, Intellectual Property, Electronic Commerce, Fintech
    [email protected]

    The Intellectual Property Review - 2

    Turkish law provides effective enforcement procedures for protecting intellectual property (IP) rights. Cease-and-desist letters are advised, followed by civil or criminal court actions and potential customs confiscation. Specialized IP courts handle civil and criminal cases. Evidence collection involves expert examinations and search warrants. Preliminary injunctions are available. Written documents play a key role in IP litigation. Defence strategies include challenging distinctive character and prior rights. Remedies include cessation of infringing acts, confiscation, and compensation. Appellate review is possible, and alternative dispute resolution methods like mediation and arbitration are encouraged. AI-related patent ownership and changes to domain name dispute resolution are emerging trends.
    Hatice Ekici Tağa
    Burak Özdağıstanli

    The Intellectual Property Review - 1

    Turkey is a significant jurisdiction for intellectual property (IP) law. IP cases are handled by specialized IP courts in major cities. Turkish IP law aligns with EU law and international standards, providing strong protection. Key treaties and conventions are enacted into local law. Trademarks, copyrights, industrial designs, patents, and geographical indications are protected under specific laws. Trademarks distinguish products/services, copyrights protect original works, industrial designs safeguard product appearances, and patents secure inventions. IP registration processes involve applications, examination, opposition, and registration. Protection durations vary. Recent developments include regulations on electronic commerce intermediary service providers and the launch of the TRABIS network.
    Hatice Ekici Tağa
    Burak Özdağıstanli

    Transferring the Health Data of a Data Subject to the Public Institution

    In its decision numbered 2022/790, the Personal Data Protection Board addressed a complaint concerning the transfer of a data subject's health data to a public institution for an ongoing administrative lawsuit. The complaint alleged that the transfer of the data subject's health data from a university hospital to the public institution constituted an unlawful processing of personal data. The Board determined that the transfer violated data protection principles and instructed the data controller to take corrective actions, including disciplinary measures and data destruction. The data subject was also advised to apply for correction through the provincial health directorate. The Board emphasized the importance of timely response to data subject requests.
    Ebru Gümüş
    Burak Özdağıstanli
    Bensu Özdemir

    Processing of Personal Data of the Child without the Explicit Consent of the Parent

    The Personal Data Protection Board assessed a complaint about a marketing company processing a child's personal data without explicit parental consent. The company's self-employed entrepreneur sent a promotional brochure to an 8-year-old child, allegedly processing the child's data unlawfully. The Board clarified that the entrepreneur acted independently as a data controller, and the company had no involvement in the data processing. The argument that personal data was provided by the data subject was rejected, as it didn't meet the exception provision. Processing the child's name and address for marketing purposes didn't fulfill the conditions in the law, resulting in a fine. The company was instructed to obtain explicit consent and comply with data protection regulations.
    Bensu Özdemir
    Ebru Gümüş
    Burak Özdağıstanli

    Transferring Personal Data Abroad Without Obtaining Explicit Consent / May 17, 2023

    In its decision, the Personal Data Protection Board addressed a complaint regarding the unauthorized transfer of personal data from a bank to an insurance company. The complaint alleged that the bank shared the data subject's phone number without explicit consent. The Board determined that the transfer violated the Law on the Protection of Personal Data and the principle of obtaining explicit consent. The data controller failed to provide evidence of informed consent or a lawful basis for the transfer. Sharing personal data without the customer's instruction, even with explicit consent, is prohibited. As a result, the Board imposed a fine on the bank for breaching data protection obligations.
    Burak Özdağıstanli
    Bensu Özdemir
    Ebru Gümüş

    Continuing to Process Personal Data of the Employee by the Employer After the Termination of the Employment Contract

    The Personal Data Protection Board evaluated a complaint about the employer continuing to process the personal data of the data subject after the termination of their employment contract. The complaint stated that the data controller company used the data subject's photos and phone number for promotional purposes and communication with courier companies after the contract ended. The Board found that using the photos for advertising purposes and processing the phone number without proper notification violated the principle of accuracy and up-to-date information. Consequently, an administrative fine of TRY 250,000 was imposed on the data controller, and they were instructed to delete the unlawfully processed data and provide a report to the data subject's representative.
    Burak Özdağıstanli
    Ebru Gümüş
    Bensu Özdemir

    Transferring Personal Data Abroad Without Obtaining Explicit Consent

    The Personal Data Protection Board has imposed an administrative fine of TRY 950.000 (approx. EUR 44.246) on a technology company for transferring personal data abroad without explicit consent from the data subjects, and not responding to their request within the legally specified period. The board stated that the company violated the Law on the Protection of Personal Data and failed to take necessary technical and administrative measures to ensure appropriate security level. Moreover, the company did not submit a commitment to provide adequate protection in the country to which the transfer would be made. The Board instructed the company to make necessary arrangements and inform the Board.
    Ebru Gümüş
    Burak Özdağıstanli
    Bensu Özdemir

    Monetary Thresholds are Increased for the Service Providers in Electronic Commerce

    With a law published on the Official Gazette dated 07 July 2022 and numbered 31889, significant changes were made in the Law on the Regulation of Electronic Commerce with no. 6563 (“Law”). With the relevant amendment, the definitions of "electronic commerce service provider" and "electronic commerce intermediary service provider" and the obligations of these service providers were added to the Law. In addition, certain additional obligations were regulated for service providers exceeding the thresholds determined by the Law. The same Law also stated that the determined thresholds can be increased by half by the President in February 2023.
    Hatice Ekici Tağa
    Sümeyye Uçar

    Elektronik Ticaret Hizmet Sağlayıcılar için Belirlenen Parasal Eşikler Arttırıldı

    07 Temmuz 2022 tarihli 31889 sayılı Resmi Gazete’de yayımlanan bir kanun ile 6563 sayılı Elektronik Ticaretin Düzenlenmesi Hakkında Kanun’da (“Kanun”) önemli değişiklikler yapılmıştı. İlgili değişiklikle, Kanun’a “elektronik ticaret hizmet sağlayıcı” ve “elektronik ticaret aracı hizmet sağlayıcı” tanımları ve bu hizmet sağlayıcıların yükümlülükleri eklenmişti. Ayrıca, bu hizmet sağlayıcılar için Kanun’da farklı eşikler belirlenerek, belirlenen eşikleri aşan hizmet sağlayıcılar için birtakım ek yükümlülükler düzenlenmişti. Yine aynı Kanun’da, belirlenen eşiklerin Cumhurbaşkanı tarafından 2023 Şubat ayı içerisinde yarısına kadar arttırılabileceğine yer verilmişti.
    Hatice Ekici Tağa
    Sümeyye Uçar

    Sharing the Photos Taken During Surgery

    The Personal Data Protection Board evaluated the complaint application about sharing the photos taken during surgery of the data subject and published on the social media account by a doctor who works in the data controller hospital in its decision dated 29.06.2022 and numbered 2022/630.
    Burak Özdağıstanli
    Bensu Özdemir
    Ebru Gümüş

    Sending Order Information to Erroneous Email Address

    The Personal Data Protection Board evaluated the complaint application regarding sending the order information of a third party from the e-commerce website which is the data controller to the data subject in its decision dated 03.08.2022 and numbered 2022/774.
    Burak Özdağıstanli
    Bensu Özdemir
    Ebru Gümüş

    Eserler Üzerindeki Manevi Hakların Devri

    Telif hakları, Fikir ve Sanat Eserleri Kanunu ile koruma altına alınmaktadır. Telif hakkının konusu eser olarak kabul edilmektedir ve öncelikle bir eser olması gerekmektedir. Mali haklar, ekonomik kazanç elde etmeyi sağlamakta ve üçüncü kişilerin eserden yararlanmasını da engelleme yetkisi mali haklar aracılığıyla tanınmaktadır. Manevi haklar ise eser sahibinin kendisi tarafından kullanılan, vazgeçilemeyen ve devredilemeyen haklardır. Manevi haklar, eser sahibinin ölümünden sonraki süreçte de yetmiş (70) yıl boyunca korunur ve bu süre boyunca mirasçılar tarafından kullanılabilir. Manevi hakların devri mümkün değildir, sadece manevi hakları "kullanma" yetkisi devredilebilir. Yargıtay Hukuk Genel Kurulu'nun da benimsemiş olduğu genel görüş ise, manevi hakların devrinin mümkün olmadığı, yalnızca manevi hakları "kullanma" yetkisinin devredilebileceği yönündedir.
    Öykü Su Sabancı
    Hatice Ekici Tağa

    Transfer of Moral Rights Over Works

    The Law on Intellectual and Artistic Works in Turkey regulates copyright, which provides financial, moral, and other rights to the author of a work. While financial rights are transferrable and provide an economic benefit to the author, moral rights are inalienable and non-transferrable, as they reflect the author's bond with the work. After the author's death, moral rights can be used by heirs for seventy years, but they cannot be transferred. Although the author is always the owner of moral rights, he or she may authorize a third party to use them. The Supreme Court has established that only the authority to "use" moral rights can be transferred.
    Hatice Ekici Tağa
    Öykü Su Sabancı

    Failure to Provide the Privacy Policy and Explicit Consent Wording for Cookies

    The Personal Data Protection Board evaluated the complaint application regarding the failure of the data controller to provide the privacy policy and explicit consent wording for cookies on the website of a gaming platform in its decision dated 23.12.2022 and numbered 2022/1358.
    Burak Özdağıstanli
    Bensu Özdemir
    Ebru Gümüş

    Administrative Fines to be Imposed in 2023 under the Personal Data Protection Law

    The Personal Data Protection Board in Turkey has published the lower and upper limits of the administrative fines that may be imposed for violating the Law on Protection of Personal Data No. 6698 in 2023. These administrative fines are regulated in Article 18 "Misdemeanors" of the DPL, and apply to those who fail to fulfill their obligations, including the obligation to inform and the obligations related to data security. The minimum and maximum amounts of the fines are determined by the DPL and updated annually in line with the revaluation rate, and the fines for 2023 have been published by the Personal Data Protection Authority.
    Burak Özdağıstanli
    Ebru Gümüş

    Cosmetic Product Advertisements

    The Cosmetic Regulation defines cosmetic products and sets criteria for their quality and safety. Ads for cosmetic products are subject to restrictions to protect human health. Advertisements must comply with general regulations such as the Regulation on Commercial Advertisement and Unfair Commercial Practices, as well as cosmetics-specific regulations. Cosmetic ads should clearly state the product's features, avoid misleading health claims, and adhere to the cosmetic product definition. The Board of Advertisement closely monitors these regulations, aiming to prevent misleading marketing and ensure accurate information is provided to consumers.
    Hatice Ekici Tağa
    Öykü Su Sabancı

    Complaint to the E-Commerce Platforms in Case of Violation of IP Rights

    The Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers has been published to ensure the development of electronic commerce and establish an effective and fair competition environment. One of the significant amendments to the regulation is the section on the violation of intellectual and industrial property rights. The regulation aims to provide quick results for the protection of intellectual and industrial rights by obligating e-commerce platforms to remove the product subject to the complaint without investigation, thereby taking an active role in protecting intellectual and industrial rights.
    Bensu Özdemir
    Hatice Ekici Tağa
    Ebru Gümüş

    Regulation on E-Commerce Intermediary Service Providers and E-Commerce Service Providers

    Turkey's amended Law on the Regulation of Electronic Commerce has introduced a new Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers. The new rules set out the obligations of electronic commerce intermediary service providers (ETAHS) and electronic commerce service providers (ETHS) concerning the provision and verification of information, the handling of orders, the regulation of unlawful content and unfair commercial practices, and the establishment and amendment of intermediation agreements. The regulation also establishes requirements for the advertising and discount budgets of large and very large ETAHS and ETHS and the creation of an electronic commerce license.
    Burak Özdağıstanli
    Hatice Ekici Tağa
    Bensu Özdemir

    Draft Bill to Amend the Turkish Competition Law

    The Turkish Competition Authority has prepared a Draft Bill to amend the Law on Protection of Competition, aiming to regulate and protect fair competition in the digital sector and align with the European Union's Digital Markets Act. The Draft Bill introduces new definitions, such as "core platform services" and "significant market power" (SMP), and extends the scope of the Authority's supervision to digital platforms providing core platform services. Undertakings with SMP must adhere to certain obligations, and violations may result in administrative fines, while repeated breaches could lead to a ban on mergers and acquisitions for up to five years.
    Hatice Ekici Tağa

    Actor Contracts

    Actor contracts in Turkish cinematographic works are governed by Law No. 5846 on Intellectual and Artistic Works. These innominate, consensual agreements involve transfer of financial rights from actors to producers. Legal characteristics of actor contracts vary, with mixed contracts considered most accurate, depending on each case's specific circumstances.
    Hatice Ekici Tağa
    Öykü Su Sabancı