Contributors Unsal Law

Ünsal Law Firm is unique with its multiple jurisdiction bar admissions in New York, England, Wales, and Turkey. Ünsal focuses on particular fields of law and truly understands your business and priorities.

Ünsal Law comes with its innovative, positive and solution-oriented approach and skillfully navigates investors and entrepreneurs through complex legal, commercial, corporate and regulatory procedures. Ünsal Law provides services to leading international and local private and listed companies, investors, entrepreneurs and government institutions.

Ünsal Law is committed to providing high-quality services to its clients in the areas of information technologies law, fintech, crypto & blockchain law, media & entertainment law, data protection law, IP law, mergers & acquisitions and corporate law, healthcare & life sciences law.


Key Contacts

Fintech, Technology & Telecoms, Information Technologies, Digital Assets and Blockchain, Data Protection & Privacy, Intellectual Property, E-Commerce, Corporate Governance
Data Protection & Privacy, Innovation & Technology, Telecommunication, Litigation
Corporate, Information Technologies, Fintech, Blockchain
Data Management, Data Protection and Privacy, Information Technologies, Fintech, Crypto Asset and Blockchain, Intellectual Property, E-Commerce, Corporate Governance

Awards

Fintech, Technology & Telecoms, Information Technologies, Digital Assets and Blockchain, Data Protection & Privacy, Intellectual Property, E-Commerce, Corporate Governance
Data Protection & Privacy, Innovation & Technology, Telecommunication, Litigation
Corporate, Information Technologies, Fintech, Blockchain
Data Management, Data Protection and Privacy, Information Technologies, Fintech, Crypto Asset and Blockchain, Intellectual Property, E-Commerce, Corporate Governance
Capital Markets, FinTech, Corporate Governance, Blockchain, Sustainability, Commercial Law
Blockchain & Digital Assets, Data Protection & Privacy, Corporate Compliance, Commercial, Employment
Commercial Law, Intellectual Property Law, Corporate Law, Contracts, Litigation
Corporate, Contracts, FinTech, Blockchain, Crypto Assets

The New Draft Regulation On Cross-Border Data Transfers

On 9 May 2024, the New Regulation Draft on the Procedures and Principles Regarding the Cross-Border Transfer of Personal Data ("Draft Regulation") has been published by the Turkish Data Protection Authority's (“DPA”). Now interested parties may submit opinions on the Draft Regulation.

Unsal Law
16.05.2024

The New Turkish Data Protection Law and Cross-Border Data Transfers

On 12 March 2024, the amendments to the Personal Data Protection Law No. 6698 has been published in the Official Gazette.

Unsal Law
04.04.2024

New Turkish Personal Data Protection Law, Data Transfers And Sensitive Data

On 16.02.2024, the bill proposing amendments to the Personal Data Protection Law No. 6698 (the "KVKK") has been submitted to the Parliament (Law Proposal on the Amendment of the Criminal Procedure Law, Certain Laws and the Decree Law No. 659 ("Proposal" or "Amendment"). Purpose of the Amendment is to further harmonize an already aligned KVKK with the GDPR, which has been a priority for the Turkish regulators as stated in their strategy and policy documents for years.

Unsal Law
22.02.2024

Mobile App Privacy And Data Protection Compliance

Mobile application is a specialized computer program or software designed to run on mobile devices like smartphones, tablets, or smartwatches. The widespread prevalence of mobile applications is significant due to the convenience and accessibility they offer in various aspects of our daily lives. However, this ubiquity also brings data privacy risks that are noteworthy. As mobile applications become increasingly common, users often share personal data, preferences, and usage patterns, making their data vulnerable to potential privacy breaches.

Unsal Law
07.02.2024

Turkey's Crypto Law Down to Home Stretch

Despite being one of the most active and preferred countries for crypto service providers and crypto asset projects, Turkey has not regulated the crypto market, yet. This is about to change very soon and the new law will entrench Turkey's position as a crypto-friendly country.

Unsal Law
24.01.2024

The Latest On The EU-US Data Transfers

The EU-US Data Privacy Framework received an adequacy decision by the European Commission on 6th July 2023. The decision allows the transfer of personal data between the EU and the US under certain requirements. However, concerns remain about the effectiveness and implications of the Framework. It follows previous agreements like Safe Harbor and Privacy Shield, which were invalidated by the CJEU due to concerns over US surveillance practices. Organizations must be vigilant about developments and adhere to data protection regulations for secure data transfers.

Unsal Law
26.07.2023

Fintech Laws and Regulations Turkiye 2023 - Part 2

In Turkey, the collection, use, and transmission of personal data are regulated under the Personal Data Protection Law (KVKK). Fintech businesses must comply with the KVKK's requirements for lawful and transparent data processing, explicit consent, and security measures. The KVKK applies to organizations established outside Turkey if they process personal data of individuals in Turkey. Data privacy violations may result in administrative fines, criminal sanctions, and civil liability. Fintech businesses must also adhere to cyber security regulations, including data protection and AI strategies. AML and financial crime requirements apply to crypto asset service providers.

Unsal Law
24.07.2023

Fintech Laws and Regulations Turkiye 2023 - Part 1

The fintech landscape in Turkey encompasses various types of fintech businesses, such as payment systems, digital banking, decentralized finance, insurance technologies, and more. The market has seen significant growth, with over 600 active fintech companies reported as of February 2023. The COVID-19 pandemic has accelerated the adoption of digital financial services, particularly contactless payments and online banking. There is also a growing focus on sustainable finance, and regulatory agencies support fintech development. Crypto asset usage for payments is prohibited, but crypto exchanges are currently allowed to operate. Incentive schemes and funding options are available, including angel investors, venture capital, and government loans. IPOs and acquisitions have occurred in the fintech sector. Regulatory frameworks exist for electronic money institutions, payment systems, digital banking, and other fintech activities. Specific regulations for cryptocurrencies or crypto assets are currently under development, and a regulatory sandbox is being established for fintech testing.

Unsal Law
19.07.2023

TMT Comparative Guide - Part 5

In the telecommunications sector, Turkey's Information and Communication Technologies Authority (ICTA) establishes and protects competition, imposing obligations on operators with market power. Predatory pricing and hindering competitors are prohibited. The ICTA conducts market analysis and can impose obligations and fines on operators. Unfair competition provisions apply to internet activities, including domain names and advertising. Media broadcasting content must not serve unfair interests, and measures prevent media monopolization. Social media influencers must comply with advertising guidelines. The Competition Authority collaborates with sectoral regulators, but its powers do not extend to overseeing other public institutions. Data security measures are mandated for telecommunications operators and ISPs. Cybersecurity measures exist, particularly for critical infrastructure sectors. Legislative reforms are expected, including amendments to the data protection law. TMT players should be aware of licensing requirements and consider the regulatory landscape.

Unsal Law
10.07.2023

TMT Comparative Guide - Part 4

In Turkey, provisions for high-speed broadband are governed by the Electronic Communications Law. Net neutrality regulations are not specific, but non-discriminatory provision of electronic communication services is ensured. ISPs may block websites for specific crimes. The use of VPNs is not prohibited, but restrictions exist. ISPs are not liable for offending content unless they fail to block it. Digital platforms are regulated under various laws. Public broadcasters are governed by the TRT Law, and commercial broadcasters require licences from the RTSC. Competition regulations apply, and mergers/acquisitions require approval. Challenges include competition protection and fair practices.

Unsal Law
10.07.2023

TMT Comparative Guide - Part 3

In Turkey, telecommunications operators require permission from the ICTA to transfer shares of 10% or more and must inform the ICTA for transfers below 10%. Mergers and takeovers also require ICTA permission, and operators must comply with application requirements. The ICTA regulates interconnection, numbering, and allocation of frequencies. Universal service obligations include fixed telephony, emergency calls, basic internet, and more. Interconnection fees are determined by the ICTA. Number portability is available, and operators must provide it. Retail customer charges and terms are subject to regulation by the ICTA.

Unsal Law
09.07.2023

TMT Comparative Guide - Part 2

Authorizations and licenses required for operating in the telecommunications, internet, media, and social media sectors vary. In telecommunications, two types of permissions are needed: notification to the ICTA and right-of-use authorization. Internet providers must notify the ICTA, while ISPs require ICTA authorization and membership in the Access Providers Association. Media providers must obtain broadcasting licenses from the RTSC. Social media services do not require specific licenses. The application process involves submitting necessary documents, and ongoing compliance is monitored. Penalties may be imposed for violations. Authorizations/licenses have different durations and can be renewed or transferred with regulatory approval.

Unsal Law
02.07.2023

TMT Comparative Guide - Part 1

The legal and enforcement framework for telecommunications, internet, media, and social media in Turkey is governed by various legislative and regulatory provisions. In the telecommunications sector, the Electronic Communications Law (5809) regulates the provision of services, infrastructure, equipment, and scarce resources. The Internet is governed by the Law on Regulation of Publications on the Internet (5651), along with other regulations and the recently introduced Anti-disinformation Law. Media is regulated by laws such as the Law on the Establishment and Broadcasting Services of Radio and Television Enterprises (6112), and social media falls under the supervision of the Information and Communication Technologies Authority (ICTA) and is subject to the Anti-disinformation Law. The key enforcement bodies are the ICTA, Ministry of Transport and Infrastructure, Radio and Television Supreme Council (RTSC), and the Competition Authority. Restrictions on foreign ownership and specific authorizations and licenses vary across these sectors.

Unsal Law
22.06.2023

Real Estate Tokenization

Real estate tokenization is a thriving business model, offering fractional ownership, liquidity, and accessibility through blockchain technology. Properties are represented as digital tokens, either as ownership interests in a company or directly on the title deed registry. Tokens can provide additional rights like profit-sharing and voting. Legal considerations vary by jurisdiction, including licensing, data protection, and securities regulations. While Turkey's regulatory framework is evolving, it presents opportunities for real estate tokenization. Buyer protection, compliance, and informed decision-making are crucial. Advancements in technology and regulations, such as MiCA, hold promise for the future of real estate tokenization, increasing transparency and efficiency.

Unsal Law
21.06.2023

MiCA Dissected! Part 3 - Requirements For Non-Security Crypto Assets

MiCA introduces a comprehensive set of guidelines for those seeking to issue, offer, or list crypto-assets. It is crucial to have a comprehensive understanding of these requirements as non-compliance could result in significant consequences.

Unsal Law
14.06.2023

MiCA (Markets In Crypto Assets) Dissected - Part 2

MiCA, the European Union's Markets in Crypto-Assets Regulation, applies to natural and legal persons engaged in issuance, offer to the public, and admission to trading of crypto-assets, or that provide services related to crypto-assets in the EU. The regulation does not apply to entities and persons that provide crypto-asset services for their parent companies and subsidiaries, national central banks of the EU member states when acting as a monetary authority, or public international organizations. Non-EU firms providing crypto-asset services to EU clients must obtain authorization in the EU. MiCA defines crypto-assets as a digital representation of a value or right that can be transferred electronically, and classifies them into three categories based on risks. CASPs must meet specific requirements based on the type of service they offer and the risks associated with each.

Unsal Law
06.05.2023

MiCA’ya Genel Bakış

Avrupa Parlamentosu, 20.04.2023'te kripto varlık ve piyasalarını düzenleyen MiCA yönetmeliğini onayladı. 27 AB üyesi ülke için geçerli olan MiCA, kripto varlıkları üç kategoriye ayırarak standartlar belirliyor ve kripto varlık hizmet sağlayıcıları için düzenlemeler getiriyor. MiCA'nın amacı, AB çapında tek tip bir kripto varlık düzenlemesi sağlayarak, yasal belirsizlikleri ve rekabet dengesizliklerini azaltmak ve piyasa katılımcılarının AB genelinde faaliyet göstermek için tek bir lisans almalarına olanak tanımaktır. Bu düzenleme, Türkiye'de kripto varlık mevzuatı için de referans alınabilecek önemdedir.

Unsal Law
02.05.2023

MiCA (Markets In Crypto Assets) Dissected - Part 1

European Parliament has finally passed the long debated and much anticipated MiCA, the comprehensive crypto assets and markets legislation on 20.04.2023. Since MiCA is a regulation rather than a directive, it will apply directly across 27 states and achieve maximum uniformity among the EU member states.

Unsal Law
28.04.2023

Differences in General Principles of APEC Privacy Framework and GDPR

The importance of privacy has increased due to the significant increase in data processing methods and activities along with rapid technological developments and globalisation. As a result, many countries and regions have adopted privacy laws to ensure harmony for the protection of the personal data of individuals.

Unsal Law
10.04.2023
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