Bilge Derinbay is a partner in our firm
where she provides dispute resolution and transactional consultancy to local
and international clients in Commercial and Corporate Law, Life Sciences Law,
Copyright, Advertising, Media and Entertainment Law and Personal Data
Protection Law.Derinbay has over 20 years of
experience assisting local and multinational companies operating in the sports
marketing, information technologies, pharmaceuticals, and medical devices
sectors, helping develop commercial strategies, operating multinational
investment and compliance projects, and representing them before administrative
and legal bodies. She is frequently consulted for her copyright, media, and
advertising law expertise and regularly publishes in numerous international
journals. Practice Areas &amp; Work Department

Commercial and
 Corporate Law

Advertising, Media
 and Entertainment Law

Product Liability

Data Protection Law

Information
 Technologies Law

Anti-Corruption and
 Compliance 



Languages

English, French

 

Memberships

Istanbul Bar Association

NSN Law Firm is a full-service law firm with 14 partners and over 45
lawyers, providing an “all in one” service with a specific
sector-oriented perspective from legal consultancy to litigation in relation to
various matters to our domestic and international clients operating in a wide
variety of sectors, especially in healthcare, food, media, informatics,
software, industrial and home appliances technologies, and logistics sectors.Our Firm’s main purpose is to cover its clients’ diverse needs in various
industries by providing tailor-made and creative solutions. Also, the Firm’s
dedicated service approach helps our clients stand out in their respective
sectors. Thanks to this approach, the Firm is involved in cutting-edge
litigation and administrative processes. Every question from our client is
answered by our attorneys, who are experts in their fields, from a sectoral
point of view.The capacity of our team increases every year with experts and colleagues
who are developing and growing. Our senior team members have been working for
the Firm for a long time. Hence, the sub-teams dedicated to specific clients
have comprehensive knowledge of our client’s needs, as they know their clients
and their history very well and take their commercial needs and requirements
from the past into account when providing a new service. Using technological
online data systems also helps our team improve collaboration, provide clarity,
and achieve better results.Main Areas of PracticeCorporate &amp; Commercial LawWe assist
numerous national and international clients in setting up businesses in Turkey,
including the establishment of companies for our clients from the USA, UK, and
EU operating in various sectors, especially in the healthcare, food, media,
informatics, industrial and home appliances technologies, maritime, and
logistics sectors. We also provide consultancy services in share transfer,
asset acquisition, mergers and acquisitions, sale transactions, fulfilment of
due diligence processes, and establishment of joint ventures.We are
highly competent in resolving commercial disputes that arise specifically for
the needs of the sector in which our clients operate, and we provide high-level
Contract Law services in the preparation of mixed-type contracts on large-scale
projects and in the conduct of negotiations in accordance with the legislation.
We also play an active role in the resolution of disputes that arise during
commercial operations, as well as providing consultancy services regarding
corporate internal management processes in order to carry out our client’s
daily operations uninterruptedly.In
addition, our firm handles and manages all legal issues that our clients face
within the scope of their e-commerce activities. Being that we have many clients
who are considered service providers, marketplace owners, and sellers in line
with the local e-commerce legislation, we are providing them with high-quality
assistance on all matters related to their activities in the area.Advertising &amp; Media &amp;
Entertainment LawOur firm provides an
"all in one" advertising, media, and entertainment service
from clearance, investigation, and registration to litigation and
enforcement.&nbsp;Our legal advisory services in the entertainment sector
include contract preparation, copyright protection, the prevention of probable
infringement, and follow-up of regulatory procedures for obtaining necessary
permits and licenses prior to production.We represent our clients, mainly operating in
the telecommunication, production, social media, and gaming sectors, in
creating solutions for information technology. In line with this, our team
provides legal consultancy on conducting risk analyses and resolving trademark
and copyright conflicts that our clients may face during their e-commerce,
advertisement, and distribution activities.Beyond the classical
media, we provide legal consultancy and compliance services to the social media
and technology companies that develop the most used mobile applications
worldwide. These consultancy services involve various legal services, from
providing advertisement clearance and ensuring compliance with the national
lottery and IT regulations to following litigation proceedings before civil,
administrative, and criminal courts.Transportation
&amp; Maritime &amp; Admiralty LawOur firm is a leader in resolving all national and international disputes
arising from all types of transportation, including land, air and sea
transportation and combined transportation. We have a high level of experience
in managing, advising and litigating all types of shipping disputes,
particularly in relation to issues arising from maritime trade; serious
maritime accidents, cargo damage, bill of lading problems, salvage assistance,
towage services and ship fires. In addition to all these legal services, we
also represent clients in the purchase, sale and financing of ships and yachts.Especially in the case of oil pollution and all kinds of marine pollution
incidents, the administrative authorities refer to our team's expertise. Our
team took an active role in the preparation of Regional and National Emergency
Action Plans in the field of marine pollution and contributed to the
implementation of these plans.Pharmaceuticals
and Life Sciences LawWe offer high standard legal services to our clients
for every aspect of Pharmaceuticals and Life Sciences Law including without
limited to pharmaceuticals, medical devices, food supplements, special
nutrition products, infant food and cosmetics.
We mainly provide legal support and consultancy to our
clients in all compliance matters. Particularly, we handle marketing and
promotional activities, relations with the administrative authorities,
healthcare institutions and healthcare professionals and compliance of the
standard operational procedures and contracts with the regulations.
As part of market access process, we also support our
clients on a comprehensive range of industrial legal matters including
regulatory compliance and organization of warehousing and distribution
facilities and surrounding relations in the light of the Competition Law. Our
area of work also covers due diligence investigations on anti-corruption and
anti-bribery matters as well as internal compliance audits in the healthcare
sector.Intellectual &amp; Industrial
Property LawOur firm is one of the
few prominent law offices in Turkey specializing in the field of intellectual
and Industrial Property Law, and we cover all types of IP related rights
including patent and trademark, copyright, utility models, industrial design,
geographical indications, plant varieties, and domain name conflicts. Our IP
team is unique in Turkey for offering strategic business-oriented solutions to
our international and domestic clientele by combining our expertise in
Intellectual and Industrial Property Law with our significant Regulatory
expertise in various sectors, especially pharmaceuticals.We guide our clients through
all phases of administrative and legal proceedings in the management of their
intellectual property portfolios, including conducting necessary pursuit for
the registration and continuity of industrial property rights before the
Turkish Patent and Trademark&nbsp;Office and conducting license, transfer, and
other agreements and transactions regarding the subject rights. We also pursue
strategic opposition and litigation proceedings before Turkish Patent and
Trademark&nbsp;Office and the Courts in order to prevent unfair and illegal
registration and use by third parties, within the scope of combating piracy and
counterfeiting, and we make all necessary applications before the customs
directorates, conducting research and initiating the necessary legal
proceedings when necessary.&nbsp;

NSN Law Firm

Partner

&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">With the Amendment of Income Tax Law and Certain Laws and Decree Laws ("&lt;/span>&lt;strong>Law&lt;/strong>&lt;span style="font-size: 14px;">") published in the Official Gazette on 09.11.2022, significant amendments were made to the Decree Law No. 320 on National Lottery ("&lt;/span>&lt;/span>&lt;strong style="font-size: 14px;">Decree-Law&lt;/strong>&lt;span style="font-size: 14px;">"). Within the scope of these amendments, new regulations have been introduced regarding the penal provisions, organization of lotteries and draws.&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">&lt;strong>Right to Organization of Lotteries and Draws&lt;/strong>&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">While an application fee has been paid to obtain a permission from the National Lottery Administration ("&lt;/span>&lt;/span>&lt;strong style="font-size: 14px;">Administration&lt;/strong>&lt;span style="font-size: 14px;">") by the virtue of practice, this fee is now regulated under the legal regulation in Turkey. As per the amendment made to Article 41 of the Decree-Law, real persons and legal entities who apply Administration to organize any type of non-cash goods and similar lotteries and draws in Turkey is required to pay an application fee of TRY 2.000,00 as of 09.11.2022.&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">Furthermore, it is specified that 15% of the total market value of bonuses, prizes, or similar benefits offered in lotteries, which have been granted permission by the Administration following examination of the application, shall be subject to a separate charge as a permit fee. Moreover, if the bonuses, prizes, or similar benefits promised in the lotteries are imported from abroad or produced by other real persons or legal entities, a permit fee of 30% of the total market value shall be charged.&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">Lastly, the application fee shall be adjusted annually in accordance with the revaluation rate determined and announced under the Tax Procedure Law for the preceding year, starting from the beginning of each calendar year.&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;strong>Penal Provisions&lt;/strong>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">In line with the amendment made in Article 52 of the Decree-Law, the following new penal provisions have been stipulated for the violation of the Decree-Law;&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;strong>1- &lt;/strong>&lt;span style="font-size: 14px;">Without relying on the authority or permission granted by the legislation or authorized institutions and organizations:&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;strong>a-&lt;/strong>&lt;span style="font-size: 14px;"> Those who organize or provide opportunities to play any kinds of goods lottery, games of chance, or joint betting or similar games shall be sentenced to imprisonment from three to five years and a judicial fine up to ten thousand days,&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;strong>b-&lt;/strong>&lt;span style="font-size: 14px;"> Those who provide access to all kinds of goods lottery, games of chance, games of chance, joint betting and similar games played abroad via the internet or by other means, enabling them to be played in Turkey, shall be sentenced to imprisonment from four to six years and a judicial fine up to five thousand days,&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;strong>c-&lt;/strong>&lt;span style="font-size: 14px;"> Those who mediate the money transfer in connection with all kinds of goods lottery, games of chance and joint betting or similar games, shall be sentenced to imprisonment from three to five years and a judicial fine of up to five thousand days,&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;strong>d-&lt;/strong>&lt;span style="font-size: 14px;"> Those who encourage people to play all kinds of goods lottery, games of chance, joint betting or similar games through advertising and other means are sentenced to imprisonment from one year to three years and a judicial fine of up to three thousand days,&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;strong>e-&lt;/strong>&lt;span style="font-size: 14px;"> Those who play all kinds of goods lottery, games of chance and joint betting or similar games organized by third parties in physical or electronic environments, shall be sentenced to an administrative fine ranging from TRY 5.000,00 to TRY 20.000,00.&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;strong>2- &lt;/strong>&lt;span style="font-size: 14px;">Within the scope of the organization of all kinds of non-cash goods lotteries, joint betting and similar games in physical or electronic environment; individuals who fail to conduct the draws, announce the results of the draws, or fulfill their obligations despite obtaining the necessary permission shall be punished with imprisonment ranging from two months to two years and a judicial fine of up to three thousand days.&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">The workplaces in which the aforementioned offenses are committed shall be sealed and closed for a maximum of three months without prior notice by the highest local administrative authority.&nbsp;&lt;/span>&lt;/span>&lt;/span>&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">The licenses of workplaces that hold an operating license shall be cancelled by the authorized administration within five working days upon notification by the highest local administrative authority.&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">It is also important to note that in the event that the crimes specified in Article 52 of the Decree-Law are committed, all assets acquired through the crime will be subject to confiscation in accordance with the provisions on confiscation of property and earnings set forth in the Turkish Penal Code No. 5237 during the criminal investigation.&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">Finally, the measures related to &lt;/span>&lt;strong style="font-size: 14px;">(i)&lt;/strong>&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;"> seizure of immovables, rights and receivables, &lt;/span>&lt;strong style="font-size: 14px;">(ii)&lt;/strong>&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;"> detection, interception and recording of communication, &lt;/span>&lt;strong>(iii)&lt;/strong>&lt;span style="font-size: 14px;"> assignment of a secret investigator and &lt;/span>&lt;/span>&lt;/span>&lt;strong style="font-size: 14px;">(iv)&lt;/strong>&lt;span style="font-size: 14px;"> monitoring by technical means, as set out in the Criminal Procedure Law No. 5271, as set out in subparagraphs (a), (b), (c) and (d) and paragraph 2 above, would be applied.&lt;/span>&lt;/span>&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">As it seen, the Law has brought about significant changes in the national lottery legislation and has established more detailed conditions for organizing lotteries and draws. Furthermore, the scope of criminal liability has been expanded through the much more comprehensive penal provisions compared to the previous version of the text.&lt;/span>&lt;/span>&lt;/span>&lt;/p>&lt;p style="text-align: justify;">&lt;span style="font-family: Arial, Helvetica, sans-serif; font-size: 14px;">&lt;span style="font-size: 14px;">&lt;span style="font-size: 14px;">The new amendments summarized above entered into force on 09.11.2022. You may access the Law by&nbsp;&lt;/span>&lt;span style="font-size: 14px;">&lt;a href="https://www.resmigazete.gov.tr/eskiler/2022/11/20221109-10.htm" target="_blank" rel="nofollow" style="color: rgb(3, 102, 132);">&lt;strong>this link&lt;/strong>&lt;/a>&lt;/span>&lt;span style="font-size: 14px;">&nbsp;(Official Gazette, in Turkish).&lt;/span>&lt;span style="font-size: 14px;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&lt;/span>&lt;/span>&lt;/span>&lt;/p>

With the Amendment of Income Tax Law and Certain Laws and Decree Laws published in the Official Gazette on 09.11.2022, significant amendments were made to the Decree Law No. 320 on National Lottery.

Lawyers Bilge Derinbay

Bilge Derinbay

New Regulation on Organization of Lotteries and Draws in Turkey