Liabilities of Board Members of Capital Companies in Turkey

Av. Ali Yurtsever 1. Overview The main legislation governing the duties, responsibilities and the liabilities of board members of capital companies in Turkey, (JSCs and LLCs) is the Turkish Commercial Code No. 6102, (TCC). As a rule, the TCC requires the Board Members to act as cautious executives and protect the interests of the company …

CAPITAL INVESTMENT IN TURKEY

Av. Ali Yurtsever 1. OVERVIEW Over the past few years, several different developments, both transnational and domestic, have had effect of making capital investment in Turkey a more desirable and approachable prospect for foreign investors. These developments range from global socio-political changes to internal economical issues Turkey has been experiencing these past several years, making …

8 Principles for Lawful Personal Data Processing in Turkey

Av. Ali Yurtsever L.L.M Personal Data Processing & LPDP The legal landscape surrounding digital data has been steadily changing and evolving over the years. The overall pace of this change increased with Europe’s implementation of the GDPR, which pushed other countries to adapt to this new set of rules and regulations. To keep up with the …

Personal Data Protection in Turkey

Av. Ali Yurtsever L.L.M The Law on Personal Data Protection With the implementation of the Law on Personal Data Protection No. 6698 (‘the LPDP’), new rules and obligations were imposed on data controllers and data processors. The LPDP further stipulated serious monetary fines and prison sentences to those who violate these obligations. Unfortunately, most data controllers/processors …

Early Dismissal of Foreign Academics In Turkish Universities

Av. Ali Yurtsever L.L.M I. Legal Standing of Foreign Academics in Turkey The legal standing of academic personel (and foreign academics) employed in universities have been the subject of long-standing debates, mainly due to the conflicting decisions and precedents issued by the higher courts (Court of Appeals and the Council of State). The main issue with this …

Distributorship Agreements Under Turkish Law

I. Legal Standing of Distributorship Agreements Distributorship agreements do not have a clear definition under Turkish law and are therefore a complex and unique type of agreement. They can be generally defined as agreements allowing for the distribution of produced goods to customers and end users, where the manufacturer of a specific good agrees with a …

INTELLECTUAL PROPERTY (IP) STRATEGY FOR START-UPS

Importance of Intellectual Property for Startups For entrepreneurs, registering an IP can be financially challenging and legally complicated, especially during the initial incorporation stage. Considering the value and importance of intellectual assets, it is vital for every startup to have an IP strategy to ensure that these assets are well protected. This may also have …

Appeals Against Administrative Fines

How to Appeal Against Administrative Fines Imposed by the Turkish Data Protection Authority Av. Ali Yurtsever L.L.M With the implementation of the Law on the Protection of Personal Data No. 6698 (LPPD) and its secondary regulations, the Data Protection Authority (DPA), tasked with monitoring violations of LPPD obligations, have started to impose administrative fines to persons and/or companies violating their obligations set …

Commercial Electronic Messages

Commercial Electronic Messages and Message Management System Registration Process Av. Ali Yurtsever L.L.M With the entry into force of the Law No. 6563 on the Regulation of Electronic Commerce (Law), the transmission of commercial electronic messages used by many companies for promotional and advertising purposes to users and customers is subject to certain terms and conditions. Following the recent …

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