Sensitive and non-sensitive personal data can be transferred to third parties if the explicit consent of the data subject is obtained, or if one of the additional legal grounds is applicable for such transfer.
The Data Protection Law does not provide a definition for a third party; therefore, any individual or entity (other than the data controller and the data subject) may be considered a third party. This creates a problem, especially in relation to transfers between data…
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Processing Personal Data
In principle, personal data can be processed with the explicit consent of the data subject. On the other hand, personal data can be processed without explicit consent in the following circumstances:
If processing is clearly proposed under the laws;
If processing is mandatory for the protection of life, or to prevent the physical injury of a person, in cases where that person cannot express consent, or whose consent is legally invalid due to physical…
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The Data Protection Law applies to data controllers who process and transfer personal data under their control. Furthermore, in the situation where data controllers utilise the services of third party data processors for these processes, the law holds them jointly liable for taking all of the technical and administrative measures required to ensure the safeguarding of personal data and to prevent any unlawful access or processing.
The Data Protection Law does not envisage the…
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On April 7, 2016, a new law on the protection of personal data came into force in Turkey: The Law on the Protection of Personal Data numbered 6698 (“Data Protection Law”). It is the first law of its kind in Turkey, specifically regulating the protection of personal data.
The Data Protection Law is a step towards harmonizing Turkish legislation with EU legislation, and it was prepared based on Directive 95/46/EC on data protection (“Data Protection Directive”). The Data…
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The regulation amending The Regulation on Sales, Advertisement and Promotion of Medical Devices was published in the Official Gazette No. 31232 dated 02.09.2020.
The most important amendments made to the Regulation on Sales, Advertisement and Promotion of Medical Devices (“Regulation”) related to the restrictions imposed on medical device sales and advertising activities and regulations on notices to be made in personnel changes.
1. New Regulations Imposed on Sales of Medical…
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Introduction
Extension of termination prohibition and unilateral unpaid leave
Extension of short-time working allowance
Introduction
Shortly after the publication of Law 7252 on the Establishment of Digital Platforms Commission and Amendment of Certain Laws in the Official Gazette (Number 31199, dated 28 July 2020), two presidential decrees (Numbers 2810 and 2811) were published in the Official Gazette (Number 31202) on 31 July 2020extending the termination prohibition…
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1. Will there be any loss of rights due to the failure to file patent applications or to make other transactions on time because of the COVID-19 pandemic?
Pursuant to provisional article 1 of The Law on Amendment of Certain Laws No. 7226 (“Law No. 7226”), which enacted by the Turkish Grand National Assembly (“Assembly”) on 25 March 2020, any and all terms in scope of the acquisition, use or extinction of a right, including the terms for filing lawsuits, enforcement…
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This Q&A was written in scope of the legal provisions introduced as of 13 March 2020 to combat COVID-19, after the first COVID-19 case in Turkey was announced on 11 March 2020. The restrictions included in the Q&A have been removed as of 15 June 2020. However, considering the highly increasing number of patients as of September 2020, and the fact that certain enforcement offices have been shut down due to COVID-19, we are of the opinion that several measures may be…
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1. What are the measures to be taken by the employer at the workplace during the COVID-19 outbreak?
Under the duty to protect the employee, the employer is obliged to take occupational health and safety measures and to protect the employee’s health, physical and mental integrity. Also as per the Occupational Health and Safety Act, the employer is obliged to ensure the occupational health and safety of the employees.
In this scope, it is advised that the employer (if exists…
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1. Within the context of the measures taken for combating COVID-19, how will Turkish Patent and Trademark Office (TURKPATENT) function?TURKPATENT is open and active. In order to keep the number of physically working personnel of TURKPATENT at minimum, flexible working methods such as remote or shift working will continue to be implemented. However, as TURKPATENT is a paperless office and has a functional e-filing system, the services of TURKPATENT are not interrupted in this…
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The outbreak of coronavirus (COVID-19), which has been declared as pandemic by the World Health Organization, has led to widespread measures being taken around the world. The coronavirus, first seen in Wuhan, China, in December 2019, has been detected in almost 28 Million cases in 215 countries as of today, creating a global crisis with a death toll of over 900.000.
The number of cases and deaths started to rise rapidly after the announcement of the first case detection in…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 25 July 2020, the Turkish Medicines and Medical Devices Agency published an update to its announcement titled Precautions to be taken in Clinical Research due to the COVID-19 pandemic (Turkish language) that was originally published on 20 March 2020. The update reflects feedback collected from the industry.
The updated announcement states the following:
Applications to conduct online meetings between research personnel…
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