Principle decision about the personal data of third parties illegally provided by data subjects

January 2021 – The Personal Data Protection Board (“Board”) has published on December 22, 2020, a Principle Decision (the “Principle Decision”) on the personal data of third parties illegally sent by data subjects to data controllers upon the latter’s request such as phone numbers, e-mail addresses. The Principle Decision has been published in the Official Gazette on January 15, 2021. In the complaints and notices sent to the Board, it has been alleged that data controllers operating...

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Two-minute recap of recent developments in Turkish competition law – December 2020

January 2021 – The year 2020 was a very interesting year for all of us, for obvious reasons. We hope you’ve had a wonderful holiday season and wish you a happy 2021. In 2020, the Turkish Competition Authority (the “Authority”) concluded a total of 178 merger control filings in Phase I. At the same time, the Authority was quite busy in 2020 with developments in digital markets—increasing the number of its investigations in this area, the amount of monetary fines, and also adopting new...

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The WhatsAppocalypse: Turkish Competition Board launches in-depth investigation against Facebook and WhatsApp

January 2021 – The Turkish Competition Board (“the Board”) announced on its website on 11 January that it has launched an ex-officio investigation into the privacy practices of social media giant Facebook and its messaging and online messaging platform unit, WhatsApp. For convenience we provide a translation of the announcement published on the Board’s website: “The Turkish Competition Board (“the Board”) launched an ex-officio investigation of Facebook and WhatsApp and stopped...

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Non Bis In Idem: How Will Competition Law in Turkey Be Shaped?

December 2020 – The case in question dates back to 2017. In its decision dated 25 October 2017, the Turkish Competition Board (the “Board“) ruled against the company Mey İcki San. ve Tic. A.S. which is the Turkish subsidiary of Diageo plc (“Diageo”), based on allegations that it had abused its dominant position in the vodka and gin markets. This decision was subsequently annulled by the Regional Administrative Court’s 8th Chamber (“Regional Administrative Court”) as a result...

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How did BMW, Daimler, Ford and VW “jump the gun” in Turkey?

December 2020 – The Turkish Competition Board has recently given its approval to the unnotified transaction concerning the establishment of a joint venture (i.e., IONITY Holding GmbH & Co.KG (“IONITY”)) by Bayerische Motoren Werke Aktiengesellschaft (“BMW”), Daimler AG (“Daimler”), Ford Motor Company (”Ford”), and Dr. Ing. h.c. F. Porsche Aktiengesellschaft (“Porsche”), stressing that the transaction does not significantly impede effective competition under Article 7...

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Two-minute recap of recent developments in Turkish competition law – October 2020

November 2020 – In October, the Turkish Competition Authority (“TCA”) announced two important new regulations. One contains guidelines regarding on-site inspections and the examination of digital data. In a nutshell, the TCA has indicated that it is entitled to examine all types of data within documents stored on electronic devices, including personal mobile phones, during on-site inspections and/or to copy such data and bring it to the TCA’s premises for examination. We analyse the guidelines...

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Turkish Competition Board penalises five international banks for not providing requested information

November 2020 – The Turkish Competition Board (“Board”) recently published its reasoned decision[1](“Decision”) concerning the requests for information pertaining to data on traders’ chat-rooms from a number of financial institutions operating in Turkey as part of its preliminary investigation[2]. The Board conducted an on-site inspection, followed by two requests for information. The initial notification by the Board requested information comprising all chat-room communications of traders...

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New Draft Communiqué paves the way for the application of the de minimis doctrine under Turkish competition law

October 2020 – The Turkish Competition Board (the “Board”) has presented for public consultation a draft Communiqué on ”Agreements, Concerted Practices, and Decisions and Practices of Associations of Undertakings which are Considered not to Appreciably Restrict Competition” (the “Draft Communiqué”) in accordance with Articles 27(f) and 41(2) of Law No. 4054 on the Protection of Competition (“Law No. 4054”). The Draft Communiqué provides a safe harbour for agreements between...

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Procedures and principles for social network providers in Turkey

October 2020 – Recent amendments to Turkish Law No. 5651 “On the Regulation of Broadcasts via the Internet and Prevention of Crimes Committed through Such Broadcasts” (the “Amendments”) have widened the scope of Law No. 5651 to cover social network providers (“SNPs”). We summarise these legislative changes in a previous article, which can be accessed here. The relevant body to oversee the application of Law No. 5651, the Information and Communication Technologies Authority (“ICTA”),...

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The Turkish Competition Authority wants to take “a quick look” at employees’ personal mobile devices

October 2020 – Overview of recently issued “Guidelines for the Examination of Digital Data during On-site Inspections” The Turkish Competition Authority (the “TCA”) has recently issued “Guidelines for the Examination of Digital Data during On-site Inspections (the “Guidelines”). This comes in response to a recently enacted law (no. 7246, dated 16 June 2020), which has introduced significant amendments to paragraph a) of Article 15 (“On-site Inspections”) of Law No.4054 on the Protection...

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