Turkish authorities implement additional measures in the judiciary to curb spread of covid-19

The authorities continue to implement precautions in the judiciary system in order to prevent the spread of the COVID-19 disease caused by the new corona virus, which was declared a pandemic disease by the World Health Organization on 11.03.2020. The first precaution was announced on 13.03.2020 by the Council of Judges and Prosecutors where it recommended […]

Zihni BilgehanSenior Partner, Ersoy Bilgehan

Information note prepared by Doğa Sigorta A.Ş.

You can reach the information note prepared by Doğa Sigorta A.Ş. regarding the data breach that occurred within the personal data protection authority at the link below. Doğa Sigorta A.Ş.’nin bünyesinde meydana gelen veri ihlaline ilişkin olarak Kişisel Verileri Koruma Kurumu tarafından yayımlanmış kamuoyu duyurusuna ilişkin hazırlamış olduğumuz bilgi notuna aşağıdaki linkten ulaşabilirsiniz. READ MORE HERE

Erdem BalkanPartner, Guzeldere & Balkan Law Firm

New Precautions Issued for Marine Transport Industry to Fight the Covid-19 Pandemic

With the global community holding their breath to see how the COVID-19 pandemic will affect all aspects of our lives, from business to our daily behaviour, governments are issuing precautions to slow down the worrying trend of the infection. One of the latest precautions issued came from the Turkish Ministry of Transport and Infrastructure via […]

Zihni BilgehanSenior Partner, Ersoy Bilgehan

The Fight Against Coronavirus In The Workplace: A Data Protection And Employment Law Perspective (Part 1)

As of 30 January 2020, World Health Organization (WHO) has declared “Public Health Emergency of International Concern” due to the Covid-19 disease caused by SARS-CoV-2 virus, known as the novel coronavirus (hereinafter simply “coronavirus”). The Harvard epidemiology professor Marc Lipsitch predicted that within the coming year, 40 to 70 percent of people around the world will be infected with the virus. […]

Zihni BilgehanSenior Partner, Ersoy Bilgehan

Turkey to Centralize Marketing Consents in a New Electronic System Resembling Do-Not-Disturb Registries

Pursuant to the Regulation Amending the Regulation on Commercial Communication and Commercial Electronic Messages (“Regulation”) that was published in the Official Gazette dated 4 January 2020 and numbered 30998, all-natural and legal entities that deliver electronic commercial messages are obliged to register with the Centralized Commercial Message Management System (“IYS”). IYS will come into effect on 1 […]

Zihni BilgehanSenior Partner, Ersoy Bilgehan

Major Development: New Documentation Requirements Introduced For Turkish MNEs

Cabinet Degree on Disguised Profit Distribution Through Transfer Pricing numbered 2007/12888, dated 27.11.2007, has been amended by the Presidential Decree numbered 2151, dated 24.02.2020, in accordance with Article 13 of Corporate Income Tax Code numbered 5520. The Presidential Decree basically envisages the followings: Amendments have been made on definition of related party; Master file and […]

Software Patents in European, US and Turkish Jurisdictions

Software, is a collection of data instructions that allow the computer to function and perform the commanded task. While the term itself is a collection of computer programs, libraries and any related data, software is often used identical to computer programs. In some jurisdictions, the term ‘computer program’ is used, to indicate its functionality. (Often […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Ensuring Full Compliance with Aircraft Certification from Turkish Law Aspect

To operate an aircraft, aircraft certification, as a pre-condition, must be obtained from the relevant aviation authority.[1] Like many others, United States Federal Aviation Administration(“FAA”) sets light on  the importance of the aircraft certification in its own phrases “Aircraft certification has relied on the exchange of information and technical data which has helped reduce risk of […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Third Party Funding in International Arbitration

Third party funding has tremendously become favored in international arbitration since parties, irrespective of their financial status have been challenged by the excessive costs of international arbitration proceedings. Today by utilizing from third party funding, parties whether or not they are in financial distress are looking for funders to cover the cost of their arbitration […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Defense Contracts Perspective: Do the Government Acts Qualify as Force Majeure in Turkish Law?

Political fluctuations in recent years have undoubtedly affected the defense industry. Although the players in the industry are following the government’s statements/acts diligently, they can be caught unprepared for possible sanctions resulting them to face with excessive penalties or debarment risk, especially, as to the government contracts signed prior to recent political tensions. Due to […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Guarantee Commitment under Commercial Sales Contract under Turkish Law: Can the Importer be Held Responsible for Defective Products?

One of the most complex problems faced by the parties in a commercial transaction is the delivery of defective goods. Although the results of defective performance in most contracts are arranged in detail; some contracts do not include provisions for resolving disputes arising from defective delivery, or existing provisions are not sufficient to resolve the […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law

Legal Update: Thresholds in Public Procurement Law of Turkey Increased

The monetary limits and threshold values are determined in Article 8 of the Public Procurement Law No. 4734 and updated in accordance with the annual rate of change values published by the Turkey Statistical Institute (“TSI”). All transactions of the procurement process such as public procurement announcement dates and rules, domestic bidder advantage and rules […]

Şafak HerdemManaging Partner, Herdem Attorneys At Law