Newsletter & Legal Alerts

Regulation on Data Controllers’ Registry has entered into force and the Board of Protection of Personal Data subsequently announced expected next steps with respect to establishment of Data Controllers’ Registry and data controllers’ obligation to register

As is known, Article 16/2 of Law on Personal Data Protection (Law No. 6698) (published in the Official Gazette dated April 7, 2016 and numbered 29677) (“Data Protection Law”) stipulates that real or legal persons, who process personal data, shall be registered before the data controllers’ registry (“Data Controllers’ Registry”) prior to commencing personal data processing and Article 16/5 provides that procedures and principles regarding Data Controllers’ Registry will be determined by a regulation.

Published on: February 2018
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Q4/2017 Energy & Natural Resource

  • Regulation on Natural Gas Market License (published in the Official Gazette dated October 7, 2002 and numbered 24869) (“Regulation”) has been amended. The amended articles have been published in the Official Gazette dated October 31, 2017 and numbered 24869. Under Article 3 of the Regulation, the minimum share capital amounts for a legal entity to obtain license have been revised. Please see below for the license type and the minimum share capital amount now required for a license:
     

License Type

Minimum Share Capital (TRY)

Storage / Transmission

27,100,000

Importation

5,410,000

Wholesale

5,410,000

Exportation

2,850,000

Distribution

1,360,000

 

  • Regulation on Electricity Market Ancillary Services has been published in the Official Gazette dated November 26, 2017 and numbered 30250. Under Article 5 of the Regulation, services used by the system operator to provide operational security and system integrity services are to be informed to Turkiye Elektrik Iletim A.S.
     
  • Regulation on the Audit of Electricity Distribution Companies has been published in the Official Gazette dated December 2, 2017 and numbered 30258. The regulation sets forth the principles and obligations of relevant parties in relation to auditing electricity distribution companies.
     
  • Regulation on the Electricity Market (published in the Official Gazette dated November 2, 2013 and numbered 28809) has been amended. The amended articles have been published in the Official Gazette dated December 15, 2017 and numbered 30271 (“Regulation”). According to Article 43 of the Regulation, for the extension of the completion period of the electricity generation facility, the amount of the license purchase fee is to be taken as the license amendment fee.
     
  • Regulation on Petroleum Market License (published in the Official Gazette dated June 17, 2004 and numbered 25495) has been amended. The amended articles have been published in the Official Gazette dated December 20, 2017 and numbered 30276 (“Regulation”). Under Article 50 of the Regulation, the income share is to be paid to the oil refinery's income share account and owners of the refinery license are obliged to collect income share from fuel-oil sales. In addition, license owner companies are obliged to notify their registered electronic mail address (“KEP”) and to ensure that KEP addresses are valid and active.

    Regulation on Packaging Waste Control has been published in the Official Gazette dated December 27, 2017 and numbered 30283 (the “Regulation”). According to 15 of the Regulation, it is prohibited to produce, supply or import packaging that is not suitable for recycling. Additionally, suppliers are obliged to choose the right package for recovery, to register to Package Information System to be established and to make notifications about package.

Published on: December 2017


Q4/2017 Pharmaceuticals, Healthcare & Biotechnology

  • Regulation on Licensed Warehousing for Agricultural Products (“Regulation”) (published in the Official Gazette dated April 12, 2013 and numbered 28616) has been amended. The amended articles have been published in the Official Gazette dated December 5, 2017 and numbered 30261. Under the amendment, indemnity insurance is now accepted as a warrant for the registration of a warehousing license.
     
  • Regulation on the Protection, Usage, and Planning of Agricultural Lands (“Regulation”) has been published in the Official Gazette dated December 9, 2017 and numbered 30265. As per the foregoing amendment, duties, obligations, and working procedure and principles of the Soil Protection Board have been determined.
     
  • Regulation on the Manufacturing Facilities of Pharmaceutical Products (“Regulation”) has been published in the Official Gazette dated October 21, 2017 and numbered 30217. Article 5 of the Regulation sets out the application procedure of the documents for manufacturing medical goods with respect to the Turkey Medicine and Medical Devices Authority. Another subject regulated under the new regulation are the obligations of the manufacturing license owner. Owners are to employ managers, quality assurance officers and quality control officers, who had graduated from a medicine or chemistry faculty.
     
  • Regulation on the Registration of Plant Protection Products and Placing on the Market (“Regulation”) has been published in the Official Gazette dated November 9, 2017 and numbered 30235. Under Article 6 of the Regulation, it is forbidden to supply and use unauthorized plant protection products within the borders of the country.

Published on: November 2017


Q4/2017 Intellectual Property

Regulation on the Enforcement of Industrial Property Law (published in the Official Gazette dated April 24, 2017 and numbered 30047) has been amended. The amended articles have been published in the Official Gazette dated October 27, 2017 and numbered 30223. Under the Amendment, applications made via internet will be accepted after an identity check has been completed. If the applications or requests have been made according to this rule, the applicant or requester will be liable for any misstatement.

Regulation on the Data Controllers’ Registry has entered into force and the Board of Protection of Personal Data subsequently announced the expected next steps with respect to establishment of a Data Controllers’ Registry and the data controllers’ obligation to register. As is known, Article 16/2 of Law on Personal Data Protection (Law No. 6698) (published in the Official Gazette dated April 7, 2016 and numbered 29677) stipulates that real persons or legal entities, who process personal data, are to be registered in the Data Controllers’ Registry prior to the commencement of personal data processing, while Article 16/5 sets out the procedures and principles regarding Data Controllers’ Registry that will be determined by a regulation.

Published on: October 2017


Q4/2017 Consumer Goods & Retail

Regulation on Consumer Rights in Electronic Communication (“Regulation”) has been published in the Official Gazette dated September 28, 2017 and numbered 30224. Under Article 5 of the Regulation, consumers must be informed about tariffs and discounts, and secure access to the internet by the operator. Under Article 7 of the Regulation, in cases which the operator fulfills a periodic or continuous service or procurement of goods, a subscription agreement is to be made between parties.

Published on: September 2017


Q1/2017 Energy & Natural Resources

The Regulation on Nuclear Definitions (published in the Official Gazette dated September 9, 1991 and numbered 20986) (“Regulation”) has been abolished. All references made to the Regulation shall be considered to be made to the relevant regulations published by the Turkish Atomic Energy Authority. The Regulation on Petroleum Market Licence (published in the Official Gazette dated June 17, 2004 and numbered 25495) has been amended. The former version of Article 44(7) states that “In case non concurrence between Supply and sale has been detected, oil supply which is free of special consumption tax shall be ceased temporarily by Energy Market Regulatory Board until it is determined that the sale has been made in compliance with law.” Pursuant to the amendment which is published in the Official Gazette dated March 11, 2017 and numbered 30004, sales with low special consumption tax have been included to the scope of before mentioned article. The Regulation Regarding Building Supervision of Nuclear Power Plants has been published in the Official Gazette dated March 31, 2017 and numbered 30024 (“Regulation”).

The scope of the Regulation is to regulate the supervision regarding security requirements of nuclear plants and also the qualities of supervision entities which are authorized to inspect such requirements. Additionally, the Regulation also regulates the scope of the service agreement to be made between the licensed constructor and supervision entities.

Construction and manufacturing activities shall not be started unless the service agreement which is made between nuclear supervision entity and licensed constructor is submitted to the Turkish Atomic Energy Authority. The powers which are granted to the nuclear supervision entities shall not be transferred to another entity.

The documents to be submitted in order to obtain the license which are required by building supervision entities are also specified in the Regulation.

The Communiqué on the Administrative Fines (Communiqué No. 2017/1) (the “Communiqué”) which shall be applied in 2017 pursuant to Article 10 of the Energy Efficiency Law (Law No. 5627) has been published in the Official Gazette dated March 31, 2017 and numbered 30024. The administrative penalties, which were determined under Article 10 of the Energy Efficiency Law increased by 3.83% pursuant to the revaluation rate of 2016. Regulation on the Organized Wholesale Natural Gas Market (the “Regulation”) has been published in the Official Gazette dated March 31, 2017 and numbered 30024. The aim of the Regulation is to ensure the determination of the price of natural gas in the market under objective and transparent conditions. The Regulation covers the procedures and principles regarding the wholesale natural gas sales market, which allows market participants to trade, and /or to dissipate instabilities in the transmission system and establishes the obligations of the contributors to the Organized Wholesale Natural Gas Market.

Published on: April 2017


Q1/2017 Employment

The term of enactment of the provisions pertaining to occupational safety specialist requirement envisaged under Provisional Article 4 of the Law on Occupational Health and Safety (Law No. 6331) (published in the Official Gazette dated June 30, 2012 and numbered 28339) has been extended by Article 35 of the Law on the Amendments on the Turkish Republic Retirement Law, some Laws and the Decree Laws (Law No. 6770) (published in the Official Gazette dated January 27, 2017 and numbered 29961). As per the foregoing amendment, the requirement for the employees of the “very dangerous” hazard classed workplaces to employ an occupational safety specialist with class (A) certificate instead of an occupational safety specialist with class (B) certificate has been postponed to January 1, 2020, and the requirement for the employees of the “dangerous” hazard classed workplaces to employ an occupational safety specialist with class (B) certificate instead of an occupational safety specialist with class (C) certificate has been postponed to January 1, 2019.

Published on: April 2017


Q1/2017 Intellectual Property

The Turkish intellectual property legislation has been substantially changed by enactment of the Law on Industrial Property (Law No. 6769) (“Industrial Property Law”) upon being published in the Official Gazette dated January 10, 2017 and numbered 29944. Before enactment of the Industrial Property Law, intellectual property rights used to be regulated and protected under various Decrees with Force of Law. The Industrial Property Law abolished (i) the Decree with Force of Law Regarding the Protection of the Trademarks (No. 556) which regulates the registered trademarks and the relevant protections regarding violations regarding the trademark rights, (ii) the Decree with Force of Law Regarding the Protection of the Patents (No. 551) which regulates the registration of patents and the relevant protections regarding violations regarding the patents, and (iii) the Decree with Force of Law Regarding the Protection of the Geographical Indications (No. 555) which regulates the registration and protection of the geographical indications; and regulated all industrial property rights in one code.

One of the major changes brought by the Industrial Property Law is that the name of the Turkish Patent Institute has been changed into Turkish Patent and Trademark Office (the “Office”) and as per Article 26 of the Industrial Property Law the role of the Office has been strengthened by authorizing the Office for cancelation of the trademarks pursuant to the applications regarding non-use of the trademark. In addition, as per Articles 18 and 20 of the Industrial Property Law, the opposition period regarding the registration of the trademarks has been shortened to two months from three months. Pursuant to Article 5(3), the Industrial Property Law introduced the “letter of consent” and “co-existence letter” to the Turkish Law, by which the owner of an earlier registered trademark may give prior consent to the registration and use of an identical or similar trademark.

As for the industrial designs, the Industrial Property Law adopted a new definition regarding design and adopted the wording “designs” rather than “industrial designs” pursuant to Article 55 of the Industrial Property Law and extended the scope of the protection regarding designs under Turkish Law. In addition, similar to the provisions on the trademarks, the opposition period has been shortened to three months from six months according to Article 67 of the Industrial Property Law.

The Industrial Property Law abolished the unexamined patent registration system provided under Patent Decree Law.

Published on: April 2017


Q1/2017 Consumer Goods & Retail

Regulation on Commercial Advertisement and Unfair Commercial Applications (“Regulation”) (published in the Official Gazette dated January 1, 2015 and numbered 29232) has been amended. The amended articles have been published in the Official Gazette dated January 4, 2017 and numbered 29938.

Pursuant to the previous version of Article 9 of the Regulation, evidencing the argument of the advertisement with documents obtained from relevant departments of universities or independent research entities was mandatory. However, such condition is required only for comparative advertisements in the new version of such article.

Article 27 of this Regulation is amended and pursuant to the added paragraph, it is required to explain in the advertisement in case the internet speed and coverage zone may change considering the infrastructure of the area.

Published on: April 2017


Q1/2017 Transportation

The Regulation on Commercial Air Transport Operators (SHY-6A) (published in the Official Gazette dated November 16, 2013 and numbered 28823) (“Regulation”) has been amended. Accordingly, the operator shall appoint a responsible manager and a quality and safety system manager who shall undertake the task of supervising the integrity and continuity of the whole organization pursuant to the civil aviation legislation. In addition, the operator shall appoint managers responsible for flight operations, ground service operations, maintenance, flight training and safety.

As per Article 4 of the Regulation, the organized wholesale natural gas market shall be operated by the market operator authorized by Energy Market Regulatory Board (EPDK). The transactions in the organized wholesale natural gas market shall be performed through the Continuous Trade Platform which is an electronic system established by market operator authorized by the Energy Market Regulatory Board. As per Article 6 of the Regulation, the Continuous Trade Platform matches the offers and acceptances of the market contributors, and such matches are approved by the market operator pursuant to the Regulation and Market Operating Procedures and Principles.

The Regulation also stipulates the general obligations and rights of the (i) market contributors who are the legal entities that signed the Standard Transmission Contract which is a contract executed between transmission company and the supplier or the importer for determining the standard conditions of transmission services, or the Continuous Trade Platform Participation Contract which is a contract executed between the market operator and license holders for such license holders to participate in the Continuous Trade Platform, (ii) market operator, and (iii) transmission company.

Published on: April 2017