The Personal Data Protection Authority (“the Authority”) had been inundated with opinion requests following the practice of requesting COVID-19 vaccine information and negative test results had been imposed, firstly with the circular of the Ministry of Interior dated 20.08.2021 and secondly with the circular of the Ministry of Labor dated 02.09.2021. Upon many requests for an opinion regarding such obligations, the subject was brought forward to the Personal Data Protection Board (“the Board”), and an evaluation regarding such obligations has been published on the Authority’s website with the decision dated 28.09.2021 and numbered 2021/980 thereafter.[1] You may find our publication regarding the said evaluation from the link below.

KKHUKUK_COVID 19 Vaccination PCR

You may find our publication regarding to Personal Data Protection Authority’s numbered 2021/891 decision on the Ex Officio Investigation Conducted on the WhatsApp Application from the link below.

KKHUKUK_ WhatsApp Decision 06-09-21

The decision of the Constitutional Court dated 15.6.2021 and numbered 2018/24439 emphasizes that the means of gathering personal data and whether the conditions on the processing of personal data has been satisfied shall be taken into consideration during judgement. You may find our publication regarding the decision from the link below.

KKHUKUK_Constitutional Court 30-07-21

You may find in the link below our assessment prepared in the form of Q&A with respect to mandating Covid-19 vaccination for employees and tracking vaccination status of employees, within the framework of labor law and personal data protection law.

Assessment on vaccination of the employees

The Remote Work Regulation, which determines the works that cannot be done remotely, the application of business rules concerning the protection and sharing of the data, the procedures and principles of the remote working was published in the Official Gazette. You may find our publication regarding the regulation from the link below.

Remote Work Regulation

Celal Oraj Altunörgü decision of the Constitutional Court dated 12.01.2021 and numbered 2018/31036 was published in the Official Gazette dated 05.02.2021. The aforementioned decision is important in terms of the effect of the determination of the non-business use of the equipment allocated within the scope of the business relationship and the protection of personal data. You may find our publication regarding the decision from the link below.

KKHukuk_Constitutional Court Decision_05022021

The Turkish Competition Authority’s (“Authority”) decision given within the context of its independent investigation initiated on 11 January 2021 on “Facebook’s terms and conditions with respect to Whatsapp users’ data to be used also for other services” has been published on the Authority’s website on 15 February 2021. You may find our publication regarding the decision from the link below.

KKHUKUK_Competion Authority_Whatapp Decision

The Communiqué Amending the Communiqué on the Procedures and Principles Regarding the Procedures and Principles of the Application of Article 376 of the Turkish Commercial Code Stipulating “Loss Of Capital And Insolvency” was published in the Official Gazette dated December 26, 2020 and entered into force. The amendment is related to the implementation of article 376 of the Turkish Commercial Code regulating the “loss of capital and insolvency”. You may find our bulletin regarding the Communiqué in the link below.

Communique Regarding the Procedures And Principles of the Application of Article 376 of the Turkish Commercial Code

You may find our publication in the link below considering the issue of transferring personal data abroad within the scope of the decision Turkish Personal Data Protection Board’s Principle Decision dated 22/07/2020 and numbered 2020/559.

TPDPB Decision 2020-559

As per the announcement of the Personal Data Protection Authority (“Authority”) dated 10 April 2020, Binding Corporate Rules (“BCR”) has been introduced as a method regarding the personal data transfers to be performed between multinational group corporations operating in countries where adequate protection has not been provided. Please find attached our publication on the announcement of the Authority on the BCR.

EN_KKHukuk_Binding Corporate Rules_

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