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Legal Alerts

The Turkish Data Protection Board Issued a Principle Decision on the Separate Preparation of Explicit Consent Texts and Privacy Notices

The Turkish Data Protection Board, through its principle decision dated 18 February 2026 and numbered 2026/347, clarified that explicit consent texts and privacy notices presented by data controllers to data subjects must be prepared separately.

Legal Alerts

New Annulment Decision by the Constitutional Court Regarding the Regime for Expulsion of Shareholders in Two-Shareholder Limited Liability Companies

In its decision published in the Official Gazette dated 17 March 2026, the Constitutional Court annulled the provisions of the Turkish Commercial Code that made an application to the court for the expulsion of a shareholder for just cause subject to a general assembly resolution, solely with respect to two-shareholder limited liability companies.

Legal Alerts

The Turkish DPA Published a Guideline on Agentic AI Systems

On 12 March 2026, the Turkish Personal Data Protection Authority published its Guideline on Agentic Artificial Intelligence. The Guideline explains what Agentic AI systems are, outlines the personal data protection risks they may create, and highlights key compliance considerations such as human oversight, transparency, explainability, privacy by design, and risk assessment.

Legal Alerts

The Turkish DPA Published a Guideline on the Use of Generative AI Tools in the Workplace

The Turkish DPA has published a guideline on the use of third-party generative AI tools in the workplace. The guideline summarizes Shadow AI risks and sets out recommendations on internal policies, employee awareness, and access controls.

Legal Alerts

The Turkish Data Protection Board Issued a Principle Decision on the Use of Loyalty Cards by Third Parties

The Turkish Data Protection Board’s Principle Decision dated 11 February 2026 and numbered 2026/266 sets out important findings on the use of a loyalty card member’s mobile phone number or loyalty card number by third parties during shopping transactions. The decision makes clear that such use may, as a rule, lead to unlawful personal data processing and highlights the need for data controllers to strengthen authentication mechanisms, reduce inaccurate data processing risks, and redesign loyalty card processes in line with the accuracy principle.

Legal Alerts

The Court of Cassation Changes Its Precedent on Post-Mediation Arbitration (Med-Arb) Agreements

The Court of Cassation’s 3rd Civil Chamber, by its decision dated 15 January 2026 (File No. 2025/5452, Decision No. 2026/129), upheld the validity of a “mediation first, arbitration if unresolved” (Med-Arb) clause and marked a shift in its case law by departing from its earlier reversal approach on the same issue.

Legal Alerts

New Annulment Decision by the Constitutional Court Regarding the Phrase “From the Notification of the Decision” in Article 28 of the Law on Fees

The Constitutional Court of Türkiye, in its decision published in the Official Gazette dated 24 December 2025 , has annulled the phrase “...from the notification of the decision...” in Article 28 of the Law on Fees No. 492 regarding the payment period of the remaining judgment and writ fee , finding it unconstitutional regarding “lawsuits for compensation filed due to de facto expropriation (kamulaştırmasız el atma) where the defendant is not exempt from fees.”

Legal Alerts

New Decision by the Constitutional Court on the Annulment of the Provision Regulating the Statutory Interest Rate

Anayasa Mahkemesi, 1 Aralık 2025 tarihli Resmî Gazete’de yayımlanan kararıyla, 3095 sayılı Kanuni Faiz ve Temerrüt Faizine İlişkin Kanun’un kanuni faiz oranını belirleyen 1. maddesini "sözleşmeden kaynaklanmayan borç ilişkileri" yönünden Anayasa’ya aykırı bularak iptal etti.

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