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Legal Alerts, Uncategorized

The Court of Cassation Issues an Important Unification of Judgments Decision on Raising a New Claim Through Partial Amendment

The Court of Cassation ruled that a claim not included in the statement of claim cannot be introduced into civil proceedings through partial amendment.

Legal Alerts

Law No. 7582 on the Amendment of Certain Laws Published in the Official Gazette Dated 4 June 2026

Law No. 7582 introduces significant amendments to Türkiye’s tax legislation, foreign direct investment framework, Istanbul Finance Center regime and technopreneurship incentives. The Law includes new tax advantages for qualified service centers, a 20-year income tax exemption for certain foreign-sourced income and revenues, a renewed asset repatriation regime, a reduced corporate income tax rate for manufacturing and agricultural production income, and simplified rules for conditional capital increases based on convertible debt agreements by eligible technopreneurship companies.

Legal Alerts, Uncategorized

Constitutional Court Annuls Provisions Limiting the Liability of Intermediary Service Providers in E-Commerce Consumer Contracts

The Constitutional Court annulled provisions of the Law on the Protection of Consumers and the Law on the Regulation of Electronic Commerce that limited the liability of electronic commerce marketplace operators in consumer contracts. The Court held that a blanket exclusion of intermediary service providers’ liability may create a protection gap for consumers, particularly where platforms assume an active role or where sellers are unreachable or fail to fulfil their obligations. The annulment will enter into force nine months after publication in the Official Gazette dated 2 June 2026.

Legal Alerts

The Turkish Data Protection Board Issued a Principle Decision on the Processing of Biometric Data for Attendance Tracking Purposes

The Turkish Data Protection Board’s Principle Decision dated 29 April 2026 clarifies that biometric data such as fingerprints, facial recognition data, and iris or retina scans cannot be processed for employee attendance tracking purposes. The Board found that there is no statutory basis expressly permitting biometric attendance tracking, explicit consent is not a valid legal ground in the employer-employee relationship due to the structural power imbalance, and biometric processing fails the proportionality test where less intrusive alternatives are available.

Legal Alerts

Constitutional Court Annuls Rule Blocking Court of Cassation Review Following Acceptance of an Appeal

The Constitutional Court, with its decision published in the Official Gazette dated 21 May 2026, annulled Article 362(1)(a) of the Code of Civil Procedure insofar as it treated decisions rendered following the partial or full acceptance of an appellate application before the regional court of appeal as final.

Legal Alerts

New Annulment Decision by the Constitutional Court Regarding the Phrase “The Registration Ruling is Final,…” in Article 10 of the Expropriation Law

The Constitutional Court, with its decision published in the Official Gazette on 21 May 2026, annulled the phrase “The registration ruling is final,…” in Article 10 of the Expropriation Law, holding that the transfer of ownership before the expropriation compensation is finally determined violates the constitutional guarantee of advance payment and the right to property.

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.

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