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.

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.

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.

Flip-Up Structuring in Startups: A Legal and Tax Framework

In the startup ecosystem, a flip-up refers to the restructuring of a local startup’s shareholding and group structure under a foreign holding company. This structure requires a multilayered assessment in terms of investor expectations, choice of jurisdiction, implementation mechanisms such as share swaps, Türkiye-specific regulatory and tax considerations, and the practical risks commonly encountered in execution.

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.

Vesting Agreements Under Turkish Law

Vesting agreements under Turkish law structure equity or equity-linked benefits to vest over time or upon milestones.

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.

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.

SAFE Agreements (Simple Agreement for Future Equity) in Turkish Law

A SAFE streamlines early-stage start up financings by postponing valuation and tying conversion into equity to specific trigger events. Under Turkish law, the key issues typically revolve around contractual characterization, the corporate steps required for conversion (share issuance or capital increase), and enforceability in practice. The article offers a high-level overview of these core considerations through a TCO and TCC framework.

The Third-Party Garnishment Notice and the Negative Declaratory Action under Turkish Enforcement and Bankruptcy Law

Article 89/3 of the Turkish Enforcement and Bankruptcy Law sets out a three-stage garnishment notice mechanism that may deem a third party to “hold” the debtor’s debt if no timely objection is made. Key issues include defective service and its effect on time limits, the 15-day peremptory period for filing a negative declaratory action, suspension of enforcement upon proof of filing, subject-matter jurisdiction clarified by the 2023 Court of Cassation (11th Civil Chamber), the 2025 Constitutional Court’s burden-of-proof approach, and the ongoing debate on mandatory mediation.

Contractual Protection of Trade Secrets and Confidential Information: Non-Disclosure Agreements (NDAs) in Light of Turkish Law of Obligations and Court of Cassation Jurisprudence

Although not expressly regulated as a typical contract under the Turkish Code of Obligations, NDAs have become a technically critical risk-management tool in practice, where defining the scope of confidential information and trade secrets, setting clear limits on use in processes such as due diligence, and calibrating penalty clauses and damages for breach are decisive.