Turkish Law Videos

Intellectual Property in Turkey – Industrial & Intellectual Rights – Part One

Intellectual Property in Turkey – Industrial & Intellectual Rights
  1. What is Intellectual Property?
Intellectual property is a category of property that includes intangible creations of the human intellect. Although intellectual property has many types, they are recognized differently in various countries and legal systems. For the sake of argument, we can talk about a traditional distinction as Industrial Rights and Intellectual Property Rights. The modern concept of intellectual property was developed in England during the 17th and 18th centuries. However, it was in the late 20th century that intellectual property was accepted as one of the main areas of the world’s legal systems. Read More…
  1. What are the Fundamentals of Intellectual Property in Turkey?
Turkey has a well-functioning IP system with its modern legislation, administrative body, specialized IP courts, enforcement agencies and institutionalized attorney system. Turkey is a member of WTO and fully aligned with the TRIPs Agreement, a member of WIPO and its 17 international treaties, a member of EPO and party to EPC, aligned with the EU acquis at an advanced level with 23 IP courts and 1.000 active patent and trademark attorneys
  1. What are the Intellectual Property Items Protected under Turkish Law?
In a three-part video series, we will talk about Industrial Rights and Intellectual Property Rights under Turkish law. When we talk about Industrial Rights, we will be talking about trademarks, patents, utility models, geographical indication, traditional speciality guaranteed, designs and integrated circuit topography When we talk about Intellectual Property Rights, we will be talking about copyrights.
  1. What is the Scope of the Video Series?
In these two parts video, we will cover Industrial Rights, and in our third video, we will cover Intellectual Property Rights in Turkey.
  1. How are Industrial Rights Regulated under Turkish law?
The Code of Industrial Property No. 6769, which entered into force on the 10th of January 2017, is the fundamental legal regulation in this field. This Code encompasses applications, registrations and post-registration processes regarding trademarks, geographical signs, design, patent, utility model and traditional product names and legal and criminal sanctions concerning the violation of these rights. Before the enactment of this Code, there were different legal regulations covering industrial rights, which made it harder for practitioners, scholars, and the judiciary branch to devise organized solutions to complex problems and upcoming developments in this field. This Code systematically regulated existing topics while bringing new solutions to arisen problems. Notably, older regulations are still applicable to an extent for applications that have been completed before the entry into force of this Code.
  1. What is the Regulating Body of Industrial Property Rights in Turkey?
The Turkish Patent and Trademark Office “TÜRKPATENT”, established in 1994, is the main regulatory body under Turkish law, authorized to register and undertake procedures for protecting industrial rights in Turkey. Its responsibilities and capabilities have been broadened to include representing Turkey in international organizations and promoting IP throughout the country. It’s been accepted as an International Searching and International Preliminary Examining Authority before WIPO as of January 2018. TÜRKPATENT has more than 500 employees with around 100 qualified patent examiners. It had 14.000 patent applications, 40.000 design applications and 110.000 trademark applications in 2015, which puts it among the top ten offices worldwide.
  1. Are there Specific Legal Bodies to Deal with Disputes Arising Out Of Or In Connection with Intellectual Property?
Yes, there are eighteen specialized Intellectual Property Courts in Ankara, İstanbul and İzmir. Ten of them function as civil courts and eight as criminal courts. These courts function with specialized judges, public prosecutors, and expert persons to submit technical reports on the cases. The main responsibility of these courts is to solve the disputes arising from The Code of Industrial Property No. 6769 between real and legal persons. Also, Ankara Intellectual Property Courts are specifically authorized to solve the disputes arising out of the decisions of the Turkish Patent and Trademark Office. It is important to note that specific chambers of general courts throughout Turkey are also authorized to act as an International Property Court other than in these cities. We should also state that there are special IP units in the General Directorate of Security in eighty-one Turkish cities, especially responsible for fighting against piracy.
  1. Who is Eligible for Protection under The Code of Industrial Property No. 6769?
We should state that Citizens of the Republic of Turkey, natural or legal entities domiciled or engaged in industrial or commercial activities within the borders of Turkey, persons who have the right of application according to the Paris Convention or Agreement Establishing the World Trade Organization, according to the reciprocity principle, persons whose citizenships are in states that provide Turkish citizens with the protection of industrial property rights are under the protection of The Code of Industrial Property.
  1. Do all Rights Have to be Registered to be Protected?
One distinction with IP rights in Turkey is registered and unregistered rights. Registered rights should be applied before the relevant authority to benefit from the protection, whereas unregistered rights arise automatically without fulfilling any procedures upon the creation. Registered intellectual property rights, such as unfair competition, can be protected under general provisions.
  1. How are Trademarks covered under Turkish Law?
Trademarks are regulated between the 4th and 32nd articles of The Code of Industrial Property. These provisions cover the eligibility conditions for a trademark application, grounds for refusal, the scope of rights conferred by a trademark and its exceptions, use of trademarks in general and in reference works, priority rights and their effect, international trademark applications filed under the Madrid Protocol, examination of the application, observations of third parties, oppositions and appeals, and examination of oppositions and appeals, registration, term of protection and renewal, license, grounds for and effects of invalidation and revocation, acts considered as infringement and criminal provisions related to it, last but not least guarantee mark and collective mark.
  1. What are the Fundamentals of Trademark under Turkish Law?
Products or services are eligible for trademark application. A trademark is a sign which distinguishes goods and services from competitors. Trademarks can include names, designs, logos, letters, and numbers. Distinctive sound, motion and colour marks can also be registered as trademarks. Although an unregistered trademark is protected up to a point, it is better to register it before TÜRKPATENT for broader coverage. A trademark is protected for ten years, starting from the application date, and may be renewed for ten years upon expiration. Applications are submitted to TÜRKPATENT locally by licensed trademark attorneys or over WIPO since Turkey is a member of the Madrid Protocol. Please note that the Nice Classification established by the Nice Agreement dated 1957, renewed every five years, will be used during the application. There is no need to submit proof or declaration of use while applying. Following the examination of the application, it will be published for opposition unless it is refused. The examination period generally does not take more than two to three months. If the application is refused, the applicant has the right to object to it inside TÜRKPATENT’s authorized Dispute Resolution Board. If the application is accepted or the Dispute Resolution Board nullifies the refusal of TÜRKPATENT’s own or the third parties, then it is registered. Please note that the decision of the Board may also be subject to the IP court if applied by the concerning parties. The whole TÜRKPATENT procedure generally takes about 9-12 months to complete without opposition and six additional months with opposition. It also takes about two years in the local IP court to come up with a verdict in the first stage, leaving aside the appeal phase.
  1. How is an Invention Protected Under Turkish Law?
An invention is protected under Turkish Law in two main ways. The first is the patent, and the second is the utility model. The main distinction between them is the inventive step. If an invention is novel, which means it is not anticipated by prior art, it involves an inventive step and is capable of industrial application, then it is eligible for patent protection. If the invention does not involve an inventive step, it is eligible for a simpler way, a utility model. The protective results of these models carry differences such as duration. The protection period is twenty years for patents but ten years for utility models.
  1. How is a Patent Covered under Turkish Law?
A patent is regulated between the 82nd and 141st Articles of the Industrial Property Code. These provisions cover the patentable inventions and exceptions to patentability, novelty, inventive step, applicability to industry, statements which do not affect the invention to be granted a patent or a utility model, scope and limits of patent rights, application, granting the patent and objection, duration of protection and annual fees, transactions regarding the patent process, right of ownership and disseizor, employee inventions, supplementary and confidential patent and license.
  1. What are the Fundamentals of Patents under Turkish Law?
First, it is important to note that a patent should be registered to be eligible for legal protection. Application for registration can be filed directly over TÜRKPATENT via licensed patent attorneys for trademark applications or using the Patent Cooperation Treaty or European Patent Office and designate Turkey. Turkey is a member of the Paris Convention, so it is possible to use the first filing date of an existing patent application, as the effective filing date of Turkey, on the condition that the application is in twelve months. A patent application is very similar to a trademark application. After the application to TÜRKPATENT and preliminary review, the applicant is replied in two months for the application’s eligibility. If the application complies with the legal requirements, then comes the search request, preparation of the search report and publication phases. The applicant must apply to TÜRKPATENT in twelve months and pay the required costs for a search request on state of the art, also known as a prior art search. Failing to do so will cause the application to be deemed withdrawn. Following the completion of the search report, it is published in the official bulletin. At this stage, the applicant must apply for the examination request in three months by paying the fees. If the examination report states that the application and the related invention conform with the legal requirements, then the patent is granted and published in the Bulletin. Note that the applicant will have three chances to fix the deficiencies during this stage. We should also note that there are similar steps for the applicant and the third parties to object to the decisions of both TÜRKPATENT in its Dispute Resolution Board and IP Court against this decision later on. As a common provision for both Patents and Utility Models, there is no renewal period, and a specific fee should be paid every year to TÜRKPATENT for twenty years for the patent and ten years for the Utility Model for validation and protection in this period. Failing to do so under normal and legally accepted periods shall result in losing all rights on the patent and the utility model. These were the main points concerning Turkey’s intellectual property, trademarks, patents and utility models. Now let’s move to our next video, where we will discuss geographical signs, designs, traditional product names and integrated circuit topography.

Intellectual Property in Turkey – Geographical Indication and Traditional Specialty Guaranteed Rights, Designs and Products, Integrated Circuit Topography – Part Two

How are Geographical Indication and Traditional Speciality Guaranteed Rights Covered under Turkish Law? Geographical Indication and Traditional Speciality Guaranteed Rights are regulated between the 33rd and 54th Articles of the Industrial Property Code. These provisions cover the products within the scope of protection, appellation of origin, designation of origin, and traditional speciality guaranteed, names that shall not be registered, right of application, application conditions, examination and the publication of the application, applications originating from foreign countries, objection and examination, registration and amendment requests, scope of right, use and control, relation with trademarks, control of use, termination of right, invalidity, infringement of a right and its consequences. Read More…
What are the Fundamentals of Geographical Indication and Traditional Speciality Guaranteed Rights Covered under Turkish Law? Food, agricultural, mining, handicraft and industrial products resulting from the unification of natural and human factors, which comply with the provisions in Code No. 6769, shall be entitled to geographical indication or traditional speciality guaranteed protection provided that they are registered. In this context, the geographical indication is the sign indicating a product associated with a locality, area, region or country where it originates due to an apparent characteristic, reputation or other features. They are registered as the appellation of origin or designation of origin. Producer groups, public institutions and professional organizations, associations, foundations and cooperatives operating for public interest concerning the product and the relevant producer, if the product is produced only by a single producer, have the right to apply for registration. The Office shall examine the application eligible under Article 38, which shall be published in the Bulletin or rejected. The applicant may reject this decision in two months and third persons in three months. If an application is not rejected by any party or rejected and the Board dismisses the rejection, then is it registered upon the payment of the registration fee. The registrant of the geographical indication may demand the prevention of third parties’ commercial or misleading, deceptive use or the imitation of the geographical indication or the emblem, use of false or misleading explanation or indications about the origin and the natural or essential qualities of the product. Please note that registered geographical indication shall not confer exclusive rights to the registrant. Registered geographical indications and traditional specialities guaranteed shall be used by those operating in producing or marketing products that comply with the specifications provided in the registration. These persons shall inform the registrant concerning the production and marketing activities of their product subject to the geographical indication and the traditional speciality guaranteed. We should note that, after the geographical indication registration, a trademark application filed to be used for the goods or services related to the geographical indication shall be refused. But if it has been registered, it may be invalidated through a legal proceeding. A third parties commercial use of a registered geographical sign to exploit its reputation of it, any deceptive use, replicas or any associative use about the place of origin or the translation of the geographical sign; any use of false or misleading indication or description about the origin or properties of the product shall be considered as an infringement. The applicant is entitled to start legal procedures for a civil law case in this situation. How are Designs and Products Covered under Turkish Law? Designs and products are regulated between the 55th and 81st Articles of the Industrial Property Code. These provisions cover the design right and its scope, novelty and individual character, disclosure, the scope of protection, rights arising from previous use, application requirements, classification and multiple application, priority right claim, examination, registration and publication, opposition to registration, term of protection and renewal, right ownership and disseize, employees’ designs, license, termination of the right, infringement of design right and its consequences. What are the fundamentals of Designs and Products under Turkish Law? A design is the appearance of the whole or a part of a product resulting from the features of the line, contour, colour, shape, material or texture of the product itself or its ornamentation. A product means any industrial or handicraft item, including parts intended to be assembled into a complex product, products like packaging, presentations of more than one object perceived together, graphic symbols and typographic typefaces, excluding computer programs. A design shall be protected as a registered design in case it is registered under the Code, and a design shall be protected as a non-registered design in case it is presented to the public for the first time in Turkey. In principle, a design is protected by the Code if it is new and has an individual character. The design owner may use his rights arising from the Code against designs with no individual character compared to his own design. A design shall confer on its holder the exclusive right to use it. Third parties, without the consent of the design right holder, cannot produce, put on the market, sell, import, use for commercial purposes or keep in stock for those purposes the product in which the design is incorporated or to which it is applied, or cannot make a recommendation for the contract. Upon application, the office examines the application’s compliance with conditions specified in the Code. If no deficiency is determined and it is not rejected on other grounds, it is finalized and recorded in the registry as a registered design and published in the Bulletin. At this stage, the applicant may request the postponing of the publication for thirty months. The applicant may object to the Office’s decision for examination two months from the date of notification and for third persons three months from the publication date against the registration. The Board examines oppositions. The term of protection of registered designs is five years from the filing date. This period may be prolonged up to twenty-five years by renewing every five years. A design right belongs to the designer or his successors and may be transferred; it may also be subject to an exclusive or non-exclusive license agreement. A design right shall terminate if the duration of protection expires, registration shall not be renewed in time, and the right owner relinquishes his right. Some acts shall be deemed as an infringement of a design right as: (a) to produce, put on the market, sell, offer for contracting, import, use for commercial purposes or stock for those purposes an identical or similar product without the consent of the right holder; (b) to broaden the rights granted by the design owner through licensing or to transfer these rights to third parties without consent; c) to disseize the right of a design. The registrant is entitled to start legal procedures for a civil law case in this situation. How is Integrated Circuit Topography Covered under Turkish Law? Integrated Circuit Topographies are regulated by the Integrated Circuit Topography Protection Act, dated 22.04.2004, No. 5147. This Act covers principles, rules and conditions for the protection of registered integrated circuit topographies. The protection provided by this Act does not prevent right owners from benefiting from the protection provided by other legal mechanisms. This Act covers beneficiaries of protection, subject, conditions and term of protection, right ownership, authorities of right owner and limitation of protection, conditions for application and registration, transfer, transfer by inheritance, pledge, seizure and license, conditions of nullity, expiry of rights and competent authorities, violations, provisional injunctions and time limitation, general conditions and termination of compulsory license, penalties and right of complaint. What are the Fundamentals of Integrated Circuit Topography under Turkish Law? An integrated circuit is defined in the Act as a product in its intermediary or final form which is designed to fulfill an electronic function or other similar functions, has at least one active component and a part, or all of the interconnections are combined in and/or on the part of the material. Integrated circuit topography is defined in the Act as the series of images fixed in any format, which demonstrate the three-dimensional sequence of the layers constituting the integrated circuit and are prepared for production and the image of all or a part of the surface of the integrated circuit in any phase of production. The protection provided by the Act applies to Turkish citizens, residents and those operating on an industrial or commercial basis within the borders of Turkey and those who are eligible to file applications within the scope of international treaties. Original integrated circuit topographies are protected under a registration certificate. Protection is not applicable for the content, operating process, system or technique on which the integrated circuit topography is based or information fixed on the topography other than the topography. The start of protection provided for the integrated circuit topography is the date when it is launched on the market or application for registration. The term of protection is ten years from the start date. The right of protection belongs to the respective designer or his/her legal successors. If multiple persons design it, it is used jointly unless otherwise agreed. Kindly note that the right of protection designed by officers, personnel and employees while serving their duties belongs to the employer. The right owner has exclusive rights to prevent the inclusion of the protected integrated circuit topography in an integrated circuit or prevent importation, sales or commercial reproduction, including the protected integrated circuit topography. The registrant is entitled to start legal procedures for civil and criminal law cases in case of infringement against third parties. The Office is authorized to the registration of integrated circuit topographies. Upon application, Office examines the application’s compliance with conditions specified in the Act. If no deficiency is determined and it is not rejected on other grounds, it is finalized and recorded in the registry without examining the accuracy of the information and published in the Bulletin. Right of protection may be transferred and subject to an exclusive or non-exclusive license agreement. The integrated circuit topography protection right shall expire upon expiration of the protection period or waiver of the integrated circuit topography right owner from the respective right. We should note that both the applicant and the third parties have the right to object to the decisions TÜRKPATENT in IP Court later on.

Intellectual Property in Turkey – Intellectual Rights – Copyright – Part Three

Intellectual Property in Turkey – Intellectual Rights – Copyright – Part Three How are Intellectual Rights Regulated under Turkish Law? When we talk about Intellectual Property Rights, we are talking about copyrights. The Code on Intellectual and Artistic Works No. 5846 dated 1951 is the fundamental legal regulation in this field. This Code has been amended several times to reflect current global application. It encompasses types of artistic and intellectual works, adaptations, collections, published works, authorship, rights of author, limitations, disposal inter vivos, renunciation, attachment and pledge, inheritance, civil and criminal actions, related rights and prevention of infringement, unfair competition, pictures, portraits and conflict of laws. Read More…
What are the Fundamentals of Intellectual Rights under Turkish Law? Unlike industrial rights, intellectual rights do not have to be registered or confirmed by an authority to be protected under the law. The protection starts with creating and publishing the work to the public as a general rule. In the current exercise, registration or confirmation of such rights is generally used to prove the ownership, especially for the creation of date rather than a legal obligation for protection. The Code covers the moral and economic rights of authors who create intellectual and artistic works and performers who perform or interpret such works. These phonogram producers make the first fixation of sounds, producers that make the first fixation of films and radio-television organizations, the rules and procedures regarding transactions on such rights, ways of legal recourse and sanctions. Original pieces of work, which carry the characteristics and originality of the author, are protected if they fall under the scope of the specified categories under the Code. Works which are under of protection of the Code include science and literature, music, fine art and cinema. Each category of work has a separate sub-category under the Code. The author of a work is the person who created it. The author of an adaptation or collection is the person who adapted, provided that the original author’s rights are reserved. As for cinematographic works, the director, composer of original music, scriptwriter and dialogue writer are all joint authors of the work. For cinematographic works produced with the animation technique, the animator is also among the joint authors of the work. An author’s economic and moral interests in their intellectual and artistic works are protected under the Code. The moral rights of the author are:
  • The Authority to Disclose the Work to the Public,
  • The Authority to Designate the Name,
  • The Prohibition of Modification and
  • The Rights of the Author against Persons Who Own or Possess a Work.
  The economic rights of the author are:
  • The Right of Adaptation,
  • The Right of Reproduction,
  • The Right of Distribution,
  • The Right of Performance and
  • The Right to Communicate a Work to the Public by Devices Enabling the Transmission of Signs, Sounds or Images.
  The author’s economic and moral interests are protected for their lifetime and 70 years after their death. The author or their heirs may transfer to the economic rights granted to them by law, unrestricted or restricted for duration, place or scope, with or without consideration. The authority to exercise economic rights may also be granted to another person by a license. Any person whose moral and economic rights have been infringed may sue the infringer to cease the infringement. These actions consist of compensation cases and criminal cases.  

Personal Data Protection in Turkey

Personal Data Protection in Turkey
  1. What is Personal Data?
Personal data is defined as all the information relating to an identified or identifiable natural person under Personal Data Protection Code No. 6698. Its scope is broad, like hair colour, shoe size, religious beliefs, credit card information, name, phone number, etc. Kindly note that it should belong to a real person, not a legal one. Read More…
  1. Why is Personal Data Protected?
Today, personal data is protected by various legal systems throughout the world with legal mechanisms. The protection is closely linked to unlawfully violating personal data by third parties, especially for commercial reasons by trade companies and for discriminative reasons by organizations. For example, illegal processing of personal data may lead to the sharing of health data with unwanted third parties, which may result in the rejection of a job application. Therefore, it is directly related to one’s legal rights and freedoms. Secondly, obtaining personal data of a person by third parties in the modern era is one of the most dangerous causes of cybercrimes, which include but are not limited to credit card fraud, hacking into banking accounts, impersonation and obtaining money from one’s friends, etc. Third but not least, protecting personal data also ensures a safe and fair consumer market by avoiding companies approaching consumers with sensitive information to affect their purchase decisions.
  1. How is Personal Data Protected?
Personal data is protected via international and national legal mechanisms such as the General Data Protection Regulation (GDPR) and the Data Protection Law Enforcement Directive in the European Union, which entered into force in 2016. In Turkey, the Code on the Protection of Personal Data No. 6698 dated 2016 is the main legislation in this field. It is directly based on the Directive 95/46/EC of the European Parliament and of the Council of 1995 on the protection of individuals over the processing of personal data and on the free movement of such data.
  1. What is the Scope of the Code on the Protection of Personal Data No. 6698?
The Code’s purpose is to protect fundamental rights and freedoms of people, particularly the right to privacy, regarding the processing of personal data and to set forth obligations, principles and procedures for those natural or legal persons who process personal data. Turkish Data Protection Authority has also been established under this Code in Ankara. Its mission is to protect personal data and develop awareness in this respect in the public eye in line with the fundamental rights of privacy and freedom stated in the Turkish Republic Constitution and the Code.
  1. What are the Fundamental Concepts of Data Protection?
The following concepts in data protection are important and should be understood well:
  • Personal Data
  • Processing of Personal Data
  • Data Controller
  • Explicit Consent
As mentioned above, personal data should be related to a real person and identify that person from the rest. The Code also specifies sensitive personal data relating to the race, ethnic origin, political opinion, philosophical belief, religion, religious sect or other belief, appearance, membership to associations, foundations or trade unions, data concerning health, sexual life, criminal convictions and security measures, and the biometric and genetic data. These special categories of personal data cannot be processed without the explicit consent of the data subject. “Processing of personal data” means any operation performed on personal data such as collection, recording, storage, protection, alteration, adaptation, disclosure, transfer, retrieval, providing for the collection, categorization, etc. So how can a company process personal data? A company may collect the identity and contact information and addresses of its employees, customers, job applicants or company visitors. Any collection, storage, or transfer of these personal data is considered the processing of personal data. A “Data Controller” is the real or legal person who determines the purposes and means of processing personal data and is responsible for establishing and managing the data filing system. A doctor, a pharmacist, a company or a foundation are examples of data controllers. The data controller must take all necessary technical and organizational measures to provide an appropriate level of security to prevent unlawful processing of and access to personal data and to ensure the protection of personal data. If others obtain the data processed by unlawful means, the data controller must communicate the breach to the subject and notify the Board within the shortest time. Finally, “Explicit Consent” means freely given, specific and informed consent. This is rather important; because the Code requires the explicit consent of the data subject for processing many times. For an explicit consent to be valid, the data subject should be well informed as to the grounds, and the scope of processing and the data subject should have the chance to declare his or her will freely.
  1. What are the General Principles of Processing Personal Data?
The Code specifies some general rules for personal data processing in Article 4. The principles are:
  • Lawfulness and fairness
  • Being accurate and kept up to date where necessary.
  • Being processed for specified, explicit and legitimate purposes.
  • Being relevant, limited and proportionate to the purposes for which they are processed.
  • Being stored for the period laid down by relevant legislation or the period required for the purpose for which the personal data are processed.
Data controllers must obey these principles while processing personal data.
  1. What are the Conditions for Processing Personal Data
The Code specifies a general condition for personal data processing in Article 5. This condition states that personal data cannot be processed without the explicit consent of the data subject. But there are exceptions to this condition;
  • If the laws expressly provides for it.
  • It is necessary to protect the life or physical integrity of the person himself/herself or any other person who cannot explain his/her consent due to the physical disability or whose consent is not considered legally valid.
  • If the processing of personal data of the parties of a contract is necessary if it is directly related to the establishment or performance of the contract.
  • If it is necessary for compliance with a legal obligation to which the data controller is subject.
  • If personal data have been made public by the data subject himself/herself.
  • If the data processing is necessary for the establishment, exercise or protection of any right.
  • If the data processing is necessary for the legitimate interests pursued by the data controller and this processing does not violate the fundamental rights and freedoms of the data subject, then explicit consent is not sought.
  1. What are the Rights of the Data Subjects?
Under Article 11 of the Code, each person may request from the data controller about him/her;
  • To learn whether his/her personal data are processed,
  • To demand information about if his/her personal data have been processed,
  • To learn the purpose of the processing of his/her personal data and whether these personal data comply with the purpose,
  • To know the third parties to whom his personal data are transferred in-country or abroad,
  • To request the rectification of the incomplete or inaccurate data, if any,
  • To request the erasure or destruction of his/her personal data,
  • To object to a result against the person himself/herself by analyzing the data processed solely through automated systems,
  • To claim compensation for the damage arising from the unlawful processing of his/her personal data.
  1. What are the Sanctions Against Data Controllers Who Act Against the Code?
The Code imposes administrative fines and penal provisions for the data controllers who do not comply with the Code. As for crimes, Articles 135 to 140 of the Turkish Penal Code will be applied to the crimes concerning personal data. Specifically, those who do not erase or anonymize personal data contrary to the Code will be punished under Article 138 of the Turkish Penal Code. To be more specific:
  • Article 135 of the Turkish Penal Code imposes a sentence of 1 to 3 years in prison for those who illegally record personal data.
  • Article 136 of the Turkish Penal Code imposes a sentence of 2 to 4 years in prison for those who illegally obtain or transfer personal data.
  • Article 138 of the Turkish Penal Code imposes a sentence of 1 to 2 years in prison for those who do not destroy personal data under the Code following its expiry.
As for administrative fines, an administrative fine between roughly 10.000.-TL to 2.000.000.-TL for 2021 will be imposed for the following:
  • Not fulfilling the obligation to inform,
  • Not fulfilling the obligations related to data security,
  • Not fulfilling the decisions issued by the Board,
  • Acting contrary to the obligations for registry with the Data Controllers’ Registry.
These amounts are automatically increased in October of each year under the average Producers Inflation Rate of the current year.
  1. What is the Personal Data Protection Law Compliance Process?
Responsibilities of data controllers have been determined under the Personal Data Protection Law No. 6698, related secondary legislation and the decisions of the Personal Data Protection Board. In this context, the data controllers must adjust their organizations and comply with legislation such as registering in the “Data Controllers Registry Information System” (VERBIS), preparing the “Personal Data Processing Inventory” and “Storage and Destruction Policy” and taking technical and administrative measures over personal data security. The process required by data controllers to regulate their own organization and activities under the principles specified in Law and Board decisions is called the adaptation process. This process must be prepared by a consultant who knows about Personal Data Protection. Otherwise, data controllers will likely face administrative fines and imprisonment within the scope of the audits to be carried out by the Board, either ex officio or upon complaint. For information in Turkish, please visit: https://monasystems.com/6698_kvkk/