Published in the Official Gazette dated 12.03.2024 and numbered 32487.

Significant changes have been made within the scope of the PDPL with the aforementioned These are:

- Paragraph 3 of Article 6, in which the conditions for processing sensitive personal data are regulated, has been amended and paragraph 2 has been repealed. The terms have been extended. Again, the conditions for the explicit consent of the person concerned, foreseen clearly in the laws and for the persons and institutions obliged to keep secrets to be required for health purposes have been maintained and additional conditions have been imposed. It is one of the amendments added that the person, who is unable to disclose his/her consent due to actual impossibility or whose consent is not legally valid, is mandatory for the protection of his/her own or someone else's life or physical integrity, is in compliance with the will of publicization and regarding the personal data made public by the person concerned, is mandatory for the establishment, use or protection of a right, is mandatory for the fulfillment of legal obligations in the fields of employment, occupational health and safety, social security, social services and social assistance, is established for political, philosophical, religious or trade union purposes, is in accordance with the legislation and purposes to which they are subjected, is limited to their field of activity and is not disclosed to third parties; is directed to existing or former members and members or persons who are in regular contact with these organizations and organizations.

- Article 9 of the same Law has been amended. A new system is foreseen for the transfer of personal data abroad. According to this system, the parties must make a Standard Contract and submit it to the Board within 5 days and obtain its prior approval. Apart from this, data controllers and data processors may transfer personal data abroad only in the event that there is no adequacy decision and any of the appropriate safeguards stipulated in the fourth paragraph cannot be provided, provided that it is incidental, in the presence of one of the following situations:

1. The relevant person gives explicit consent to the transfer, provided that they are informed about the possible risks.

2. The transfer being mandatory for the performance of a contract between the data subject and the data controller or for the implementation of pre-contractual measures taken at the request of the data subject.

3. The transfer being mandatory for the establishment or performance of a contract between the data controller and another natural or legal person for the benefit of the data subject.

4. The transfer being mandatory for a superior public interest.

5.  The transfer of personal data being mandatory for the establishment, exercise or protection of a right.

6. The transfer of personal data being mandatory in order to protect the life or physical integrity of a person who is unable to express his/her consent due to actual impossibility or whose consent is not given legal validity.

7. Transferring from a registry that is open to the public or persons with a legitimate interest, provided that the conditions required to access the registry in the relevant legislation are met and the person with a legitimate interest requests it.

The effective date of the regulation is determined as 01.09.2024.

• Another important amendment brought to the PDPL by the law is related to administrative fines. It has been regulated to impose an administrative fine of 1.000.000 Turkish Liras from 50.000 Turkish Liras. At the same time, it was decided to file a lawsuit to the administrative courts against the administrative fine sanctions imposed by the Board. The effective date of the relevant provision is determined as 01.07.2024. In other words, until 01.07.2024, the files before the criminal courts of peace, which are the legal remedies specified in the previous regulation, must be decided by these courts. 

• To sum it up, with these changes;

Exceptions to the prohibition of processing sensitive personal data have been regulated.

The regulation on the transfer of personal data abroad has been amended.

It has been regulated that a lawsuit can be filed in administrative courts against the administrative fines imposed by the Board.

 

The Regulation on Preventing Collisions at Sea has entered into force

The "Regulation on Prevention of Collision at Sea" prepared by the Ministry of Transport and Infrastructure entered into force by being published in the Official Gazette dated 12.03.2024 and numbered 32487 in accordance with the Presidential Decree No. 8258. With the entry into force of the Regulation, the Regulation on Prevention of Collision at Sea, which entered into force with the decision of the Council of Ministers dated December 12, 1977 and numbered 7/14561, has been repealed.

The purpose of the said Regulation is to determine the lanterns and signs to be carried and displayed by all boats in the seas within the Turkish maritime jurisdiction and in the waters connected with these seas and where the offshore boats can sail in order to prevent conflict at sea, the plain fog and maneuvering signs to be given, the navigation rules to be observed and other rules and all kinds of signs to be given and displayed to ask for help when they are in danger.

The regulation covers all boats in the seas within the Turkish maritime jurisdiction, regardless of their flag, and in the waters connected with these seas and where offshore boats can sail.

The new Regulation on Prevention of Collision at Sea has been put into effect and it has been regulated to decide in accordance with the provisions of Article 8 of the Law on the Protection of Life and Property at Sea dated 10.06.1946 and numbered 4922 and the Convention on the International Rules for the Prevention of Collision at Sea of 1972.

It is compulsory to have a copy of the 1972 Convention on the International Rules for the Prevention of Conflict at Sea on board.

Regulation Link; https://www.resmigazete.gov.tr/eskiler/2024/03/20240312-25.htm

The said Communiqué was published in the Official Gazette No. 32480 on 05.03.2024.

For food products related to gluten-free, lactose-free, low-protein and similar diseases, chain stores engaged in the sale of fast-moving consumer goods in the food retail sector and with more than 200 branches;

1. Flour, sweet snack and salty snack without gluten in its branches with a sales area of more than two hundred and fifty square meters,

2. Bread, flour, pasta, sweet snacks and salty snacks without gluten in its branches with a sales area of more than four hundred square meters,

obligation has been imposed.

Communiqué Link; https://www.resmigazete.gov.tr/eskiler/2024/03/20240305-6.htm

The Communiqué was published in the Official Gazette dated 07.03.2024 and numbered 32482.

Pursuant to the International Arbitration Law No. 4686, if there is no agreement between the parties and the arbitrator or the arbitral tribunal on the determination of the remuneration or if there is no provision in the arbitration agreement regarding the determination of the remuneration, or if the parties have not referred to the international rules established in this regard or the institutional arbitration rules, the provisions of the communiqué published on the remuneration to be received by the arbitrator or the arbitral tribunal shall apply.

According to the Communiqué, the fee is determined according to the Communiqué in force on the date of the verdict.

The effective date of the Communiqué is determined as 15.03.2024.

With the said Communiqué; the Communiqué on the International Arbitration Fee Tariff published in the Official Gazette No. 32129 has been repealed.

 

 | DISPUTED VALUE                         | SOLE ARBITRATOR FEE                            | 3 OR MORE ARBITRATOR FEE
| For the first 500.000,00 TL                 | 5%                                                                  | 8%
| For the next 500.000,00 TL                | 4%                                                                  | 7%
| For the next 1,000,000.00 TL             | 3%                                                                  | 6%
| For the next 3.000.000,00 TL             | 2%                                                                  | 4%
| For the next 5.000.000,00 TL             | 1%                                                                  | 2%
| For more than 10,000,000.00 TL       | 0.1%                                                               | 0.2%

 

Communiqué Link; https://www.resmigazete.gov.tr/eskiler/2024/03/20240307-5.htm