The Law amending the Social Security and General Health Insurance Law and the Decree No. 375 (“Law“) was published in the Official Gazette and entered into force on 03.03.2023. The

Increasing employees’ salary is within the scope of employer’s management right, and it is at the employer’s discretion, provided that there is no established workplace practice* or any employer commitment

With the Decree on Increasing the Monetary Thresholds by Half Specified in the Additional 2nd, Additional 3rd and Additional 4th Articles of the Law on the Regulation of Electronic Commerce

Presidential Decree No. 125 on Measures Taken related to Labor and Social Security under the State of Emergency (“Decree”) was published in the Official Gazette dated 22.02.2023. Within the scope

With the Communiqué Regarding the Redetermination of the Minimum Equity Amounts of Payment Institutions and Electronic Money Institutions published in the Official Gazette dated January 28, 2023 and numbered 32087

The General Communiqué on Tax Procedure Law numbered 546 which published at the Official Gazette dated January 18, 2023 and numbered 32077 (“Comminiqué”) abolished the obligation of the taxpayers to

As of 01.01.2023, the statutory severance payment cap has been re-determined as gross 19.982.83 TL. In this respect, as of 01.01.2023, the statutory severance payment cap will be applied as

Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers (“Regulation“) published in the Official Gazette no. 32058 and dated 29.12.2022, introduced a number of important obligations for

The Decision of the Minimum Wage Determination Commission (“Decision”) has been published by the Ministry of Labor and Social Security in the Official Gazette dated 29.12.2022. As per the Decision,

The Constitutional Court’s decision dated 28/06/2022 and No: 2018/6161 (“Decision“), published in the Official Gazette dated 20/12/2022, has addressed important issues regarding the right to request protection of personal data

With the Decree numbered 6434 with the title “Decree Regarding the Determination of the Companies Subject to Independent Audit”, which entered into force by being published at the Official Gazette

The Constitutional Court’s decision No: 2019/25604, dated 21/09/2022 which was published in the Official Gazette dated 16/11/2022, has addressed important issues regarding the  processing of employee data within the scope

According to the Official Gazette dated November 8, 2022 and numbered 32007, the date “01.01.2023” stipulated in the provisional article 1 of the Communiqué on the Procedures and Principles Regarding

A mutual agreement is an agreement executed by employer and employee to terminate the employment mutually. Mutual agreements are not regulated in Turkish Law; therefore, validity conditions of mutual agreements

With the Law on the Amendment of the Law on the Regulation of Electronic Commerce published in the Official Gazette on 07.07.2022, some changes have been made in the Law

Minimum Wage: The Decision of the Minimum Wage Determination Commission (“Decision”) was published by the Ministry of Labor and Social Security in the Repetitive Official Gazette dated 01.07.2022. Within the

During the process of industrial life, the employees might end up with certain inventions and the Turkish legislation stipulates that these employees should be awarded by the employer. This article

The Law on İstanbul Finance Center (“Law”) is enacted and entered into force and effect as of June 28, 2022 by being published in the Official Gazette dated June 28,

Some additions have  been made to the Notary Public Law No. 1512 (“Law”) with the articles 12, 13 and 14 of the Amendments to the Law on Judges and Prosecutors

The Cookie Practices Guide (“Guide”) published on the official website of the Turkish Personal Data Protection Board (“Board”) on 20.06.2022, contains a number of recommendations for the proper fulfillment of

The temporary regulation, announced by the Minister of Justice on 08.06.2022, which limits the rent increase in residential lease agreements to 25%, was approved by the General Assembly of the

Articles 21/16/c and 40/16/c of the Capital Movements Circular (“Circular”) have been amended with the letter of Ministry of Treasury and Finance of Republic of Turkey dated 24.05.2022 and numbered

In accordance with the “Foreign Direct Investment Law” numbered 4875 and the “Foreign Direct Investment Law Implementation Regulation” companies with foreign share capital, Turkey branches of the foreign companies and

1. Introduction In Turkey, signing contracts with a basic or secure electronic signature is an important issue. This topic should be evaluated with the provisions of the Electronic Signature Law

With its decision with file numbered 2022/436, decision numbered 2021/1380 and dated 07.02.2022, 9th Civil Chamber of the Supreme Court decided that Article 420* of Turkish Code of Obligations (“Code“),

In the decision of the Constitutional Court with the application number 2018/11988 and dated 10.03.2022, which was published at the Official Gazette dated 19.04.2022, it was resolved that tracking of

The Ministry of Treasury and Finance (“Ministry”) has published an announcement on its official website and on its social media account regarding the Communiqué (Communiqué No: 2022-32/66) Amending the Communiqué

With the Official Gazette dated 19.04.2022, the Communiqué (Communiqué No: 2022-32/66) Amending the Communiqué on the Decree No. 32 (Communiqué No: 2008-32/34) on the Protection of the Value of Turkish

The Capital Movements Circular (“Circular”) has been amended with the letter of Ministry of Treasury and Finance of Republic of Turkey numbered 1130224 and dated April 14, 2022 and the

Brief explanations regarding the changes in tax legislation of the Law No. 7394 published in the Official Gazette dated April 5, 2022 are as follows:   A. Capital completion Net

The important matters regarding the decisions taken within the scope of the Personal Data Protection Law No. 6698 (“Law”) and published on the official website of the Personal Data Protection

New amendments have been introduced to the Communiqué on Mergers and Acquisitions Requiring the Approval of the Turkish Competition Authority numbered 2010/4 (“Communiqué”) with the Communiqué numbered 2022/2 and published

The Regulation on the Protection and Processing of Data at the Social Security Institution (“Regulation”), prepared by the Social Security Institution (“Institution”) and published in the Official Gazette dated 19.02.2022,

Turkish Personal Data Protection Board (“Board”) has published 7 principal decisions taken within the scope of the Law on Protection of Personal Data No. 6698 (“Law”). Important aspects regarding such

The Capital Movements Circular (“Circular”) has been amended with the letter of Ministry of Treasury and Finance of Republic of Turkey numbered 940051. The change has been realized within the framework

On February 15, 2022, by taking into account the data security breaches, the Board of Protection of Personal Data (“Board”) published an announcement regarding the technical and administrative measures recommended

The decision of the Constitutional Court regarding the file (with the application number 2018/34548 and the decision dated 28.12.2021) was published at the Official Gazette on February 11, 2022. In

The Communique on the Procedures and Principles Regarding the Secured Issuance of Capital Markets Instruments (“Communique”) by the Capital Markets Board (“Board”) has entered into force with the publication of

With the Communiqué on Re-determination of Minimum Equity Amounts of Payment and Electronic Money Institutions (“Communiqué”) published in the Official Gazette dated 22.01.2022 and numbered 31727 amendment has been made

Within the scope of the letter of the Ministry of Labor and Social Security titled Covid-19 Measures at the Workplaces, employers may require from employees, who are not vaccinated against

The Turkish Board of Protection of Personal Data published a Draft Turkish Guide on January 11, 2022, in the form of advice and guidance for data controllers that process personal

The Regulation Regarding Remote Identification Procedures to be used by Financial Leasing, Factoring, Financing, and Savings Finance Companies and Establishment of Contractual Relations in Electronic Environment (“Regulation”) has been published

Presidential Decision No. 5063 (“Decision”) on Amendments to Vocational Education Law was published at the Official Gazette dated 05.01.2022. Within the scope of the Decision, as detailed in our newsletter

In Turkey, there are monetary and non-monetary consequences to both the employer and the employee for immigration non-compliance (ie. not abiding by work authorization and visa requirements). The laws which

Law on Amendment of Certain Laws numbered 7346 was published at the Official Gazette dated 25.12.2021. Within the scope of the Law, essential changes have been made to the Vocational

This article has been prepared for the purpose of providing information regarding general information and process of Collective Bargaining Agreements.  A. General Information on Collective Bargaining Agreements Collective bargaining agreement

While criminals and money launderers hide behind anonymously owned companies around the world, secrecy in corporate ownership is considered as one of the risky areas for breeding corruption. When it

Following the Social Security Institution’s announcement dated 11.12.2021 and the circular numbered 2021/38 (“Circular”), the deadline for employers to submit e-notification application, as per Regulation on Electronic Notification before Social

Pursuant to the Law regarding Work Permits for Foreign Nationals (“Law”) and the amended Regulation on Work Permits for Foreign Nationals, all foreign nationals (including those of EU members) must

Pursuant to Minimum Wage Commission’s meeting on 16 December 2021, the net minimum wage has been determined as TL 4.253,40 for the year 2022. Please note that the announcement has not

New regulations have been introduced in relation to joint-stock companies with bearer shares according to the Law on Prevention of Proliferation of Weapons of Mass Destruction numbered 7262. Pursuant to

INTRODUCTION                                        Turkey does not have a set regulatory procedure for “Right to Work” verification during HR onboarding, or other immigration compliance forms (ex. Form I-9 in the US). That doesn’t

The Communique on the Procedures and Principles Regarding the Personnel Certification Mechanism (“Communique”) by the Board of Protection of Personal Data (“Board”) was published and entered into force with the

The “Regulation Regarding Payment Services and Electronic Money Issuance and Payment Service Providers” (“Regulation”) and the “Communique Regarding Information Systems of Payment and Electronic Money Institutions and Data Sharing Services

In case you are one of the data controllers listed below*, we would like to remind you that deadline for fulfilling the obligation to register with the Data Controller Registry

“Communique on the Amendment of “Communique on Block Exemption Regarding the Vertical Agreements (Communique No: 2002/2)” (Communique No: 2021/4)” (“Communique“) has been published in the Official Gazette dated November 5,

Digitalization is changing legal procedures in Turkey in various ways. Especially with the effects of Covid-19 we are increasingly seeing government procedural changes that benefit a more fast-paced environment in

With the “Regulation Amending the Regulation on Associations” (“Amendment Regulation“) published in the Official Gazette dated 21.10.2021 and numbered 31635, new regulations were introduced to the Regulation on Associations (“Regulation“).

New regulations have been introduced to “Communique on Take Over Bids” (II-26)”, adapted by Capital Markets Board, with the Communique on Amendments to Communique on Take Over Bids (II-26.1.ç) (“Communique”)[1]

In this article, we will examine the penalty clause (penalty condition), which has an important place in our law, especially in construction (work) agreements. In order to better understand our

A “Public Announcement on Covid-19 PCR Test Result and Vaccine Information Applications” has been published by Personal Data Protection Board on 28.09.2021. In summary, the announcement states the following: Article

Regulation regarding the Electronic Notification by the Social Security Institution (“the Regulation”) has been published at the Official Gazette on 24.09.2021 by the Ministry of Labor and Social Security of

An announcement regarding the Covid-19 measures in workplaces has been published by the Ministry of Labor and Social Security of the Republic of Turkey on 03.09.2021. In this direction, the

As known, physical notifications to be sent by judicial and administrative authorities, particularly courts, are made in accordance with the provisions of the Notification Law Numbered 7201. Pursuant to the

Smart contracts are contractual software that users connected to decentralized networks that embody distributed databases, known as Blockchain, conclude by arranging them among themselves. Smart contracts organized as digital algorithmic

The Law on the Amendment of Certain Laws and Statutory Decrees was published in the Official Gazette dated on 28 July 2021, numbered 31551 and entered into force. Article 17

In this article, we will provide information on the requirement of (i) job search leave and (ii) ban on usingannual paid leave during notice period: Job Search Leave In accordance

Since the beginning of the Covid-19 pandemic, many employees have been forced to work remotely from their home and in some circumstances from another country. A common question regarding Turkish

On 25.06.2021, the Board of Protection of Personal Data (”Board”) has published two announcements; one of them is related to obligation of ordinary partnerships, joint ventures and consortiums to be

In this article, we have explained the regulations regarding remote working and whether accidents that may occur during remote working will be considered as occupational accidents: Regulations Regarding Remote Working

Amendments have been made to Law on Amending Certain Laws (“Law”) with Law on Amending the Laws on Insurance and Certain Other Fields and a Statutory Decree (“Amending Law”) published

New regulations regarding the general assemblies of joint stock companies whose shares are bearer share certificates have been brought to the Regulation on the Procedures and Principles of General Assembly

The purpose of this article is to assist understanding the immigration process of a foreign Press Member in Turkey. This article is not intended as specific legal advice and each

Transfer of personal data[1] to third parties located abroad is regulated under article 9 of the Law on Protection of Personal Data No. 6698 (“Law”). According to article 9 of

The purpose of this article is to assist understanding Turkey’s indefinite residence permit application criteria and process. This article is not intended as specific legal advice and each Indefinite Residence

The Regulation Concerning Electricity Market Storage Activities (“Regulation“) has been published by the Energy Market Regulatory Authority (“EMRA“) on the Official Gazette numbered 31479 and dated 09.05.2021. The Regulation determines

Regulation on Amending the Regulation on Certification and Support for Renewable Energy Resources has been published on the Official Gazette dated May 9, 2021 and numbered 31479 and has amended

Crypto-assets service providers have been regulated as obliged party under the Regulation on Measures Regarding the Prevention of Laundering Proceeds of Crime and Financing of Terrorism (“Regulation”) with the amendment

Financial assistance prohibition is regulated under article 380 of the Turkish Commercial Code numbered 6102 (“TCC“). Pursuant to Article 380 of the TCC, it is stated that the legal transactions

With the Communique on the Application of Paragraph (A) of Provisional Article (3) of the Code Amending Certain Laws Numbered 7226 published in the Repeating Official Gazette dated April 30,

(“Provisional Article 3”) has been added to the Code Amending Certain Laws numbered 7226 dated 25 March 2020, with the article 15 of the Code Amending Certain Laws with Tax

It has been announced with the Presidential Decision No. 3930  published at the Official Gazette dated 30.04.2021 that the periods regulated under Temporary Article 10 of the Labor Law numbered

Council of Judges and Prosecutors convened in order to evaluate the implementation of the full closure measures, declared by the President on 26.04.2021, in terms of judicial activities and announced

The Regulation Amending the Regulation on Internet Domain Names (“Amending Regulation“) has been published in the Official Gazette and changes were made in the Regulation on Internet Domain Names Regulation

Within the scope of the President’s Decree numbered 3910 published in the Official Gazette dated 23.04.2021, in accordance with the Provisional Article 23 of the Unemployment Insurance Law (“Law”) numbered

General Evaluation Mergers and acquisitions occur as a result of acquisition of all or part of the shares of a legal entity or acquisition of new shares issued via capital

On April 16th of 2021, close to midnight, a directive was published. It was a piece of legislation regulating the cryptocurrency for the first time ever in Turkey. And ironically,

The Regulation on Prohibiting Payments with Crypto-Assets has been published in the Official Gazette dated April 16, 2021 and numbered 31456 (“Regulation”). With this Regulation, a regulation on crypto-assets has

According to the amendments made to 8 regulations published in the Official Gazette dated April 9, 2021 and numbered 31449, amendments were made in the same framework on the electricity,

The “Electric Scooter Regulation” (“Regulation“) entered into force with the Official Gazette No. 31454 published on 14.04.2021 by the Ministries of Transport and Infrastructure, Environment and Urbanization and Interior Affairs

The exit codes to be used by the employers in case of termination pursuant to the situations under “circumstances against ethics and goodwill and similar circumstances” specified under article 25/II

“The Law on Financial Leasing, Factoring and Financing Companies” has been amended by the Law on Financial Leasing, Factoring and Financing Companies and Amendments on Other Laws (the “Law”) published

New regulations have been introduced to Turkish Commercial Code (“TCC”) regarding bearer share certificates with the Code on the Prevention of the Financing of the Propagation of Weapons of Mass

Paragraphs 5 and 6 of Article 19 and Article 22 of Capital Movements Circular (“Circular”) were amended in accordance with the letter of Ministry of Treasury and Finance of Republic

The Communiqué on the Commitments in Preliminary Inquiry and Investigations concerning Agreements and Concerted Practices between Undertakings and Decisions and Practices of Associations of Undertakings Restricting the Competition (Communiqué No:

The Communiqué on Agreements, Concerted Actions and Decisions and Actions of Association of Undertakings that do not Considerably Restrict Competition (Communiqué No: 2021/3) (“Communiqué“) was published in the Official Gazette

The Board of Protection of Personal Data has re-postponed the deadline for registration to the Data Controller Registry (“Registry”) with the decision dated 11.03.2021 and numbered 2021/238. In this regard,

Remote Working Regulation (“Regulation”), which regulates the rights and obligations of remote working employees and employers in accordance with the Labor Law numbered 4857, is published at the Official Gazette

Law on Financial Leasing, Factoring and Financing Companies published in the Official Gazette dated  December 13, 2012 and numbered 28496 has been amended with the Law on Financial Leasing, Factoring

It has been announced with the Presidential Decision No. 3592  published at the Official Gazette dated 09.03.2021 that the periods regulated under Temporary Article 10 of the Labor Law numbered

Amendments to the Communiqué on the Decree No. 32 on Protection of the Value of Turkish Currency (Communiqué No. 2008-32/34) Communiqué on the Decree No. 32 on Protection of the

With the Regulation Amending the Regulation on the Compliance Program for the Obligations Regarding the Preventing of Laundering of Crime Revenues and Financing of Terrorism published in the Official Gazette

Turkey’s Energy Market Regulatory Authority’s (“EMRA”) decision dated February 25, 2021 was published in the Official Gazette dated March 3, 2021 and numbered 31412 (“Decision”) has declared that the pre-license

Banking Regulation and Supervision Agency (“BDDK”) has announced “Draft Regulation of Sharing Secret Information” (“Draft Regulation”). The Draft Regulation, on the basis of Article 73 of the Banking Law numbered

Within the scope of the President’s Decree numbered 3556 published at the Official Gazette dated 19.02.2021, in accordance with the Provisional Article 23 of the Unemployment Insurance Law numbered 4447,

Paragraph 16(c) of Article 21 and Paragraph 16(c) of Article 40 of Capital Movements Circular (“Circular”) were amended in accordance with the letter dated February 16, 2021 numbered 101057 of

Subject of Application Made to the Constitutional Court The Constitutional Court decision dated 12.01.2021 regarding the application numbered 2018/31036 has been published in the Official Gazette dated 05.02.2021. The subject

The following amendments were made to the Law on the Protection of the Value of Turkish Currency numbered 1567 and dated 20 February 1930 (“Law”) with a provisional article as

The Law on the Electricity Market Law and Certain Other Laws numbered 7257, which was previously published in the Official Gazette dated December 2, 2020 and numbered 31322 set forth

The following amendments were made to Law on Movable Property Pledge in Commercial Transactions numbered 6750 and dated 20 October 2016 (“Law“) to be effective as of 3 February 2021.

The following amendments have been made under Turkish Commercial Code numbered 6102 and dated 13 January 2011(“Law”). Under article 40 titled “Registration” of the Law, it was regulated that the

INTRODUCTION The new 2021 Arbitration Rules of International Chamber of Commerce has been entered into force as of January 1, 2021 (“2021 ICC Rules”). Any arbitration agreement which has been

To be effective as of 19.01.2021, placement of advertisements on the platforms of Pinterest, Twitter Inc., Twitter Inc. (Periscope / Scope)  has been banned as per the decisions no. 4202,

After announcing Güzide Özbilen and Tuğce Işıkara as new partners in summer 2020, Bener is pleased to announce the appointment of Ayşegül Özgen in litigation department as a new partner

Significant changes have been made in terms of bearer share certificates of the joint stock companies under the Turkish Commercial Code No. 6102 (“TCC”) . Amendments made to the provisions

The Law on Prevention of Laundering of Crime Revenues numbered 5549 and dated October 11, 2006 (“Law”) has been amended . With the amendment to article 2 of the Law,

The prohibition on submission of post-dated cheques to the drawee bank for payment, has been extended until December 31, 2021. Cheque Law numbered 5941 and dated December 14, 2009 (“Law”)

It has been announced with the Presidential Decision No. 3344 published at the Official Gazette dated 30.12.2020 that the periods regulated under Temporary Article 10 of the Labor Law numbered

The Communiqué on Amendments to the Communiqué on the Procedures and Principles Regarding the Implementation of Article 376 of the Turkish Commercial Code No. 6102 was published in the Official

It has been announced with the Presidential Decisions No. 3316 and 3317 published at the Official Gazette dated 23.12.2020 that the periods for short term working regulated in accordance with

With the Regulation on Amendment of the Regulation on Commercial Communication and Commercial Electronic Messages published at the Official Gazette on 28.08.2020, Regulation on Commercial Communication and Commercial Electronic Messages

Within the scope of the amendment regulations published at the Official Gazette dated 05.11.2020, certain amendments have been made to the Regulation on Warranty Certificate, Regulation on After Sales Services

With the President’s Resolutions numbered 3134 and 3135 that are entered into force after being published at the Official Gazette dated October 27, 2020, the periods stipulated for termination ban

As per the “Regulation Amending the Regulation for Implementation of Foreign Direct Investment Law” published in the Official Gazette dated October 16, 2020 and numbered 31276, “Regulation For Implementation of

Change in the Name of the Regulation As per “Regulation Amending the Regulation on the Procedures and Principles of General Assembly Meetings of Joint Stock Companies and Representatives of Ministry

As it is known, as per the Decree Dated 16.11.2018 And Numbered 2018 /32-52 On Amendment Of Decree On Protection Of Value Of Turkısh Currency (Decree No: 2008-32 /34) (“Decree”),

With the Presidential Decree No. 3031 dated 29.09.2020 (“Decree No. 3031”) and Presidential Decree No. 3032 (“Decree No. 3032”) published in the Official Gazette dated 30.09.2020; the rate of banking

We would like to remind that pursuant to the Law on Protection of Personal Data real and legal persons that are data controllers, of which the annual number of employees

In order to reduce the negative impacts of Covid-19 pandemic on social and economic life in our country, a provisional article has been added to the Turkish Commercial Code (“TCC”)

The Bill of Law on the Amendments to Law of Unemployment Insurance and Certain Laws (“The Bill”) has been under discussion in Grand National Assembly of Turkey for a while

Article 23 regarding the material transactions of companies and Article 24 regarding the exit right of shareholders, of the Capital Markets Law No: 6362 (“Law”), have been amended by the

Deadlines for registration of data controllers  to Data Controller Registry (“Registry”) as per the Law on Protection of Personal Data have been extended in accordance with the decision made by

With the Decree of the Presidency numbered 2568 published on the Official Gazette dated 24.05.2020, Decree annexed to the Decree of Council of Ministers dated 28.08.1998 and numbered 98/11591 regarding

Capital Movements Circular of the Central Bank of the Republic of Turkey (“Circular”) was amended on May 11, 2020 in accordance with the letter numbered 267896 of the Ministry of

As per the Regulation Regarding Amendment of Regulation Regarding Commercial Communication and Commercial Electronic Messages that has been announced in the Official Gazette dated 04.01.2020, certain important changes have been

In order to reduce the negative impacts of Covid-19 pandemic on social and economic life in our country, a provisional article has been added to the Turkish Commercial Code (“TCC”)

“The Law of Product Safety and Technical Regulations” (“Law”) No. 7223has been enacted through the Official Gazette numbered 31066 and published on 12 March 2020. The Law will enter in

With the Council of Ministers’ Decree numbered 2018/11597 with the title “Decree on the Determination of the Companies subject to Independent Audit”, which entered into force by being published at

For the purpose of clarification of matters with regard to the Decree No. 32 on the Protection of Value of Turkish Currency of the Council of Ministers numbered 89/14391 and

The Decree Numbered 32 on the Protection of Value of Turkish Currency (the “Decree”) of the Council of Ministers numbered 89/14391 and published in the Official Gazette dated August 7,

Article 5 regarding the conditions precedent to be applied before initial public offering of shares of non-public companies of the Communique on Shares (the “Communique”) published in the Official Gazette

Article 57 of the Electricity Market Licensing Regulation, which was issued by Energy Market Regulatory Authority (“EMRA”) and published in the Official Gazette dated 02/11/2013 and numbered 28809 (the “Regulation”)

The Law on Pledge of Movables in Commercial Transactions (“Law”) numbered 6750 was published in the Turkish Official Gazette on September 28, 2016 and will enter into force on January

NEWSLETTER REGARDING LAW ON INTERNATIONAL WORKFORCE   On August 13th, 2016, Turkey finally published the “LAW ON INTERNATIONAL WORKFORCE” (Law No. 6735) in the official gazette. This new work permit

According to the decision of the Council of Ministers dated July 20, 2016 and numbered 2016/9064 announced at the Turkish Official Gazette dated July 21, 2016, the Council of Ministers