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ASSESSMENT OF THE PRINCIPLE DECISION REGARDING THE PROCESSING OF BIOMETRIC DATA FOR TIME AND ATTENDANCE TRACKING PURPOSES
ASSESSMENT OF THE PRINCIPLE DECISION REGARDING THE PROCESSING OF BIOMETRIC DATA FOR TIME AND ATTENDANCE TRACKING PURPOSES

The Personal Data Protection Board (the “Board”), through its Principle Decision dated 29 April 2026 and numbered 2026/921, has made significant assessments regarding the use of biometric identification systems by employers for monitoring employee attendance and working hours. The Principle Decision was published in the Official Gazette dated 2 June 2026 and numbered 33268 and has entered into force, setting forth significant findings and implementation principles regarding the legal basis, the requirement of explicit consent, and the principle of proportionality with respect to fingerprint recognition, facial recognition, iris scanning, and similar biometric systems widely used in workplaces.

JUNE 2025
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THE CONSTITUTIONAL COURT DECISION HAS REDEFINED THE LIABILITY OF INTERMEDIARY SERVICE PROVIDERS IN ELECTRONIC COMMERCE IN TERMS OF CONSUMER RIGHTS
THE CONSTITUTIONAL COURT DECISION HAS REDEFINED THE LIABILITY OF INTERMEDIARY SERVICE PROVIDERS IN ELECTRONIC COMMERCE IN TERMS OF CONSUMER RIGHTS

By the decision of the Constitutional Court dated 12.02.2026 and numbered 2024/187 E., 2026/42 K., the phrase “…and Article 11…” contained in subparagraph (d) of paragraph (6) of Article 48 of the Law No. 6502 on the Protection of Consumers, which granted exemption from liability to electronic commerce intermediary service providers vis-à-vis consumers in cases of defective goods, and paragraph (1) of Article 9 of the Law No. 6563 on the Regulation of Electronic Commerce have been annulled on the grounds that they are contrary to Articles 5, 35, and 172 of the Constitution with respect to consumer contracts.

JULY 2026
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DUAL TRANSFORMATION IN DATA PROTECTION LAW PRACTICE: STRONGER LEGAL STANDARDS AND COMPETENT COURTS
DUAL TRANSFORMATION IN DATA PROTECTION LAW PRACTICE: STRONGER LEGAL STANDARDS AND COMPETENT COURTS

The Personal Data Protection Board’s Principle Decision No. 2026/347, published in the Official Gazette dated 24 March 2026 under No. 33203, clarified that explicit consent texts and disclosure notices must be prepared separately; meanwhile, Decision No. 890 of the First Chamber of the Council of Judges and Prosecutors, published in the Official Gazette dated 22 April 2026 under No. 33232, provided that disputes arising from Board decisions are to be heard before designated specialized administrative courts in Ankara

MAY 2026
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THE CONSTITUTIONAL COURT SAFEGUARDS THE EXPULSION MECHANISM IN TWO-SHAREHOLDER LIMITED LIABILITY COMPANIES
THE CONSTITUTIONAL COURT SAFEGUARDS THE EXPULSION MECHANISM IN TWO-SHAREHOLDER LIMITED LIABILITY COMPANIES

By its decision dated 25.12.2025, numbered 2025/128 E., 2025/273 K., the Constitutional Court has annulled Articles 616/1-(h) and 621/1-(h) of the Turkish Commercial Code No. 6102, which, by tying the expulsion mechanism in two-shareholder limited liability companies to a general assembly resolution, effectively barred access to the courts, having found them to be in violation of Articles 40 and 48 of the Constitution.

APRİL 2026
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UPDATES ON THE COMPETITION BOARD APPROVAL REGIME FOR MERGERS AND ACQUISITIONS
UPDATES ON THE COMPETITION BOARD APPROVAL REGIME FOR MERGERS AND ACQUISITIONS

Türkiye’s merger control regime requiring Competition Board approval was updated by the Communiqué published in the Official Gazette dated 11 February 2026 and numbered No. 33165; the turnover thresholds triggering a filing were increased, the special rule for technology undertakings was limited to those located in Türkiye, and the relevant definitions as well as the assessment framework for joint ventures were clarified.

MARCH 2026
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AMENDMENT TO THE REGULATION ON THE IMPLEMENTATION OF THE COASTAL LAW: RESOLUTION OF THE ISSUE REGARDING THE REFERENCE DATE FOR THE DETERMINATION OF VESTED RIGHTS
AMENDMENT TO THE REGULATION ON THE IMPLEMENTATION OF THE COASTAL LAW: RESOLUTION OF THE ISSUE REGARDING THE REFERENCE DATE FOR THE DETERMINATION OF VESTED RIGHTS

The amendment to the Regulation on the Implementation of the Coastal Law, published in the Official Gazette No. 33147 on 24 January 2026 and entering into force on the same date, modifies the date “11.07.1992” in Articles 4 and 16 to “17.04.1990.” This clarifies that vested rights within coastal zones shall be determined as of 17.04.1990.

FEBRUARY 2026
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