The Turkish Pharmaceuticals and Medical Devices Authority recently announced that the draft amendments to the Regulation on Clinical Trials of Pharmaceuticals and Biological Products and the European Commission's Implementing Regulation Draft regarding the nonmedical product groups listed in Annex 16 of Regulation (EU) 2017/745 on medical devices are open for public consultation. 

Recent Development | On 1 February 2022, the Ministry of Trade amended the Regulation on Commercial Advertisements and Unfair Commercial Practices. In addition to the important amendments in the content of commercial advertisements, new obligations are imposed on sellers, service providers, intermediary service providers and complaint platforms. The amendments to the Regulation will enter into force on 1 March 2022. 

New Development | The decision of the 3rd Civil Chamber of the Supreme Court with File No. 2021/4000 and Decision No. 2021/11403 ("Decision") was published in the Official Gazette on 25 January 2022. The Decision includes essential remarks concerning the liability of intermediary service providers for the content, and goods and services subject to such content, in the electronic environment they provide.

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The Turkish Data Protection Authority has published a principal decision on blacklisting in the car rental industry. The Turkish Data Protection Authority has evaluated the privacy violations arising out of the blacklisting and also introduced the joint controller concept for the first time.

The Information Technologies and Communication Authority amended the Regulation on Consumer Rights in the Electronic Communication Sector. The main areas that are subject to the amendments are the execution, content and implementation of subscription agreements; restriction, suspension and termination of services; and informing consumers.

The Turkish Pharmaceuticals and Medical Devices Authority has published announcements regarding (i) testing, control and calibration of medical devices, (ii) medicines that are counterfeit or illegal and that go outside the legal supply chain, (iii) amendments to regulations regarding biocidal products, and (iv) the recall process.

The Personal Data Protection Authority has published the Draft Guideline on Use of Cookies. With the Guideline, the Authority aims to bring recommendations to ensure the compliance of website operators with the Personal Data Protection Law. The Guideline is open for public consultation until 10 February 2022. Interested stakeholders may convey their opinions and suggestions to the Authority in written form or via email to [email protected].

The Turkish Constitutional Court evaluated Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts in its newly published pilot decision on freedom of expression and the press. The Constitutional Court pointed out the relationship between freedom of expression and the press and Article 9 of the Internet Law and made recommendations to the Turkish Grand National Assembly for the reformulation of the relevant article.

The Ministry of Trade amended the Customs Regulation and ratified the decision of the EU-Common Transit Countries Joint Committee amending the Convention on the Common Transit Procedure on 30 December 2021. Additionally, new import communiqués were published and the Import Regime Decision and Decision Regarding the Application of Additional Customs Duty on Imports were amended on 31 December 2021