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28June2022

Notaries Will Be Able to Make Real Estate Sales Contract

The Law on Amending the Code of Judges and Prosecutors (In Turkish) and Some Laws ("Law") was published in the Official Gazette dated June 28, 2022 and numbered 31880.

The Law, which brought regulations in different laws, also made changes in the Notary Law No. 1512 (In Turkish).

  • From the date of January 1, 2023, Notaries will be able to make a preliminary real estate contract and real estate sales contract. If one of the parties requests this contract and pays its fees and expenses, it can or may not annotate the land registry through the land registry information system (In Turkish), and notary publics will be responsible for these transactions.

Written by Ece Nur Karakaş, Posted in Code of Obligations

20June2022

Guideline on Cookies Applications Has Been Published

Small information files stored on internet browsers by visited websites are called cookies. While some types of cookies are absolutely necessary for the functioning of the website visited, some types of cookies can be used to store information such as language preference or location of website visitors.

The Draft Guideline on Cookies Applications(in Turkish) was published by the Turkish Personal Data Protection Authority ("Authority") and presented to the public. On June 20, 2022, the Guideline on Cookies Applications ("Guideline") has been published on the website of the Authority for both data processors and data controllers.

It has been stated that the Guide will also be valid for desktop and mobile websites or web applications and it is aimed to create a guiding document as practical advice for all data controllers who operate a website. The Guideline also includes recommendations regarding personal data processed through cookies within the scope of the Turkish Personal Data Protection Law ("Law").

Written by Ece Nur Karakaş, Posted in Personal Data Protection Law

13June2022

Law on Amendment on Turkish Code of Obligations Has Been Published

The amendment made to the Law on Amendment the Turkish Code of Obligation ("Law") (In Turkish) is as follows:

"In terms of house rents, agreements regarding the rental price to be applied in renewed rental periods between the date of entry into force of this article and July 1, 2023 (including this date) are valid, provided that it does not exceed twenty-five percent of the rental price of the previous rental year. If the rate of change in the consumer price index of the previous rental year is below twenty-five percent compared to the twelve-month averages, the rate of change is valid. This rule also applies to lease agreements for more than one year. Agreements made to exceed these rates are invalid in terms of excess amount. The provision of this paragraph is also applied for the decisions to be made by the judge in accordance with the second paragraph of Article 344." The regulation entered into force as of June 11, 2022.

Written by Ece Nur Karakaş, Posted in Code of Obligations

08June2022

Regulation on Processing of Land Registry and Cadaster Data Has Been Published

Regulation on Processing of Land Registry and Cadaster Data and Transactions to be Made in Electronic Media ("Regulation") has been published in the Official Gazette No.31860 and dated June 8,2022 by the Republic of Türkiye Ministry of Environment, Urbanization and Climate Change. The Regulation determines the principles and procedures regarding the online processing of the data in the central database of General Directorate of Land Registry and Cadaster and the transactions to be made in the electronic media. Land Registry and Cadaster System ("TAKPAS") means a service that allows the data kept in the central database to be shared with institutions and individuals, a system consisting of Web Land Registry or other interfaces determined by the General Directorate; "Recipient" means the person or institutions benefiting from TAKPAS; "General Directorate" means General Directorate of Land Registry and Cadaster, "Protocol" means the access protocol to TAKPAS prepared in accordance Turkish Personal Data Protection Law dated March 24, 2016 and numbered 6698 and signed with institutions requesting land registry and cadaster data, professional organizations in the nature of public institutions limited to their own business, legal entities operating in real estate-related matters.

Written by Ece Nur Karakaş, Posted in Personal Data Protection Law

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