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The Art of Dispute: Key case law and recent developments in dispute resolution
Our newsletter provides practical advice and a concise analysis of key case law and recent developments in dispute resolution.
Authors:
Global | Publication | August 2024
Artificial intelligence (AI) presents a number of challenges related to intellectual property (IP). Our new guide focuses on the key IP considerations associated with generative AI systems, such as ChatGPT, Gemini, and DALL-E, which employ algorithms to create new content. Using examples from a number of jurisdictions, we consider key IP issues in relation to generative AI systems.
Read the full Generative AI guide.
Our 2024 Annual Litigation Trends Survey reveals that technology and cybersecurity risks, along with evolving regulations, are the top concerns for corporate counsel. The rise in cyberattacks and the growing complexity of data privacy laws increase litigation exposure for organizations.
Read the full 2024 Annual Litigation Trends Survey.
Over the past two years, there has been a surge in litigation alleging that common tracking technologies and web analytics on websites may lead to liability under various state and federal laws.
Read the full legal update, "State of play in website and privacy litigation."
The amendments to the Law on Protection of Personal Data Law (LPPD) with the new Law Proposal on the Amendment of the Criminal Procedure Law and Certain Laws (Law Proposal) is published in the Official Gazette of Türkiye in March 2024. The referred amendments aim to harmonize the LPPD with the European Union General Data Protection Regulation (GDPR).
In brief, with the Law Proposal:
Accordingly, the amendments relating to cross-border data transfer based on explicit consent will be implemented until September 1, 2024 and other amendments have come into force on June 1, 2024.
According to the Law on the Protection of Personal Data and Regulation on Data Controller’s Registry, Data Protection Board (Board) is authorized to determine exemption for the registration obligation by taking into account the objective criteria set by the Board such as the nature and quantity of the data processed, or the facts as data is being processed or transferred to third parties by virtue of law.
With a recent decision of the Board the total annual balance threshold exempting the data controllers from registration with VERBIS is increased from ₺25 million to ₺100 million considering the current economic conditions in Türkiye. Accordingly, as of July 2023, data controllers employing less than 50 employees and with an annual balance less than ₺100 million will be exempt from registering with VERBIS, provided that their main business activity is not processing sensitive personal data.
A Cooperation and Information Sharing Protocol was signed between the Personal Data Protection Authority and the Competition Authority in order to ensure an active and effective regulatory environment. Within the scope of the protocol, the authorities will be conducting active cooperation efforts such as:
An application is made to the Constitutional Court by an employee alleging that the right to request the protection of personal data was violated due to the lack of an effective criminal investigation due to the fact that the personal data of the employee was unlawfully obtained. The applicant stated that the employer, who terminated the employment contract, unlawfully examined the applicant's bank account transactions and the employee have reported this situation to the Samsun Chief Public Prosecutor's Office.
The Prosecutor's Office decided that there was no need for prosecution on the grounds that the crime of unlawfully obtaining personal data was not committed, and the Criminal Court of First Instance has also rejected the objection. The applicant then applied to the Constitutional Court, arguing that the evidence was not collected and that an effective investigation was not conducted in compliance with the data protection legislation. The Constitutional Court has ruled that the right to request the protection of personal data in a criminal investigation had been violated and decided that a new investigation should be conducted to eliminate the consequences of such violation.
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