Legal Newsletter (25 September

This legal newsletter provides a comprehensive overview of the key legal developments, significant administrative investigations and recent legislative amendments for the period 25 September – 8 October 2025.

KEY LEGAL DEVELOPMENTS

The Ministry of Treasury and Finance has updated and published the "Guide for Crypto Asset Service Providers" to clarify the obligations of crypto asset service providers. The guide covers customer identification and verification processes, remote identification methods and enhanced measures, the travel rule (Travel Rule) application, time and limit restrictions on crypto asset transfers, measures to be taken in business relationships with politically exposed persons, and obligations regarding suspicious transaction reporting, information and document provision, and compliance programmes.

The Ministry of Treasury and Finance has updated and published the "Enhanced Measures Guide" to provide guidance to obligated parties under the Law on the Prevention of Money Laundering and related legislation. The guide includes comprehensive updates on numerous topics, such as high-risk customers and transactions, measures to be taken against technological risks, financial relations with high-risk countries, measures to be applied in business relationships with crypto asset service providers, and additional obligations regarding payment and electronic money institutions and terminal services.

ADMINISTRATIVE INVESTIGATIONS

The Competition Board has initiated administrative investigations into the allegations that Bilal Ensar İnşaat Mad. Enerji Nak. San. ve Tic. Ltd. Şti. (ENSAR), Maruf OYSAL-Uğur Beton (UĞUR), Tarlak Yapı İnş. Mad. San. AŞ (TARLAK) and Tekyol Beton San Tic. Ltd. Şti. (TEKYOL), which are active in the ready-mixed concrete sector in Siirt province, by agreeing to fix the sales price of ready-mixed concrete and determine the supply quantity, thereby violating Article 4 of the Law on the Protection of Competition.

The Competition Board has completed its investigation into various companies operating in the white meat sector. Accordingly, the settlement agreements of Beypiliç, Bolez, Keskinoğlu, Lezita and Şenpiliç were accepted, administrative fines were reduced, and a total administrative fine of 1 billion 29 million TRY was imposed. The other parties to the investigation, Akpiliç, Aspiliç, Bakpiliç, Banvit, Bupiliç, Erpiliç, Gedik and Hastavuk, were fined a total of 1 billion 674 million TRY.

The Competition Board completed its preliminary investigation into Spotify. Accordingly, Spotify was found to have discriminated against rights holders of musical works on its platform in terms of adding musical works to the platform's playlists, ranking, visibility, and promotion in recommendation algorithms, and whether it has made it difficult for rights holders of musical works who receive royalties from subscription revenues generated by competitors and/or the platform to carry out their activities in relation to the subscription prices it has set in Turkey through predatory pricing.

The Ministry of Trade imposed administrative fines totalling 172 million TRY on 1,416 individuals who increased prices excessively in real estate advertisements in a manner inconsistent with general economic data. While such increases were banned with a regulation change in May, recent inspections resulted in fines of 35 million TRY for 256 individuals. The Ministry stated that inspections would continue resolutely to establish a fair, transparent, and balanced structure in the real estate market.

The Advertising Board decided to block access to 10 social media accounts with high followings that were found to be advertising illegal betting and gambling and directing consumers to illegal websites. Furthermore, the necessary applications were made to initiate legal proceedings against those responsible for these accounts and the related illegal websites. The Ministry stated that it would continue its efforts to protect consumers and combat illegal advertising with determination.

The Advertising Board reviewed Trendyol's mobile application notification system, which exposed users to marketing content, and deemed this as unfair commercial practice, issuing a decision to halt it. The decision emphasised that informational and marketing-purpose mobile notifications must be separated, and that users must be asked for separate permission for marketing notifications to be sent.

OFFICIAL GAZETTE

The Personal Data Protection Board decision dated September 4, 2025 and numbered 2025/1572 entered into force upon its publication in the Official Gazette dated October 1, 2025 and numbered 33034. Accordingly, data controllers with an annual employee count of less than 50 and an annual balance sheet total of less than 100 million TRY, whose main activity does not involve the processing of sensitive personal data, as well as data controllers whose main activity involves the processing of sensitive personal data but who have fewer than 10 employees and an annual balance sheet total of less than 10 million TRY, shall be exempt from registration in the data controller registry.

The Regulation Amending the Road Transport Regulation entered into force upon its publication in the Official Gazette dated October 1, 2025 and numbered 33034. The Regulation contains amendments to the foreign-plated vehicle regime and penalty system.

The decision of the Public Oversight, Accounting and Auditing Standards Authority dated September 26, 2025 on the Procedures and Principles Regarding Corporate Sustainability Reporting Expertise entered into force upon its publication in the Official Gazette dated October 1, 2025 and numbered 33034. The decision regulates the training, licensing examinations and requirements, registration procedures, activities, suspension and revocation of licences for persons who will perform duties within this scope.

Communiqué Amending the Communiqué on the Regulation of Access to Files and the Protection of Trade Secrets (Communiqué No: 2010/3) (Communiqué No: 2025/3) entered into force upon its publication in the Official Gazette dated October 4, 2025 and numbered 33037. Accordingly, the right of access to files and the scope of internal correspondence have been redefined.

Communiqué Amending the Communiqué on Processes and Technical Criteria Related to Electronic Signatures entered into force upon its publication in the Official Gazette dated October 4, 2025 and numbered 33037. Accordingly, the validity period of the valid electronic signature algorithms listed in Article 6 has been extended from December 31, 2025 to December 31, 2027.