Protection of personal data in Turkey

When we look at the world history, humanity previously had to deal with epidemic diseases. These were finally overcome. It will not go without a struggle, but the good times will come. It is important that we stay focused on the things that will happen when everyone goes back to work.

This article is about the latest developments regarding the Turkish Personal Data Protection Act. This Law has been in force for some time. The purpose of the Act is to set clear rules for administrators who process individual personal data. To get a clear picture of those who process individual personal data, the government requires them to register in a national registration system.

Read more on my website: http://www.selmaoren.com/en/newsletter/protection-of-personal-data-in-turkey

The workplaces under Corona

Unfortunately, it is a fact that the world is facing a large-scale pandemic. It's an unknown virus, the SARS-CoV-2, also known as the Corona virus, which spreads very quickly from human to human and even from matter to human. Besides the treatment and control of this virus, every country is working to stop or delay the spreading of the virus. The Turkish government also imposed the necessary measures and advised everyone as far as possible to stay at home. Some companies such as restaurants, hairdressing salons, sports and entertainment places were obliged to close the doors. But what about the companies that are not obliged? Of course, human health comes first. But what does this mean for the workplace in long term? What measures can the employer take? Is the employer obliged to continue to pay the salary? Can the employer expect support from the government? What does the governments financial support involve?

Readmore on our website: http://www.selmaoren.com/en/newsletter/the-workplaces-under-corona

Corporate law: seizure of shareholder's private assets

Doing business is usually taking risks. Of course, it is preferable to do business with companies that are financially powerful. But the main issue is; how do we know for sure that a company is financially strong enough, or that it will last through time?

In case you have a right of claim against a company that appears to be no longer solvent; there is a very minimal chance that the claim will be successful. You will understand, that a won court case does not guarantee the recovery and collection of your claim.

If you are doing business with a company (a Turkish Ltd. or A.Ş.), your contact person is the company as legal entity and not its shareholders personally. If the company is a "bare chicken", a simple debt collection procedure against the company will not yield.

Nevertheless there are still possibilities to hold the shareholders of the company privately liable in addition to the company. This is possible if the company has right of claim against its shareholders. In that case the creditor certainly has a chance to recover his claim from the private assets of shareholders of the company.
Situations where the shareholder can be held personally liable are as follows;

• Be in default with the capital full payment,
• Loan from the company account,
• Owe money to the company for obtained services or goods,
• Claims in the benefit of the company that have been collected privately,
• Personal debts advanced by the company.

You will understand that the accounting of the company is very determining as a burden of proof.

In short, if you have a claim against an insolvent company while the shareholders are driving in expensive cars, or a legal claim against a company that in the meanwhile has gone bankrupt, or otherwise let us advise you further about your legal options.

Or do you have a company in Turkey and you are not sure about proper accounting, let our experts advise you in order that you later on will not be private liable for unexpected collection procedures.