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Legislation - CottGroup Holistic Business Services

05December2022

The Decision, Procedures and Principles on the Determination of the Companies Subject to Independent Audit Published

According to the Presidential Decree No. 6434, published in the Official Gazette No. 32029 on November 30, 2022; it has been decided to put into effect the Decision on the Determination of the Companies Subject to Independent Audit, as per the Article 397 of the Turkish Commercial Code No. 6102 (In Turkish).

Within the scope of the Turkish Commercial Code no. 6102, companies determined based on the Presidential Decree are included to the scope of independent audit which is carried out to ensure that the investment environments to be transparent and reliable, that the partners and third parties take sound decisions about the companies, and that allows the financial statements of the companies to be prepared in detail in accordance with the current financial reporting framework.

Author Selma Kıy, Category Taxation Law

05December2022

How Will the Electricity, Natural Gas and Heating Allowance Exemption Be Applied?

The Revenue Administration has announced the details with regards to the electricity, natural gas and heating allowance exemption with the Income Tax Communique no:322.

1. What are the conditions for this exemption?

These allowances;

  • should be made between 09.11.2022 and 30.06.2023 (including this date),
  • should be done for electricity, natural gas and other heating expenses,
  • should not exceed 1,000 TL per month,
  • should be made in addition to the existing wages.

Author Erdoğdu Onur Erol, Category Taxation Law

02December2022

Amendments to the Communiqué on Payment Services and Electronic Money Issuance and Payment Service Providers

With the Communique published on the Official Gazette dated 25.11.2022 and numbered 32024, some amendments have been made on the previously published Communique with regards to the information systems of payment and electronic money institutions and data sharing services in the field of payment service providers.

With the new amendments;

  • Payment Institutions and Electronic Money Institutions would need to be compliant with the statements on this Communique until 28.02.2023. (The duration stated as "within one year" upon the publish date has changed)
  • Payment service providers that hold payment accounts inside and are among the top ten participants according to their total number in terms of account transactions carried out in Bank Payment Systems in 2020, should fulfill their obligations per the Article 24 of this Communiqué until 28.02.2023. (The duration stated as "within one year" upon the publish date has changed)
  • Data sharing services whose technical requirements are determined within the scope of the sixth paragraph of Article 23 of this Communiqué, may continue to be provided by using non-standard services until 28.02.2023. (The duration stated as "within one year" upon the publish date has changed)

Author Selma Kıy, Category Taxation Law

01December2022

The Constitutional Court Decided that the Right to Protection of Personal Data Has Been Violated

With the application number 2018/16857 and dated 29.09.2022 Constitutional Court Decision has been published in the Official Gazette No. 32030 on 01.12.2022, it has been concluded that the obligation to protect of personal data is a positive obligation that should be undertaken by public authorities hasn’t been fulfilled.

The Constitutional Court examined the claim that the right to request the protection of personal data was violated since the investigation made on the complaint regarding the illegal recording of a non-public speech was not conducted in accordance with the positive obligations of the state.

Author CottGroup Hukuk ve Mevzuat Ekibi, Category Personal Data Protection Law

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