CORPORATE NEWSLETTER – APRIL 2026
LEGISLATIVE CHANGES
Draft Law on the Protection of Trade Secrets Published
The Draft Law on the Protection of Trade Secrets, published by the Ministry of Commerce on April 8, 2026(“Draft”), aims to establish a comprehensive framework by consolidating the scattered regulations regarding the protection of trade secrets under a single umbrella. The Draft defines the scope and nature of trade secrets and clearly sets forth the principles governing the lawful and unlawful acquisition, use, and disclosure of such information.
In this context, obtaining trade secrets with the owner’s consent, through independent discovery, or by analyzing publicly available information is considered lawful; however, unauthorized access, copying, use, and disclosure are deemed unlawful. Additionally, the production, marketing, importation, or storage of infringing products is prohibited. However, certain exceptions are provided for in the context of public interest, freedom of expression, and the legitimate activities of employees.
The draft also provides detailed legal provisions for the protection of trade secret owners. Accordingly, rights holders may request injunctive relief to prevent infringement; courts may order the cessation of the use or disclosure of trade secrets, the seizure of infringing products, or their removal from the market. During the litigation process, special measures are provided to protect the confidentiality of information constituting trade secrets, including mechanisms such as restricting participation in hearings and limiting access to case files to specific individuals.
Furthermore, under the Draft, in addition to claims for compensatory and punitive damages for trade secret infringements, remedies such as the destruction or return of the infringing products may also be sought. With regard to criminal liability, imprisonment and criminal fines are provided for in cases where trade secrets are unlawfully obtained, used, or disclosed.
The competent court for these proceedings is designated as the Commercial Court of First Instance, and the statute of limitations periods are set at 1 year from the date the infringement is discovered and, in any case, 5 years from the date the act occurred. The Draft also stipulates that courts and certain public institutions may request information and documents constituting trade secrets, provided such requests are related to their official duties.
This regulation is significant in terms of resolving uncertainties in the practical application of trade secret protection and establishing a more predictable legal framework, particularly for companies.
HSK Introduces New Case Allocation Regulations for Administrative Courts
Pursuant to the decision of the First Chamber of the Council of Judges and Prosecutors (HSK) dated April 20, 2026, published in the Official Gazette No. 33232 dated April 22, 2026, a new case allocation system has been introduced to strengthen specialization in administrative litigation, ensuring that certain disputes are heard by specific courts.
The regulation aims to prevent discrepancies in judicial precedents, particularly regarding cases involving urban planning, land parceling procedures, and building permits; accordingly, it provides for the consolidation of such disputes in specific administrative courts. It has been decided that these cases will be heard in specific specialized administrative courts in Adana, Ankara, Antalya, Bursa, Diyarbakır, Erzurum, Gaziantep, Istanbul, Izmir, Kayseri, Konya, and Samsun.
The decision is not limited to urban planning disputes but also covers cases arising from administrative actions related to military service, as well as cases filed against decisions of regulatory and supervisory agencies. In this context, disputes arising from administrative actions and decisions related to military service involving personnel of the Ministry of National Defense, as well as reserve officers, reserve non-commissioned officers, corporals, and privates, have been centralized in specific administrative courts.
Regarding regulatory and supervisory agencies, a specialization has been envisaged specifically for Ankara. Accordingly, cases regarding decisions of the Capital Markets Board (SPK), the Competition Authority, the Capital Markets Board (KGK), and the Public Procurement Authority will be heard in Ankara Administrative Courts Nos. 10, 13, and 25; while cases regarding decisions of the Radio and Television Supreme Council (RTÜK), the Information and Communications Technologies Authority (BTK), the Energy Market Regulatory Authority (EPDK), the National Debt Management Agency (NDK), and the Personal Data Protection Authority (KVKK) will be heard in Ankara Administrative Courts Nos. 12, 14, and 15. Pursuant to the decision, existing cases will continue to be heard under the old procedure; however, new cases filed on or after June 1, 2026, will be assigned to the designated specialized courts, and cases will no longer be assigned through the general distribution system.
This regulation is significant in terms of enhancing specialization in administrative justice, expediting proceedings, and ensuring consistency in decisions regarding similar disputes.
Law Amending the Social Services Act and Certain Other Laws Published
The Law Amending the Social Services Act and Certain Other Laws was published in the Official Gazette dated May 1, 2026. Accordingly, under the amendments made to the Labor Law No. 4857, the duration of paid leave granted to an employee upon the birth of their spouse’s child has been extended from 5 days to 10 days.
An employee who serves as a foster parent for one or more children, either with their spouse or alone, will also be granted 10 days of unpaid leave upon request, effective from the date the child is actually placed in their care.
Regarding maternity leave, parallel amendments have been made in both labor law and social security legislation. Accordingly, the 8-week period prior to childbirth has been maintained, the post-childbirth maternity leave period has been extended from 8 weeks to 16 weeks, and the total maternity leave period has been revised to 24 weeks. These changes have also been reflected in the protection periods provided under maternity leave in accordance with Law No. 5510 on Social Insurance and General Health Insurance.
Additionally, post-birth leave periods have been similarly extended in regulations concerning public sector employees. Through amendments made to relevant legislation, including the Turkish Armed Forces Personnel Law No. 926, the maternity leave period granted to female personnel has been extended, and the total leave period has been set at twenty-four weeks. Furthermore, new rights have been introduced, such as granting eight weeks of leave in cases of adoption and providing ten days of leave to personnel serving as foster parents starting from the child’s handover.
With a provision added to the Child Protection Law, individuals with final convictions for certain serious crimes are prohibited from operating workplaces where children are concentrated, working in such workplaces, or assuming any role in them, with the aim of strengthening child protection. In this context, it is stipulated that licenses shall not be issued to such individuals for the relevant workplaces based on criminal records and archive records; for existing businesses, the transfer of operations is mandatory; and regarding employees, there is an obligation to present “fit-to-work” certificates based on criminal records and archive records to the employer every six months.
The regulation aims to establish a stricter control mechanism in employment processes involving areas where children are present, and imposes a periodic monitoring obligation on employers regarding the processing of data related to criminal convictions.
Under the regulations concerning digital platforms, social media providers are now required to refrain from providing services to users under the age of 15, establish age verification mechanisms, and provide parental control tools. Measures to separate services intended for children and prevent deceptive advertising have also been included in the regulation.
For gaming platforms, an age rating system, the obligation to maintain a representative in Turkey, and the requirement to submit information and documents to the Information and Communications Technologies Authority (“BTK”) have been introduced. Additionally, BTK’s authorities have been expanded regarding advertising bans, applications to the criminal court of first instance for reducing internet bandwidth, and notification processes for access providers, thereby strengthening the oversight and enforcement mechanisms for digital platforms.
These regulations demonstrate the establishment of a more comprehensive and systematic framework regarding the protection of children, the obligations of digital platforms, and administrative oversight mechanisms.
Comprehensive Changes Made to Public Procurement Legislation
Comprehensive changes have been made to public procurement legislation through regulations published in the Official Gazette dated April 9, 2026, and numbered 33232. The changes cover eligibility criteria, document submission, bid evaluation, and the process for handling abnormally low bids.
It has been stipulated that only the summary of the self-employed income ledger will be accepted as proof of financial eligibility for self-employed professionals; a requirement for data from previous years has been introduced for financial documents to be submitted in certain cases. It has been explicitly stipulated that tender documents may not include technical or document requirements that restrict competition.
It has been made mandatory to submit a document proving the payment of stamp duty in work experience documents; in food tenders, the “Business Registration Certificate” has been adopted in place of the “Food Registry Certificate.” The evaluation of abnormally low bids has been revised to distinguish between primary inputs and labor costs; it is stipulated that bids falling outside the specified percentage range will be rejected, and explanations must be submitted via an electronic form.
Procedures regarding the use of unit prices and market rates in construction works have been clarified, and a new system based on the weighting of work items has been adopted for the scoring of non-price factors. In vehicle rental tenders, the submission of a vehicle list has been made mandatory.
Regulations on Tender Applications and Review Procedures
- The Circular and Regulation amendments regarding application and review processes, along with the objection system, have been reorganized.
- Each tender criterion is treated as a separate objection; however, multiple grounds leading to the same outcome may be grouped under a single objection.
- In the processes related to the submission, evaluation, and finalization of bids, each bidder and each non-compliance is evaluated as a separate claim.
- Explanations for excessively low bids are accepted as a single claim; different non-compliances regarding the same document or bid element are evaluated together.
- The refund of the appeal application fee is determined based on the proportion of the appeal’s merit, and this proportion is explicitly stated in the Board’s decisions.
JUDICIAL DECISIONS
Evaluation by the 9th Civil Chamber of the Court of Cassation Regarding Notice Periods and Service Conditions
The decision of the 9th Civil Chamber of the Supreme Court, No. 2025/9524 E., 2026/756 K., published in the Official Gazette dated April 17, 2026, contains evaluations regarding the exercise of the notice period and the legal consequences of the service of the termination notice.
The dispute centers on whether the notice of termination reached the employee and, consequently, whether the employee is entitled to notice pay. The trial court ruled that the plaintiff was entitled to notice pay; the decision was appealed in the interest of the law.
According to the Court of Cassation, notice pay is only applicable in cases of unlawful termination or termination without granting the notice period. However, if the notice of termination reaches the other party and the notice period is actually utilized, notice pay cannot be claimed. The employee’s refusal to sign does not invalidate the notice, and the notice is deemed valid based on the minutes and witness statements. In the present case, it is established that the notice of termination was intended to be served on the plaintiff, that the plaintiff refused to sign, and that the notice period was observed. Therefore, it was accepted that the plaintiff was aware of the notice and that the process was carried out.
Ultimately, the Court of Cassation found the award of notice pay to be contrary to law on the grounds that the notice period was properly observed and overturned the decision in the interest of the law. The decision establishes that refusing to sign does not invalidate the notice of termination and that notice pay cannot be claimed if the notice period is observed.
Decision of the Supreme Court’s General Assembly on the Assessment of Prime Basic Income
In its decision dated June 8, 2022, No. 2020/(21)10-280 E., 2022/871 K.,, the Supreme Court’s General Assembly of Civil Law evaluated the evidentiary regime applicable in cases regarding the determination of the income subject to social security contributions and the scope of the principle of ex officio investigation.
The dispute concerns the plaintiff’s claim for the determination of his actual salary, based on the allegation that, despite receiving a monthly net salary of 3,500 TL during his tenure as an import-export manager, social security premiums were paid based on a lower salary.
The trial court partially granted the claim by considering the salary previously accepted in a prior case regarding wage claims; however, the Regional Court of Appeal overturned the decision and dismissed the case on the grounds that there was no written evidence.
The General Assembly of the Supreme Court emphasized that, due to the nature of the right to social security as a matter of public order, the principle of ex officio investigation applies in such cases, and the rule requiring proof by document does not apply.
In the specific case, it was noted that, when the plaintiff’s educational background, professional history, and position at the workplace were evaluated together with the wage determined in a previous final court decision, accepting that the plaintiff worked for the minimum wage was inconsistent with the normal course of life. In this context, the decision to uphold the lower court’s ruling was overturned, with the Court stating that a comparative wage investigation must be conducted and a conclusion reached by evaluating all evidence together.
The decision highlights that the absence of written evidence alone is not decisive in cases regarding the determination of income subject to social security contributions; rather, previous judicial decisions and a comparative wage study must be evaluated together, and the importance of considering the proof regime specific to social security law must be taken into account.
Decision of the 9th Civil Chamber of the Supreme Court Regarding the Applicable Law and Public Order Review in Labor Disputes Involving a Foreign Element
The Supreme Court of Appeals, 9th Civil Chamber, in its decision dated February 2, 2026, Case No. 2025/9606 E., Decision No. 2026/716 K., addresses the issue of which law governs the calculation of an employee’s wage claims when working abroad and the evaluation of the application of foreign law within the framework of public policy.
The dispute centers on whether the plaintiff’s seniority and notice period compensation, as well as claims for overtime, weekly rest days, public holidays, and annual leave, should be calculated based on Turkish law or the provisions of foreign law. The trial court partially granted the claim on the grounds that foreign law should apply, while the Regional Court of Appeal dismissed the appeal on its merits.
In the appeal brief, the plaintiff’s counsel argued that Turkish law should apply to the dispute, that the application of foreign law resulted in outcomes detrimental to the employee, and that, in particular, the practice of splitting wages to include overtime and holiday entitlements within the wage itself was contrary to public policy.
The Court of Cassation stated that, as a general rule, the competent foreign law applies to employment relationships involving a foreign element; however, intervention is possible if such law creates a clear conflict with Turkish public policy. In the specific case, it was determined that the contractual provisions and calculations were made within the framework of foreign law, and that there was no clear conflict with public policy.
In accordance with the majority opinion, the Regional Court of Appeal’s decision was upheld. In the dissenting opinion, it was stated that the working hours exceeded the maximum limits under Turkish law, and therefore, Turkish law must be applied in accordance with public policy, and the wage/working hour calculations were erroneous.
Constitutional Court Decision on Workplace Mobbing and Disciplinary Procedures
In its decision dated February 11, 2026, and numbered 2022/24959, the Constitutional Court assessed the right of access to court and the right to a fair trial in the context of the award of attorney’s fees against the plaintiff and the dismissal of the claim for moral damages in a case involving wage claims and a claim for moral damages.
In the lawsuit filed following the termination of the employment contract, the applicant sought severance pay, notice pay, overtime pay, public holiday pay, annual leave pay, and moral damages. The trial court rejected the defense’s argument that the employment contract was terminated for just cause, and awarded severance pay, notice pay, and annual leave pay; furthermore, taking into account the stress and health effects the applicant experienced during the course of employment, it decided to grant a portion of the claim for non-pecuniary damages.
In the appellate review, however, the Regional Court of Appeal, while acknowledging that the grounds for termination advanced by the employer did not constitute just cause, concluded that the actions constituting the claim of mobbing lacked continuity and intensity. Consequently, the claim for moral damages was entirely rejected; however, a partial award was granted regarding the employee’s wage claims.
The applicant argued that the rejection of the claim for moral damages and the award of attorney’s fees against him constituted a violation of the right of access to court and the right to a fair trial.
In its assessment regarding the attorney’s fees, the Constitutional Court noted that the amount in dispute remained at a low level as of the date of the application and that it could not be established that significant harm had been caused to the applicant based on their personal circumstances, and thus found this portion to be “devoid of constitutional and personal significance.”
Regarding the claim for moral damages, the Regional Court of Appeal ruled that there was no evident arbitrariness or obvious error of judgment in its assessment based on the records kept at the workplace, the disciplinary processes, and the course of the employment relationship. The Court accepted that the reasoning regarding the absence of the elements of the mobbing claim was sufficient.
The decision is significant in that it establishes that, while the elements of continuity and intensity must be present in mobbing claims, the employer’s exercise of the right to defend itself and the implementation of disciplinary processes cannot, on their own, be deemed mobbing.
NEWS FROM AROUND THE WORLD
Regulation on the Right to Disconnect in France
Under the labor regulation implemented in France, companies with more than 50 employees are required to establish a written policy regarding electronic communication after working hours. The regulation grants employees the right to refrain from responding to work-related emails and messages outside of working hours and to ignore such communications.
This measure aims to reduce the pressure on employees to be constantly available and to strengthen the work-life balance. Employers are required to clearly define and communicate their expectations regarding after-hours communication and employees’ rights in this regard. However, under the regulation, no criminal penalties are foreseen in the event that an agreement cannot be reached between companies and employees regarding the “right to disconnect.”
Experts highlight that the excessive use of digital communication tools can lead to effects such as disrupted sleep patterns, increased stress levels, and weakened social relationships. Psychologists note that checking work emails outside of working hours negatively impacts employees’ mental rest periods and increases the risk of burnout.
On the other hand, a report published by the French research firm Eleas revealed that more than one-third of employees use digital devices for work purposes outside of working hours, while approximately 60% support legal regulations to limit this practice. Similarly, it is stated that some private companies implement policies restricting the use of corporate devices outside of working hours to enhance employee productivity.
Research on Employees’ Whistleblowing Trends in the United Kingdom
According to a survey conducted by Safecall, 94% of employees in the United Kingdom stated they would report misconduct they encounter at work, while 6% indicated they would never do so under any circumstances. While 53% of participants believe they can remain anonymous during the reporting process, 38% believe they may face negative consequences at work if they report misconduct.
According to the survey, 52% of employees first report misconduct directly to their department managers. However, it is assessed that managers’ lack of adequate training and resources to manage these processes can hinder the effective handling of incidents.
Although 56% of participants believe an independent whistleblowing hotline is more reliable than internal company mechanisms, only 12% indicate they would report an incident through independent reporting channels. In contrast, 65% of employees state that an effective whistleblowing mechanism enhances company culture.
The research reveals that ensuring anonymity and eliminating the fear of negative consequences play a critical role in creating a safe reporting environment.
Meanwhile, it is noted that the Workers’ Rights Act, which came into effect in the United Kingdom in October 2024, includes provisions to strengthen whistleblowing mechanisms, and that the Whistleblower Protection Act is currently under review in Parliament. Experts state that companies should encourage a culture where employees can report safely by establishing independent and anonymous reporting systems.
Germany: Inability to Work and Right to Wages Following Cosmetic Procedures
In a ruling by the German Regional Labor Court (LAG), it was determined that employers are not obligated to pay wages if employees become unable to work due to complications arising from getting a tattoo. The ruling determined that since the employee had consciously chosen the aesthetic procedure and was in a position to foresee the associated health risks, the resulting harm was deemed to stem from the employee’s own negligence.
In the specific case, an employee working as a nursing assistant at a daycare center became unable to work due to a skin infection that developed after getting a tattoo on her arm and documented this situation with a medical certificate of incapacity. However, the employer refused to pay wages, arguing that the situation stemmed from the employee’s own conduct; the employee, in turn, filed a lawsuit, asserting that this should be considered a matter of private life and that the complication was an unforeseeable side effect.
The court, relying on the case law of the German Federal Labor Court (BAG), reiterated the principle that the right to claim wages does not arise if the employee’s own negligence caused the illness. In this context, it was concluded that complications arising from aesthetic procedures—such as tattoos—that do not involve medical necessity fall outside the employer’s scope of liability and that the employee acted with gross negligence.
German Federal Court: Rule Preventing Membership Cancellation Before Netflix Gift Card Balance Is Exhausted Ruled Invalid
The German Federal Court (BGH), in its decision dated April 16, 2026, ruled that a contractual provision restricting the cancellation of a subscription if a Netflix gift card balance remains is invalid. The decision establishes that the practice of preventing users from terminating their subscriptions before the card balance is depleted is contrary to the law.
In the specific dispute, it was determined that Netflix, pursuant to contract provisions included in its general terms and conditions, stipulated that membership cancellation would only be valid once the gift card balance had been fully used; this effectively limited users’ right to use their balances at any time and terminate their membership. Consequently, users were unable to suspend their subscriptions while preserving any unused balance for future use.
The Federal Court reviewed the provision in question under Section 307 of the German Civil Code (BGB) regarding the substantive review of general terms and conditions and declared it invalid on the grounds that it unfairly restricted the consumer. The ruling emphasized that provisions creating an imbalance to the detriment of the consumer and unreasonably restricting the exercise of rights arising from the contract cannot be legally upheld.
On the other hand, the Court determined that the legal nature of the contract between Netflix and the user is not a lease agreement but a type of service contract. This classification is significant for the legal categorization of contracts regarding digital content and subscription services and is considered to guide evaluations of digital service contracts under Section 327 et seq. of the BGB.
COMPLIANCE CORNER
The ECHR Approach to Proportionality in Digital Surveillance at the Workplace and the Processing of Employee Data
As digitalization increases in the workplace, employers’ data processing activities regarding employees are also expanding; this situation has made the legal boundaries of digital surveillance practices within the workplace a significant area of debate under data protection law. Monitoring conducted through corporate email, internet usage logs, location data, access logs, and productivity tools is evaluated within the framework of the fundamental principles of personal data protection.
Under the general data protection regime, employers are obligated to act in accordance with the principles of lawfulness, fairness, transparency, purpose limitation, and data minimization. In this context, surveillance activities must be based on a clear and legitimate purpose, be consistent with employees’ reasonable expectations, and not exceed the bounds of proportionality. Systems involving continuous and comprehensive monitoring, however, are assessed separately for proportionality in each specific case.
In this context, the European Court of Human Rights’ (ECHR) decision in Bărbulescu v. Romania (App. No. 61496/08, GC, 09/05/2017), examined an employer’s monitoring of employee communications via a corporate messaging system and the termination of the employment contract based on such data. In its assessment under Article 8 of the European Convention on Human Rights (ECHR), the Court concluded that there was a violation due to the employee not being sufficiently informed and the intervention being disproportionate. The decision constitutes a landmark precedent regarding notification, the limitation of scope, and the concrete application of the principle of proportionality in workplace surveillance.
Therefore, the employer’s authority for digital surveillance is not unlimited. In practices such as email and device monitoring, prior notification, clear policies, and the explicit definition of data processing conditions are mandatory. Recently, the European legal framework has increasingly emphasized that systems characterized by “constant monitoring” may violate the principle of proportionality, and that a legitimate interest alone may not be sufficient. Accordingly, every data processing activity must be justified through a concrete needs and risk analysis.
In this context, establishing a balanced structure between employee rights and employer interests constitutes the fundamental element of compliance processes.
HUMAN RESOURCES CORNER
Evidentiary Value of Electronic Paystubs and the Probative Value of Time Stamps
Pay stubs transmitted via KEP, e-Government, or internal company portals generally possess the same legal validity as paper pay stubs; however, they contain significant differences regarding evidentiary weight. In this context, the mere fact that pay stubs are sent electronically does not, by itself, constitute a “signed pay stub” unless the employee’s electronic signature or explicit consent is present. For this reason, notifications sent solely via KEP are not accepted as conclusive evidence of the pay stub’s content in the event of a dispute.
At this point, time-stamped systems emerge as a significant alternative evidence mechanism. Thanks to time-stamping, the date the pay stub was created, whether the content was altered afterward, and the secure transmission process to the employee can be reliably recorded. Thus, the integrity and chronology of the pay stub can be proven more robustly.
However, for electronic pay stubs using time stamps to carry stronger evidentiary weight under the law, certain conditions must be met. It is crucial in this context that the employee be clearly informed about the process, be able to approve or reject it through the system, and, if possible, that an electronic signature infrastructure be utilized.
Otherwise, pay stubs sent solely via KEP on a unilateral basis may have limited power to serve as definitive and binding evidence for the employer in disputes. Therefore, electronic pay stub processes must be designed not only for notification purposes but also to include mechanisms for mutual verification and record-keeping.