Clickwrap agreements are online agreements where users agree to the terms by clicking a button. Clicking a button expressing consent is deemed to be acceptance of the terms of the agreement. The most common examples of clickwrap agreements are website terms of use of websites and end-user licences for Services as a Software (SAAS) and […]
Tips on Software as a Service (SAAS) Contracts
Software as a service (SAAS) contracts are different than regular ordinary service agreements or license agreements. To put it simply, software license agreements allow the buyers to copy the software on their devices whereas SAAS contracts allow the users to access the software via a web browser and benefit from it as a service during […]
Amazon Turkey Decision and its implications on data transfers to third countries
The Turkish Personal Data Protection Board (“Board”) adopted a decision regarding Amazon Turkey at the beginning of this year, on the 27th of February (“Amazon Turkey Decision”). Amazon Turkey Decision has touched upon several issues regarding Turkish Data Protection Law but this article focuses only on the sections regarding transfer of personal data to third countries. […]
E-Commerce and the New Commercial Electronic Message Management System Under Turkish Law
What is a commercial electronic message? Regulation on the Commercial Communication and Commercial Electronic Messages published in the Official Gazette dated 15 July 2015 defines commercial electronic messages as “messages with data, voice and image contents which are electronically sent for commercial purposes by using vehicles such as telephone, call centers, fax, automated call systems, […]
Data Processing Agreement (DPA) Under Turkish Data Protection Law
Data controllers who wish to entrust their data processing activity to a third party must appoint such third party as the data processor on behalf of them with a contract. The said contract under which a data controller authorizes a third party to process personal data on their behalf and in accordance with their instructions […]
