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Türkiye's Official Gazette, distilled into plain English daily

2026-06-02 Official Gazette Summary — Issue 33268

Today's Highlights
Labor & Social Security · KURUL KARARI

Principle Decision on Biometric Data Processing for Attendance Tracking

The Personal Data Protection Board has assessed the legality of processing biometric data for attendance tracking and concluded that such methods violate the principle of proportionality. The Board ruled that, due to the inherent power imbalance between employers and employees, "explicit consent" is not a sufficient legal basis for processing biometric data in the workplace. It is mandated that less intrusive methods, such as password-protected cards, PIN systems, traditional sign-in sheets, or RFID/NFC cards, should be preferred for attendance tracking.


Justice & Law · Constitutional Court Decision

Constitutional Court Annuls Liability Exemptions for E-commerce Platforms

The Constitutional Court of Turkey has annulled provisions that exempted intermediary service providers (e-commerce marketplaces) from liability toward consumers for defective goods sold or facilitated through their platforms. The Court held that these provisions violated the constitutional duty to protect consumers and the right to property, as they created an imbalance between the consumer and the marketplace, leaving the former without effective legal recourse. The ruling will take effect nine months after its publication in the Official Gazette.


Foreign Trade & Customs · Constitutional Court Decision

Constitutional Court Annuls Provision on Customs Fines Based on Secondary Legislation

The Constitutional Court of Turkey annulled provisions of Article 241 of the Customs Law No. 4458, which allowed for the imposition of administrative fines based on secondary regulations. The Court held that authorizing the executive branch to define the scope of punishable offenses violates the principles of legality and legal certainty, as protected under Articles 2 and 38 of the Constitution. The Court concluded that the lack of clear statutory definition and the absence of sufficient guarantees for the foreseeability of these administrative acts rendered the provisions unconstitutional.

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Executive & Administration

3

RegulationOther

New Regulation for Anadolu University Open Education Summer School

A new regulation has been enacted to govern the procedures and principles of summer school applications within the Anadolu University Faculty of Open Education. Participation in summer school is optional and takes place after the spring semester. The academic duration is set at a minimum of five weeks, including exams. Grades obtained in summer school contribute to the cumulative grade point average (GPA). Assessment is conducted via a single exam with a 100% impact on the final grade; no makeup exams are permitted. Students are required to pay the summer school tuition fee, and refunds are not provided for registered students if the chosen courses are opened.

Amended Legislation
Change:The Regulation on Summer School of Anadolu University Faculties of Open Education, Economics, and Business Administration, published in the Official Gazette dated 24/4/2019 and numbered 30754, has been repealed.
Anadolu University · Faculty of Open Education · summer school · regulation · higher education
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RegulationOther

Giresun University Technology Transfer Center Regulation Published

The regulation establishes the Technology Transfer Application and Research Center at Giresun University to enhance research visibility, facilitate industry-academia collaboration, manage intellectual property rights, and support commercialization and entrepreneurship initiatives. It defines the organizational structure, duties, and operating procedures of the center.

Giresun University · Technology Transfer · R&D · Entrepreneurship · Intellectual Property
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KURUL KARARILabor & Social Security

Principle Decision on Biometric Data Processing for Attendance Tracking

The Personal Data Protection Board has assessed the legality of processing biometric data for attendance tracking and concluded that such methods violate the principle of proportionality. The Board ruled that, due to the inherent power imbalance between employers and employees, "explicit consent" is not a sufficient legal basis for processing biometric data in the workplace. It is mandated that less intrusive methods, such as password-protected cards, PIN systems, traditional sign-in sheets, or RFID/NFC cards, should be preferred for attendance tracking.

Data Protection · Biometric Data · Attendance Tracking · Labor Law · Proportionality Principle
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Judiciary

4

Constitutional Court DecisionJustice & Law

Constitutional Court Annuls Liability Exemptions for E-commerce Platforms

The Constitutional Court of Turkey has annulled provisions that exempted intermediary service providers (e-commerce marketplaces) from liability toward consumers for defective goods sold or facilitated through their platforms. The Court held that these provisions violated the constitutional duty to protect consumers and the right to property, as they created an imbalance between the consumer and the marketplace, leaving the former without effective legal recourse. The ruling will take effect nine months after its publication in the Official Gazette.

Amended Legislation
Affected legislation: 6502 sayılı Kanun m.48/6; 6563 sayılı Kanun m.9/1
Resultannulled
Decision typejudicial review
Constitutional Court · E-commerce · Intermediary Service Provider · Defective Goods · Consumer Protection
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Constitutional Court DecisionEducation

Constitutional Court Ruling on Restructuring of Overseas Education Indemnity Debts

The Constitutional Court of Turkey examined the constitutionality of Article 10, paragraph 28 of Law No. 7440, which governs the restructuring of indemnity debts for students sent abroad under Law No. 1416. The Court evaluated claims that the provision, which precludes the recovery of litigation costs proportional to the waived debt in cases of restructuring, violated the right to access a court and the principle of the rule of law. The Court concluded that the restructuring process is voluntary, the waiver of costs by the administration is a legislative prerogative, and the provision does not hinder the right to access a court; therefore, the appeal for annulment was unanimously rejected.

Amended Legislation
Affected legislation: 7440 sayılı Kanun m.10/28
Resultrejected
Decision typejudicial review
Constitutional Court · Law No. 7440 · Overseas education · Indemnity debt · Right to access a court
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Constitutional Court DecisionForeign Trade & Customs

Constitutional Court Annuls Provision on Customs Fines Based on Secondary Legislation

The Constitutional Court of Turkey annulled provisions of Article 241 of the Customs Law No. 4458, which allowed for the imposition of administrative fines based on secondary regulations. The Court held that authorizing the executive branch to define the scope of punishable offenses violates the principles of legality and legal certainty, as protected under Articles 2 and 38 of the Constitution. The Court concluded that the lack of clear statutory definition and the absence of sufficient guarantees for the foreseeability of these administrative acts rendered the provisions unconstitutional.

Amended Legislation
Affected legislation: 4458 sayılı Kanun m.241
Resultannulled
Decision typejudicial review
Customs Law · administrative fine · principle of legality · legal certainty · Constitutional Court
Read in the Official Gazette →

Constitutional Court DecisionJustice & Lawfirst+last pages · 31 pp.

Constitutional Court Ruling on the Right to a Fair Trial

The applicant alleged a violation of the right to a fair trial, noting that while their conviction for fraud had become final, the appellate process for the related charge of membership in a terrorist organization remained ongoing. The Constitutional Court found that the disparate procedural outcomes and finality statuses between interconnected offenses created a risk of conflicting judicial rulings, thereby undermining legal certainty and the right to a fair trial. The Court ruled that the applicant's right to a fair trial was violated and ordered a retrial to remedy the consequences of the violation.

Amended Legislation
Resultviolation found
Decision typeindividual application
Rights categoryRight to a fair trial
Fair Trial · Constitutional Court · Individual Application · Legal Certainty · Procedural Fairness

⚠ Document too long (31 pages); summary generated from first and last pages.

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