The questions below offer a general framework on customer lists, non-compete obligations, misleading advertising and the protection of trade secrets. In a specific case, the time limits, the documents and the regulations in force are assessed separately.
Showing 1–4 of 4 questions
Can a former employee use the company’s customer list?
The nature of customer lists and the manner in which they were obtained are assessed under the provisions on trade secrets, contracts and personal data.
Not every piece of general customer information is automatically a trade secret. The confidentiality of the information, the measures taken to protect it, the employee’s obligations and the evidence of actual use are important.
Does a non-compete agreement bind an employee who has left the job without limit?
No; there are limits of proportionality in terms of duration, place and activity.
Within the framework of Articles 444–447 of the Turkish Code of Obligations, the employee’s access to the customer circle or production secrets, the possibility of significant harm to the employer and the scope of the prohibition are examined. Excessive restrictions may be narrowed by the judge.
What rights can be exercised against a competitor’s misleading advertising?
If the conditions are met, claims for a declaration of unfair competition, for its prohibition, for correction and for compensation may be considered.
Under Article 54 of the Turkish Commercial Code and the following articles, the concrete falsity of the advertisement, its effect on the target audience and the commercial harm are investigated. Proper documentation of the advertisement images and dated digital records is important.
How can the sharing of secrets on social media by a company employee be proved?
It must be shown with evidence that the post was in fact made by the person concerned and that it has the nature of a secret.
The original links, posting times, scope of access, company policies and confidentiality obligations are examined together. Using the contents of private accounts obtained unlawfully creates additional risk.