Best Outsourcing Lawyers in Erenler

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Sakarya Avukat Turan & Karakoç Avukatlık Ofisi
Erenler, Turkey

Founded in 2018
15 people in their team
Turkish
Sakarya Avukat TURAN & KARAKOÇ Avukatlık Ofisi Av. Mehmet Ali TURAN ve Av. Murat KARAKOÇ tarafından kurulmuştur. Sakarya’da Avukat olarak sahip olduğumuz kurumsal ve profesyonel çalışma anlayışı ile başta Sakarya’da Boşanma Avukatı,...
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1. About Outsourcing Law in Erenler, Turkey

Outsourcing, or dış kaynak kullanımı, is a common practice in Erenler for delivering non core activities through a service provider. The legal framework is national and applies across all districts in Turkey, including Erenler in Sakarya Province. The core idea is to contract a specialized firm to perform certain functions while the client company remains responsible for supervision, compliance and overall control of the outsourced work.

In Turkey, outsourcing arrangements must align with labour law, contract law and data protection rules. Contracts should clearly define scope, performance standards, confidentiality, data handling and remedies for breaches. Local businesses often rely on counsel to tailor service agreements to local practices while ensuring compliance with national standards.

Key sources for the statutory framework include the Turkish Labour Law, public procurement rules for outsourcing to the public sector, and data protection regulations for processing personal data by service providers. These rules influence how contracts are drafted, how risk is allocated and how disputes are resolved.

2. Why You May Need a Lawyer

  • You need to structure an outsourcing agreement that avoids misclassification of workers and complies with employment law in Turkey.
  • You are negotiating service levels, performance metrics, and remedies for under performance by a provider that will impact your operations in Erenler.
  • You must ensure data protection requirements under KVKK are met when outsourced processes involve personal data of customers or employees.
  • You are bidding for a municipal or provincial outsourcing contract in Sakarya and require contract language that satisfies public procurement rules.
  • You want to draft a data processing agreement and a cross border data transfer plan with a Turkish service provider.
  • You face a dispute with an outsourcing partner over fees, deliverables, or termination terms and need local dispute resolution guidance.

3. Local Laws Overview

The outsourcing framework in Erenler relies on national Turkish law. The most relevant statutes include the following, which apply nationwide and to Erenler residents alike:

  • Law No. 4857 - İş Kanunu (Turkish Labour Law) governs employment relationships, subcontracting practices and worker rights in Turkey. It affects how outsourcing relationships are structured, including obligations around wages, working conditions and termination.
  • Law No. 4734 - Kamu İhale Kanunu (Public Procurement Law) regulates outsourcing undertaken by public entities, including bidding procedures, contract terms and transparency standards. Municipalities in Sakarya, including Erenler, follow this framework for public sector outsourcing.
  • Law No. 6698 - KVKK (Personal Data Protection Law) governs processing of personal data in outsourcing arrangements, requiring data processing agreements, data security measures and transfer controls. Service providers handling Turkish personal data must comply with KVKK requirements.

Recent trends include increased emphasis on data protection in outsourcing and greater scrutiny of subcontracting chains in public procurements. For public sector outsourcing, all transactions are typically routed through the EKAP platform and overseen by the Kamu İhale Kurumu (Public Procurement Authority).

KVKK emphasizes data controllers and processors must ensure lawful processing, safeguarding personal data in outsourcing relationships.
Public procurement activities, including outsourcing for public bodies, are implemented via the EKAP system under the Public Procurement Law.

Useful official resources for exploring these laws include Mevzuat.gov.tr for the texts of the laws, KVKK for data protection guidance, and Kik.gov.tr for public procurement information. See the links in the Additional Resources section for direct access.

4. Frequently Asked Questions

What is outsourcing law in Erenler, Turkey and who enforces it?

Outsourcing law covers how a business hires a service provider to perform non core activities. It is enforced by Turkish courts and overseen by national agencies such as the Ministry of Labour and Social Security and the Public Procurement Authority for public sector contracts. Local disputes in Erenler may be heard in Sakarya Province courts depending on contract terms and jurisdictional rules.

How does outsourcing interact with Turkish Labour Law?

Labour Law governs employee rights, wage obligations and the possibility of indirect employment through subcontractors. Outsourcing agreements must not undermine worker protections and must include clear terms on liability, payroll responsibilities and supervision. Counsel helps ensure compliance with Article 2 and related provisions in practice.

When should I consult a lawyer for outsourcing in Erenler?

Consult before signing the first service agreement or modifying an existing contract. In addition, obtain counsel if you plan to hire a Turkish service provider for sensitive data handling or if the arrangement involves core business activities. Early review reduces breach risk and improves enforceability.

Where are outsourcing disputes heard in Erenler or Sakarya?

Disputes may be resolved in Turkey’s civil courts or via arbitration, depending on contract terms. If the matter involves public procurement, disputes may follow specific administrative pathways. Your lawyer can advise on the best forum based on contract clauses and the dispute's nature.

Why should I hire a local Erenler-based lawyer for outsourcing matters?

A local lawyer understands district business practices and court procedures in Sakarya. They can tailor contracts to Turkish standards, liaise with local authorities and expedite dispute resolution in appropriate venues. Local familiarity helps anticipate regulatory nuances that impact Erenler businesses.

Can outsourcing involve data protection requirements under KVKK?

Yes. KVKK requires data controllers and processors to implement appropriate safeguards and to execute data processing agreements. If personal data moves to an outsourcing partner, a proper KVKK compliant contract is essential. A lawyer can help draft the necessary provisions.

Should I use a service contract for outsourcing in Turkey?

Yes. A service contract clarifies scope, performance standards, payment terms and remedies. It should address confidentiality, data handling, subcontracting rights, termination rights and liability caps. Without it, liability and performance risk can be unclear.

Do I need a Turkish tax advisor in outsourcing?

Yes. Outsourcing often affects value added tax and payroll taxes. A tax advisor ensures proper withholding, invoicing and tax reporting. This reduces the risk of penalties from the Turkish tax authorities.

Is outsourcing allowed for core activities in Turkey?

Outsourcing of core activities is possible only under carefully structured arrangements. Turkish law typically requires clear delineation between core activities and outsourced services, ensuring the client retains control and accountability. A detailed contract helps prevent dispute about core vs non core tasks.

How long does it take to draft an outsourcing agreement in Erenler?

Typically 2 to 6 weeks depending on scope, number of parties and data protection provisions. A straightforward agreement with standard terms may be ready in 2 weeks, while complex arrangements involving cross border data transfers or public procurement rules may take longer.

What is the difference between manpower outsourcing and service outsourcing?

Manpower outsourcing involves providing workers who perform tasks at the client’s site, while service outsourcing delivers a specific service from an external provider. Both require careful contract terms, but the worker relationship and liability structures differ significantly under Turkish law.

How much does outsourcing legal counsel cost in Erenler?

Costs vary by complexity and provider. Expect hourly rates for corporate counsel or fixed-fee packages for standard contract reviews. Your budget should include document drafting, negotiations and potential litigation support if disputes arise.

5. Additional Resources

  • Mevzuat.gov.tr - Official Turkish legislation portal with texts for Labour Law, Public Procurement Law and related regulations. https://mevzuat.gov.tr
  • KVKK - Official Data Protection Authority for Turkey, with guidance on KVKK compliance, data processing agreements and cross border transfers. https://kvkk.gov.tr
  • Kamu İhale Kurumu (KIK) - Public Procurement Authority, guidance on tendering, procurement procedures and EKAP platform for public sector outsourcing. https://www.kik.gov.tr

6. Next Steps

  1. Define the outsourcing objective and list all functions to be outsourced, including data handling needs.
  2. Collect existing contracts, service level agreements, and any public procurement requirements relevant to the plan.
  3. Identify potential Turkish lawyers or law firms with expertise in labour law, contract law and data protection.
  4. Schedule consultations to discuss scope, timelines, fees and approach to risk management in Erenler.
  5. Ask for a written engagement letter outlining services, deliverables, rates and a plain language explanation of risk areas.
  6. Have the lawyer review or draft the outsourcing agreement, data processing agreements and any public procurement documents.
  7. Sign the retainer and implement ongoing compliance checks for labour, procurement and KVKK requirements.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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