TÜRKIYE
Since January 2018
Since February 2019
Since February 2019
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Decision No. 2018/DK-YED/27 (Karar No 2018/DK-YED/27)
Decision No. 2019/DK-TED/053 (Karar No 2018/DK-YED/27)
Decision No. 2019/DK-TED/053 (Karar No 2018/DK-YED/27)
According to Decision No. 2018/DK-YED/27, the emergency call (eCall) in vehicles, along with servers that provide the communication system allowing for value-added services, are to be located in Türkiye, and personal data in such systems cannot be transferred abroad without explicit consent. To achieve this, it is mandatory for the SIM cards, electronic SIMs (eSIMs) or modules having SIM card properties to be procured from operators licensed to provide mobile electronic communication in Türkiye or to be programmable to allow them to be controlled by such operators.
With Decision No. 2019/DK-TED/053, the localisation requirements are no longer limited to eCall services only, encompassing all eSIM applications. Moreover, all infrastructure, system and storage units, including equipment and software related to the eSIM platform in GSMA standards, shall be established in Türkiye by a licensed local operator (or by a third party to be appointed by such local operators, but liability remaining with the local operator). The decision also states that all data should be kept within Turkish borders. Moreover, where the devices manufactured to be used in Türkiye or imported to the country have remotely programmable SIM (eUICC, eSIM/embedded SIM, etc.) technologies, their relevant modules are expected to be programmable only by local mobile operators and only local mobile operator profiles may be installed.
With Decision No. 2019/DK-TED/053, the localisation requirements are no longer limited to eCall services only, encompassing all eSIM applications. Moreover, all infrastructure, system and storage units, including equipment and software related to the eSIM platform in GSMA standards, shall be established in Türkiye by a licensed local operator (or by a third party to be appointed by such local operators, but liability remaining with the local operator). The decision also states that all data should be kept within Turkish borders. Moreover, where the devices manufactured to be used in Türkiye or imported to the country have remotely programmable SIM (eUICC, eSIM/embedded SIM, etc.) technologies, their relevant modules are expected to be programmable only by local mobile operators and only local mobile operator profiles may be installed.
Coverage eSIM applications
Sources
- https://web.archive.org/web/20230328191549/https://www.btk.gov.tr/uploads/boarddecisions/112-tabanli-arac-ici-acil-cagri-sistemi-e-call/027-05-112-tabanli-arac-ici-acil-cagri-sistemi-e-call-22-01-2018...
- https://web.archive.org/web/20230206152648/https://www.btk.gov.tr/uploads/boarddecisions/uzaktan-programlanabilir-sim-teknolojileri-esim/053-2019-web.pdf
- https://web.archive.org/web/20241203214650/https://www.mondaq.com/turkey/telecoms-mobile--cable-communications/1054068/turkey-has-introduced-its-national-esim-technology-but-why-is-it-important
- https://web.archive.org/web/20231210005618/https://www.dataguidance.com/notes/turkey-data-transfers
- https://web.archive.org/web/20231226161832/https://www.lexology.com/library/detail.aspx?g=f3ab713c-e76e-4006-ab83-6276e1aa9d64
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TÜRKIYE
Since April 2021
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Regulation on Electric Scooters (Elektrikli Skuter Yönetmeliği)
Art. 8 of the Regulation on Electric Scooters stipulates that the servers hosting databases related to e-scooter operations must be located within the territory of the Republic of Türkiye and must provide unrestricted access to the competent Authority.
Coverage Electric scooter service providers
TÜRKIYE
Since July 2019
Since July 2020
Since July 2020
Pillar Cross-border data policies |
Indicator Local storage requirement
Presidential Circular on Information and Communication Security Measures No. 2019/12 (2019/12 Sayılı Cumhurbaşkanlığı Bilgi ve İletişim Güvenliği Tedbirleri Genelgesi)
Information and Communication Security Guide (Bilgi ve İletişim Güvenliği Rehberi)
Information and Communication Security Guide (Bilgi ve İletişim Güvenliği Rehberi)
According to Art. 1 of Circular 2019/12, critical information and data, including population statistics, health and communication records, as well as genetic and biometric data, must be securely stored within the territory of Türkiye. It is reported that it is generally understood that Art. 1 does not constitute a prohibition on cross-border data transfers; rather, it is interpreted primarily as imposing an obligation to maintain a domestic backup of the relevant data to ensure accessibility. Similarly, Section 4.3.1.1 of the Information and Communication Security Guide underscores the necessity of domestic storage of critical data when utilising cloud services.
Circular 2019/12 and the accompanying Guide are directed at public institutions and providers of critical infrastructure services across a range of sectors, including telecommunications and electronic communications, water management, energy, essential public services such as healthcare, transportation, banking, and finance. The Guide defines critical infrastructure as systems whose compromise, through breaches of confidentiality, integrity, or availability, could result in large-scale harm, national security vulnerabilities, or significant disruption to public order.
Circular 2019/12 and the accompanying Guide are directed at public institutions and providers of critical infrastructure services across a range of sectors, including telecommunications and electronic communications, water management, energy, essential public services such as healthcare, transportation, banking, and finance. The Guide defines critical infrastructure as systems whose compromise, through breaches of confidentiality, integrity, or availability, could result in large-scale harm, national security vulnerabilities, or significant disruption to public order.
Coverage Public sector and critical infrastructure
Sources
- https://web.archive.org/web/20241125195642/https://cbddo.gov.tr/en/presidential-circular-no-2019-12-on-information-security-measures
- https://web.archive.org/web/20240524103651/https://cbddo.gov.tr/SharedFolderServer/Genel/File/bg_rehber.pdf
- https://web.archive.org/web/20250901153145/https://www.lexology.com/library/detail.aspx?g=e132f92b-6691-45f8-a24c-3beef84be555
- https://web.archive.org/web/20250901154923/https://resourcehub.bakermckenzie.com/en/resources/global-data-and-cyber-handbook/emea/turkiye/topics/data-localization-and-regulation-of-non-personal-data
- https://www.dataguidance.com/notes/turkey-data-transfers
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TÜRKIYE
Since July 2019
Since July 2020
Since July 2020
Pillar Cross-border data policies |
Indicator Local storage requirement
Presidential Circular on Information and Communication Security Measures No. 2019/12 (2019/12 Sayılı Cumhurbaşkanlığı Bilgi ve İletişim Güvenliği Tedbirleri Genelgesi)
Information and Communication Security Guide (Bilgi ve İletişim Güvenliği Rehberi)
Information and Communication Security Guide (Bilgi ve İletişim Güvenliği Rehberi)
Art. 3 of Circular 2019/12 stipulates that data relating to public institutions and organisations may not be stored on cloud services, except where such services are operated by the institution itself or by local service providers under its control. It is reported that it is generally understood that Art. 3 does not constitute a prohibition on cross-border data transfers; rather, it is interpreted primarily as imposing an obligation to maintain a domestic backup of the relevant data to ensure accessibility.
Coverage Public sector
Sources
- https://web.archive.org/web/20241125195642/https://cbddo.gov.tr/en/presidential-circular-no-2019-12-on-information-security-measures
- https://web.archive.org/web/20240524103651/https://cbddo.gov.tr/SharedFolderServer/Genel/File/bg_rehber.pdf
- https://web.archive.org/web/20250901153145/https://www.lexology.com/library/detail.aspx?g=e132f92b-6691-45f8-a24c-3beef84be555
- https://web.archive.org/web/20250901154923/https://resourcehub.bakermckenzie.com/en/resources/global-data-and-cyber-handbook/emea/turkiye/topics/data-localization-and-regulation-of-non-personal-data
- https://www.dataguidance.com/notes/turkey-data-transfers
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TÜRKIYE
Reported in 2022, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported high levels of online piracy
It is reported that stakeholders encounter high levels of online piracy.
Coverage Horizontal
TÜRKIYE
Since August 2008, entry into force since November 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Türkiye has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
TÜRKIYE
Since August 2008, entry into force since November 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Türkiye has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TÜRKIYE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Türkiye lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Trade secrets can be protected under the Unfair Competition Provisions of the Turkish Commercial Code and the Turkish Criminal Code No. 5237. Art. 56 of the Commercial Code allows persons who have suffered damages or who may be exposed to the risk of such damage to apply to the competent court for the following:
- Declare whether the defendant's action is unfair;
- Prevent unfair competition;
- Removal of the material condition caused by the action of unfair competition; rectification of statements if wrong or misleading statements commit the unfair competition; and destruction of the means used in the unfair competition action, provided that it is unavoidable to prevent the infringement;
- In the case of a faulty action for compensation of damages, there is a reference to the conditions set forth by Art. 58 of the Turkish Code of Obligations.
- Declare whether the defendant's action is unfair;
- Prevent unfair competition;
- Removal of the material condition caused by the action of unfair competition; rectification of statements if wrong or misleading statements commit the unfair competition; and destruction of the means used in the unfair competition action, provided that it is unavoidable to prevent the infringement;
- In the case of a faulty action for compensation of damages, there is a reference to the conditions set forth by Art. 58 of the Turkish Code of Obligations.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230717072214/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6102-20130328.pdf
- https://web.archive.org/web/20230324183915/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/tr/tr021en.pdf
- https://cms.law/en/int/expert-guides/cms-expert-guide-to-trade-secrets/turkey
- https://web.archive.org/web/20190724103103/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/669207/Intellectual_Property_rights_in_Turkey.pdf
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TÜRKIYE
Reported in 2017, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that passive infrastructure sharing in Türkiye to deliver telecom services to end users is mandated, and it is practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
TÜRKIYE
Reported in 2022, last reported in 2026
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government maintains substantial shareholdings in various telecommunications companies. Regarding Türk Telekom, 60% of the shares are owned by the Türkiye Wealth Fund and 25% by the Ministry of Treasury and Finance, together accounting for 85% government ownership. Separately, Turkcell represents another company in the sector, in which the Türkiye Wealth Fund owns 26.2% of the shares.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260208120034/https://www.turktelekom.com.tr/en/about-us/details?p=tab8
- https://web.archive.org/web/20260417110721/https://developingtelecoms.com/telecom-business/operator-news/13115-turkey-wealth-fund-acquires-55-share-in-turk-telekom.html
- https://web.archive.org/web/20260417112409/https://www.turkcell.com.tr/en-en/about-us/investor-relations/corporate-governance/shareholder-structure/detail
- https://web.archive.org/web/20260417112551/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S439R1.pdf&Open=True
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TÜRKIYE
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Türkiye does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required. SMP operators having accounting separation obligations in relevant markets prepare accounting separation reports annually.
Coverage Telecommunications sector
TÜRKIYE
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Türkiye has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc88.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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TÜRKIYE
Reported in 2022, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Complaints on public procurement
It is reported that, although Turkish procurement law requires contracting authorities to give due consideration to best value for money, the vast majority of tenders are awarded on the basis of the lowest bid price, a practice which, in the procurement of highly technical goods or services, may exclude firms with the greatest capacity and expertise, including foreign companies that often offer a wider range of services, lower life‑cycle costs, and higher-quality products; moreover, additional features of the Turkish procurement system significantly restrict the participation of foreign firms, as the mandatory use of standardised model contracts limits their ability to submit proposals fully tailored to the specific requirements of procuring authorities, while foreign companies, including those operating through Turkish subsidiaries, have reported persistent difficulties in meeting extensive and onerous documentation requirements imposed by contracting agencies.
Coverage Horizontal
TÜRKIYE
Since November 2008
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Electronic Communication Law No. 5809 (Elektroni̇k haberleşme kanunu)
According to Electronic Communication Law No. 5809, the executive authority for the supervision and administration of services in the telecommunications sector in Türkiye is the Information and Communication Technologies Authority. It is reported that the Information and Communication Technologies Authority is independent from the government in the decision-making process.
Coverage Telecommunications sector
TÜRKIYE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Türkiye is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1996.
Coverage Horizontal
