TÜRKIYE
Since November 2008, as amended in January 2015
Pillar Cross-border data policies |
Indicator Conditional flow regime
Electronic Communications Law No. 5809 (5809 sayılı Elektronik Haberleşme Kanununun)
Art. 51 of the Electronic Communications Law stipulates that the transfer of traffic and location data abroad is permitted with the data subject's explicit consent.
Coverage Electronic communications sector
TÜRKIYE
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Türkiye has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
TÜRKIYE
Since April 2016, last amended in June 2024
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Law No. 6698 (6698 sayılı Kişisel Verilerin Korunması Kanunu)
The Personal Data Protection Law establishes a comprehensive data protection regime in Türkiye. It provides for the establishment of the Personal Data Protection Authority (KVKK) and the Data Protection Board as the bodies entrusted with supervisory and enforcement functions. Within the institutional structure of the KVKK, the Board functions as its decision‑making organ, whereas the KVKK itself predominantly fulfils administrative duties. The KVKK is constituted as an independent regulatory authority with institutional and financial autonomy and is mandated both to ensure the protection of personal data and to promote awareness in this area.
Coverage Horizontal
TÜRKIYE
Since June 2013, as amended in March 2015, last amended in June 2020
Pillar Domestic data policies |
Indicator Minimum period for data retention
Law No. 6493 on Payments and Security Settlement Systems, Payment Services and Electronic Money Institutions (Ödeme ve Menkul Kıymet Mutabakat Sistemleri, Ödeme Hizmetleri ve Elektronik Para Kuruluşları Hakkında Kanun - Kanun Numarası: 6493)
Art. 23 of Law No. 6493 requires that "the system operator, payment institution and electronic money institution shall be required to keep all the documents and records related to the matters within the scope of this Law for at least ten years within the country, in a secure and accessible manner". The article also specifies that "The information systems and their substitutes, which are used by the system operator to carry out its activities shall also be kept within the country".
Coverage E-money institutions and payment services providers
Sources
- https://web.archive.org/web/20230607082104/http://www.tcmb.gov.tr/wps/wcm/connect/3deb8069-ce8d-4ba7-a31d-e075259aa60a/6493_eng.pdf?MOD=AJPERES&CACHEID=ROOTWORKSPACE3deb8069-ce8d-4ba7-a31d-e075259aa60...
- https://web.archive.org/web/20240425015103/https://www.tcmb.gov.tr/wps/wcm/connect/de4fb4cc-19c4-47fe-a9cb-9ef0397a8923/Payment+Systems+Law.pdf?MOD=AJPERES&CACHEID=ROOTWORKSPACE-de4fb4cc-19c4-47fe-a9c...
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
TÜRKIYE
Since June 2003
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Foreign Direct Investment Law No. 4,875 (4875 Sayılı Doğrudan Yabancı Yatırımlar Kanunu)
According to Art. 3 (a) of the Foreign Direct Investment Law, full foreign ownership is allowed. Unless stipulated by international agreements or other special laws, foreign investors are free to make investments and shall be subject to equal treatment as domestic investors.
Coverage Horizontal
Sources
TÜRKIYE
Since 2019
Since October 2014, entry into force in May 2015
Since July 1956
Since October 2014, entry into force in May 2015
Since July 1956
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Regulation on the Presentation of Radio, Television and On-Demand Broadcasts on the Internet (Radyo, Televizyon ve İsteğe Bağlı Yayınların İnternet Ortamından Sunumu Hakkında Yönetmelik)
Law No. 6563 on E-Commerce Regulation (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun 6563)
Turkish Commercial Code No. 6102 (6102 sayılı Türk Ticaret Kanunu)
Law No. 6563 on E-Commerce Regulation (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun 6563)
Turkish Commercial Code No. 6102 (6102 sayılı Türk Ticaret Kanunu)
As of 2019, online media service providers, including on-demand service providers, must obtain a new license for online broadcasting and must be established in Türkiye in accordance with the provisions of the Turkish Commercial Code.
Coverage Online media
Sources
- https://web.archive.org/web/20220306073811/https://www.resmigazete.gov.tr/eskiler/2019/08/20190801-5.htm
- https://web.archive.org/web/20230319084211/http://www.mevzuat.gov.tr/MevzuatMetin/1.5.6563.pdf
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=all&d2c=tur
- https://web.archive.org/web/20230324183915/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/tr/tr021en.pdf
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TÜRKIYE
Since June 2013, last amended in June 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Law No. 6493 on Payments and Security Settlement Systems, Payment Services and Electronic Money Institutions (Ödeme ve Menkul Kıymet Mutabakat Sistemleri, Ödeme Hizmetleri ve Elektronik Para Kuruluşları Hakkında Kanun - Kanun Numarası: 6493)
E-money and e-payment service providers must be licensed by the Central Bank of Türkiye in order to operate in Türkiye. Furthermore, e-money institutions and payment service providers are required to establish their Turkish entities and localise their Turkish businesses by June 2015. The conditions and procedures for foreign payment service providers who wish to provide payment services in Türkiye are currently under review.
Coverage Foreign e-payment and e-money services
Sources
- https://web.archive.org/web/20150820193202/https://www.lexology.com/library/detail.aspx?g=edcce500-f947-4369-9bc6-ba9329295f60
- https://web.archive.org/web/20201019214233/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6493.pdf
- https://web.archive.org/web/20230805084245/https://ms.hmb.gov.tr/uploads/2020/12/ODEME-ve-ELEKTRONIK-PARA-KURULUSLARI-Sektor-arastirma-raporu-2020.pdf
- https://web.archive.org/web/20231207172735/https://www.tcmb.gov.tr/wps/wcm/connect/TR/TCMB+TR/Main+Menu/Temel+Faaliyetler/Odeme+Hizmetleri/Genel+Bakis
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TÜRKIYE
Since June 1995, amended in November 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Decree Law No. 551 on the Protection of Patent Rights (551 Patent Haklarının Korunması Hakkında Kanun Hükmünde Kararname)
According to Art. 171. b of the Decree-law No.551, patent agents entered in the records of the Turkish Patent Institute have the capacity to act before the Institute. The persons domiciled abroad have to be represented by patent agents.
Coverage Horizontal
TÜRKIYE
Since October 1995, entry into force in January 1996
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Türkiye is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
TÜRKIYE
Since December 1951, last amended in June 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 5846 on Intellectual and Artistic Works (5846 sayılı Fikir ve Sanat Eserleri Kanunu)
Türkiye has a copyright regime under Law No. 5846 on Intellectual and Artistic Works. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 30-37 list the exceptions, which include the use of the work before the court and other government offices for its proof and as the subject of a proceeding in the absolute security and penalty procedures; the inclusion of some parts of the intellectual and artistic works in the media used for sign, sound or image transmission in relation to daily events, provided that these have the characteristics of an interview; among others.
Coverage Horizontal
