TÜRKIYE
Since May 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Notification No. 2020/6 on Import Surveillance (İthalatta Gözetim Uygulamasına İlişkin Tebliğ (Tebliğ No: 2020/6))
According to the Notification No. 2020/6 on Import Surveillance of May 2020, the Turkish Ministry of Trade issued a licensing requirement on the imports of mobile phones.
Coverage Mobile phones
TÜRKIYE
Since October 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Notification on Implementation of Tariff Quota in Imports of Printed Circuit Boards with LED Diodes used in the Production of Backlight Units (Arka Isik Ünitelerinin Imalinde Kullanilan LED Diyotlu Baskili Devre Kartlarinin Ithalatinda Tarife Kontenjani Uygulanmasi Hakkinda Karar)
According to the Communiqué on Implementation of Tariff Quota in Imports of Printed Circuit Boards with LED Diodes Used in the Production of Backlight Units, in October 2014, the government of Türkiye announced an altered import quota on printed circuit boards with LEDs used in the production of backlight units.
Coverage LED-printed circuit boards
TÜRKIYE
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs
It is reported that Turkey's documentation requirements for many imports are burdensome, inconsistent, and non-transparent, often causing shipments to be delayed at Turkish ports. Additionally, the Ministry of Trade periodically imposes tracking and monitoring stipulations for certain imports, which include a cumbersome registration process and an annual re-registration requirement, with no helpline or informational service to guide exporters through the registration process.
Coverage Horizontal
TÜRKIYE
Reported in 2021
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Companies exporting to the Turkish market must submit evidence of conformity with the European standards (CE Mark) either by providing a notarised conformity certificate from a notified body or a manufacturer’s issued certificate of conformity, which declares compliance with all relevant directives. For products falling outside of the scope of the EU directives and where the Government of Türkiye has established a directive or standard, the current standard or directive would apply.
Coverage Electronic products
Sources
- https://web.archive.org/web/20210919041233/https://www.trade.gov/knowledge-product/turkey-standards-trade
- https://web.archive.org/web/20220122012942/https://2016.export.gov/turkey/doingbusinessinturkey/turkishstandardscemark/index.asp
- https://www.mevzuat.gov.tr/File/GeneratePdf?mevzuatNo=11020&mevzuatTur=Teblig&mevzuatTertip=5
- https://web.archive.org/web/20230529012039/https://www.resmigazete.gov.tr/eskiler/2019/12/20191227M1-8.htm
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TÜRKIYE
Since May 2007, last amended in October 2022
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting (5651 sayılı İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yaynlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun)
The Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications (Internet Law) establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 4 of the law, a content provider is not responsible for the link to the content that belongs to someone else. However, if it is clear from the format of the presentation that the content in question it links to is embraced and intended to be reachable, the content provider is responsible according to the general provisions. Furthermore, hosting providers are only liable for removing unlawful content that they host, provided that they are notified, pursuant to Articles 8 and 9 of the Internet Law, that is, ensuring that they act according to a notice-and-takedown procedure.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230222140802/https://mbkaya.com/turkish-internet-law/
- https://web.archive.org/web/20220107233819/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5651.pdf?dil=tr-TR
- https://www.sciencedirect.com/science/article/abs/pii/S0267364916300838?fr=RR-2&ref=pdf_download&rr=912601e6ad16ea5d
- https://web.archive.org/web/20171213010147/http://cyberlaw.stanford.edu/page/wilmap-turkey
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TÜRKIYE
Since May 2007, last amended in October 2022
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting (5651 sayılı İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yaynlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun)
The Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 4 of the law, a content provider is not responsible for the link to the content that belongs to someone else. However, if it is clear from the format of the presentation that the content in question it links to is embraced and intended to be reachable, the content provider is responsible according to the general provisions.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230222140802/https://mbkaya.com/turkish-internet-law/
- https://web.archive.org/web/20220107233819/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5651.pdf?dil=tr-TR
- https://www.sciencedirect.com/science/article/abs/pii/S0267364916300838?fr=RR-2&ref=pdf_download&rr=912601e6ad16ea5d
- https://web.archive.org/web/20171213010147/http://cyberlaw.stanford.edu/page/wilmap-turkey
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TÜRKIYE
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Türkiye imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card. In addition, SIM cards cannot be activated without biometric identification
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230110224321/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20230927020214/https://freedomhouse.org/country/turkey/freedom-net/2021#footnote3_4cnpza8
- https://web.archive.org/web/20230328191244/https://www.mondaq.com/turkey/new-technology/811422/turkey39s-btk-imposes-data-localization-requirements-on-e-sim-technologies
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
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TÜRKIYE
Since July 2014
Since June 2013, as amended in March 2015, last amended in June 2020
Since October 2005, as amended in February 2020
Since June 2013, as amended in March 2015, last amended in June 2020
Since October 2005, as amended in February 2020
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Regulation on Internal Systems and Internal Capital Adequacy Assessment Process of Banks (Bankaların İç Sistemleri ve İçsel Sermaye Yeterliliği Değerlendirme Süreci hakkında Yönetmelik)
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)
Banking Law No. 5411 (Bankacilik Kanunu No. 5411)
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)
Banking Law No. 5411 (Bankacilik Kanunu No. 5411)
Certain regulations mandate that financial institutions retain both their primary and secondary systems within the borders of Türkiye, prohibiting the systematic transfer of such data abroad for banks, financial leasing and factoring companies, publicly traded companies, pension investment funds, and other entities regulated by the Capital Markets Board. These regulations include the Regulation on Internal Systems and Internal Capital Adequacy Assessment Process of Banks, whose Art. 11(4) stipulates that Turkish banks must host their primary data systems—comprising the infrastructure, hardware, software, and data necessary for recording and utilising all information required to conduct banking activities and meet legislative obligations—within Türkiye. Likewise, their secondary data systems, which serve as backups, must also be stored domestically. Additionally, Art. 23 of Law No. 6493 requires system operators to maintain information systems and their backups domestically. A system operator is defined as a legal entity responsible for the day-to-day functioning of payment or securities settlement systems, holding the requisite licence for such operations. This provision further compels online payment services, such as PayPal, to retain all data in Türkiye for a minimum of ten years. The law specifies: “The system operator, payment institution, and electronic money institution shall be required to keep all documents and records related to matters within the scope of this Law for at least ten years within the country, in a secure and accessible manner.”
Additionally, under Art. 73 of the Banking Law, the Banking Regulation and Supervision Authority (BRSA) is empowered to prohibit the sharing or transfer of customer data or bank secrets with third parties outside Turkey. The BRSA may also mandate that banks maintain their information systems and backups within Turkey, based on assessments related to economic security.
Additionally, under Art. 73 of the Banking Law, the Banking Regulation and Supervision Authority (BRSA) is empowered to prohibit the sharing or transfer of customer data or bank secrets with third parties outside Turkey. The BRSA may also mandate that banks maintain their information systems and backups within Turkey, based on assessments related to economic security.
Coverage Financial sector
Sources
- https://web.archive.org/web/20241125201842/https://www.bddk.org.tr/Mevzuat/DokumanGetir/1089
- https://web.archive.org/web/20240714110101/https://www.mevzuat.gov.tr/File/GeneratePdf?mevzuatNo=19864&mevzuatTur=KurumVeKurulusYonetmeligi&mevzuatTertip=5
- https://web.archive.org/web/20241219171713/https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5411.pdf
- https://web.archive.org/web/20190617160327/https://www.tcmb.gov.tr/wps/wcm/connect/de4fb4cc-19c4-47fe-a9cb-9ef0397a8923/1.+LAW.pdf?MOD=AJPERES&CACHEID=ROOTWORKSPACE-de4fb4cc-19c4-47fe-a9cb-9ef0397a892...
- https://web.archive.org/web/20221015193644/https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6493&MevzuatTur=1&MevzuatTertip=5
- https://web.archive.org/web/20220621190808/https://itif.org/publications/2021/07/19/how-barriers-cross-border-data-flows-are-spreading-globally-what-they-cost/
- https://web.archive.org/web/20231210005618/https://www.dataguidance.com/notes/turkey-data-transfers
- https://web.archive.org/web/20230726152708/https://www.lexology.com/library/detail.aspx?g=e132f92b-6691-45f8-a24c-3beef84be555
- https://web.archive.org/web/20241203215818/https://resourcehub.bakermckenzie.com/en/resources/global-data-privacy-and-cybersecurity-handbook/emea/trkiye/topics/data-localizationresidency
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TÜRKIYE
Since April 2016
Pillar Cross-border data policies |
Indicator Conditional flow regime
Personal Data Protection Law No. 6698 (6698 sayılı Kişisel Verilerin Korunması Kanunu)
According to Art. 9 of the Personal Data Protection Law, data cannot be processed or transferred abroad without the individual's explicit consent. Consent will not be required if the transfer is necessary to exercise a right or is required by law, and either:
- sufficient protection exists in the transferee country or
- if the data controller gives a written security undertaking and Türkiye’s Data Protection Board grants permission.
It is reported that these conditions are very restrictive, so in some cases, data controllers have made their own assessment of whether personal data will be adequately protected based on the criteria used by the Turkish Personal Data Protection Authority to assess adequacy.
- sufficient protection exists in the transferee country or
- if the data controller gives a written security undertaking and Türkiye’s Data Protection Board grants permission.
It is reported that these conditions are very restrictive, so in some cases, data controllers have made their own assessment of whether personal data will be adequately protected based on the criteria used by the Turkish Personal Data Protection Authority to assess adequacy.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221106055151/https://www.kvkk.gov.tr/Icerik/6649/Personal-Data-Protection-Law
- https://web.archive.org/web/20230127050225/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6698.doc
- https://web.archive.org/web/20170108225407/http://uk.practicallaw.com/7-520-1896#a350846
- https://web.archive.org/web/20200420073046/http://www.mondaq.com/turkey/privacy-protection/480822/turkey-completes-final-step-in-approving-data-protection-legislation
- https://web.archive.org/web/20240422224743/https://www.linklaters.com/en/insights/data-protected/data-protected---turkey#top
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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
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Law No. 6698 (6698 sayılı Kişisel Verilerin Korunması Kanunu)
Law No. 6698 provides a comprehensive regime of data protection in Türkiye. It outlines a framework similar to that of the European Data Protection Directive (Directive 95/46/EC). Secondary legislation in Türkiye, in the form of regulations and communications, has been evolving in line with the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). Law No. 6698 establishes the Personal Data Protection Authority (KVKK) and the Board as the supervisory authorities responsible for its enforcement. The KVKK mainly serves an administrative role, while the Board is the decision-making organ within the KVKK. The KVKK was established as an independent regulatory authority with institutional and financial autonomy and is responsible for ensuring personal data protection and raising awareness in this respect.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221106055151/https://www.kvkk.gov.tr/Icerik/6649/Personal-Data-Protection-Law
- https://web.archive.org/web/20230926061103/https://www.dataguidance.com/jurisdiction/turkey
- https://web.archive.org/web/20231205125411/http://www.lawsturkey.com/law/6698-law-on-the-protection-of-personal-data
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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
Since November 2008, as amended in December 2020 and entered into force in June 2021
Pillar Domestic data policies |
Indicator Minimum period for data retention
Electronic Communications Law No. 5809 (5809 sayılı Elektronik Haberleşme Kanununun)
According to Art. 51.10 of the Electronic Communications Law No. 5809:
- Personal data subject to inspection, examination, investigation or dispute shall be retained until the related period has been completed;
- Logs regarding the access of personal data and related other systems are retained for two years;
- Logs that prove the consent of subscribers/users for processing personal data are retained throughout the subscription period;
- Categories of data to be retained and data retention periods, not less than one year and not more than two years from the date of the communication, are determined by secondary law.
- Personal data subject to inspection, examination, investigation or dispute shall be retained until the related period has been completed;
- Logs regarding the access of personal data and related other systems are retained for two years;
- Logs that prove the consent of subscribers/users for processing personal data are retained throughout the subscription period;
- Categories of data to be retained and data retention periods, not less than one year and not more than two years from the date of the communication, are determined by secondary law.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20211025150825/https://www.mondaq.com/turkey/data-protection/328918/data-privacy-in-telecommunication-industry
- https://web.archive.org/web/20210212165138/https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=16405&MevzuatTur=7&MevzuatTertip=5
- https://web.archive.org/web/20221012151158/https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=5809&MevzuatTur=1&MevzuatTertip=5
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TÜRKIYE
Since January 2018
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Regulation on the Registry of Data Controllers (Veri Sorumluları Sicili Hakkında Yönetmelik)
According to Art. 11 of the Regulation on the Registry of Data Controllers, a contact person must be appointed if the data controller is a legal entity located in Türkiye and is not exempt from registration with the Turkish Personal Data Protection Authority. Additionally, if the data controller is not located in Türkiye, it must appoint a representative who must be either a Turkish legal entity or a Turkish citizen.
The data controller’s contact person or representative is responsible for managing communications with the Turkish Personal Data Protection Authority and data subjects. Data controllers remain liable for compliance with the Protection of Personal Data Law regardless of the appointment of a contact person or a representative.
The data controller’s contact person or representative is responsible for managing communications with the Turkish Personal Data Protection Authority and data subjects. Data controllers remain liable for compliance with the Protection of Personal Data Law regardless of the appointment of a contact person or a representative.
Coverage Horizontal
