Database

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TÜRKIYE

Since January 2018
Since February 2019

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Decision No. 2018/DK-YED/27

Decision No. 2019/DK-TED/053
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 localization 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

TÜRKIYE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar 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 and competition  |  Sub-pillar 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

TÜRKIYE

Since 2008

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of an independent telecom authority
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 Telecom infrastructure and competition  |  Sub-pillar 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

TÜRKIYE

Since 2013, as amended in March 2015

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Payment Services and Electronic Money Institutions Law No. 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". As a result, the information systems have to be located in the country. The article also specifies that "the information systems and their substitutes, which are used by system operator to carry out its activities shall also be kept within the country".
Coverage E-money institutions and payment services providers

TÜRKIYE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar 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 and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Turk Telecom (the incumbent) was privatized in 2005. However, at the moment, 25% of the share of the Turk Telecom belongs to Republic of Türkiye Ministry of Treasury and Finance, and 5% belongs to Türkiye Wealth Fund, which is a sovereign wealth fund owned by the Government of Türkiye. It is reported that Turk Telecom has de facto monopoly over network access services that are essential for service providers in different segments of the market.
Coverage Telecommunications sector

TÜRKIYE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar 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 practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

TÜRKIYE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Turk Telecom (the incumbent) was privatized in 2005. However, at the moment, 25% of the share of the Turk Telecom belongs to Republic of Türkiye Ministry of Treasury and Finance, and 5% belongs to Türkiye Wealth Fund, which is a sovereign wealth fund owned by the Government of Türkiye. It is reported that Turk Telecom has de facto monopoly over network access services that are essential for service providers in different segments of the market.
Coverage Telecommunications sector

TÜRKIYE

Since January 2011

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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 statement if the unfair competition is committed by wrong or misleading statements; 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

TÜRKIYE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar 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 practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

TÜRKIYE

Since January 2011

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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 statement if the unfair competition is committed by wrong or misleading statements; 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

TÜRKIYE

Since December 1951, last amended in June 1995

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 5846 on Intellectual and Artistic Works
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

TÜRKIYE

Reported in 2015, 2018, and 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite positive developments in the area in recent years, it is reported that concerns among rights holders regarding overall IP protection and enforcement in Türkiye continue. The use of unlicensed software by some government agencies is reported, as are increasing levels of satellite television channel piracy. In addition, enforcement processes are hampered by procedural delays, insufficient personnel, and laws that contain lax penalties and inadequate procedures. Moreover, it is reported that the rate of unlicensed software installation in the country was 56% in 2017 (same as the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 208 million.
Coverage Horizontal