TÜRKIYE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Türkiye has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
TÜRKIYE
Since May 2007, as amended in July 2020
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Law on Regulating Broadcasting in the Internet and Fighting against Crimes Committed through Internet Broadcasting - No. 5651
In July 2020, the Law on Regulating Broadcasting on the Internet and Fighting against Crimes Committed through Internet Broadcasting was amended. The amendment requires that providers of social network services in Türkiye with daily access of more than one million users should appoint at least one authorized person as a representative in Türkiye to ensure access to competent authorities. The social network provider should notify the Information and Communication Technologies Authority (BTK) of this person's identity and contact information. In addition, if the representative has to be a Turkish citizen.
Coverage Social network providers
TÜRKIYE
Since November 2013
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Protection of the Consumer No. 6502
The Law on Consumer Protection provides a comprehensive consumer protection framework that also applies to online transactions. The general consumer protection law was updated in 2013 in order to be harmonized with the EU framework covering all consumer transactions.
Coverage Horizontal
TÜRKIYE
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Türkiye has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TÜRKIYE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Türkiye has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
TÜRKIYE
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Türkiye does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
TÜRKIYE
Since June 2015
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Code No. 6493 on Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions
According to Code No. 6493 on Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions, e-money and e-payment services 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 localize their Turkish businesses by June 2015. However, the conditions and procedures for foreign payment service providers who wish to provide payment services in Türkiye are currently under review.
Coverage E-payment and e-money services
Sources
- http://www.lexology.com/library/detail.aspx?g=edcce500-f947-4369-9bc6-ba9329295f60
- https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6493.pdf
- https://ms.hmb.gov.tr/uploads/2020/12/ODEME-ve-ELEKTRONIK-PARA-KURULUSLARI-Sektor-arastirma-raporu-2020.pdf
- 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 2007
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Communiqué of Standardization for Foreign Trade No. (2007/21); Communique on Import Inspections for Certain Products that Should Bear CE Marking (No 2017/9)
Companies exporting to the Turkish market must submit evidence of conformity with the European standards (CE Mark) either by providing a notarized 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. At this point, certification of compliance with TSE standards would be required.
Coverage Fixed electronic communication devices
Sources
- https://www.trade.gov/knowledge-product/turkey-standards-trade
- http://www.export.gov/turkey/doingbusinessinturkey/turkishstandardscemark/index.asp
- https://www.mevzuat.gov.tr/File/GeneratePdf?mevzuatNo=11020&mevzuatTur=Teblig&mevzuatTertip=5
- https://www.resmigazete.gov.tr/eskiler/2019/12/20191227M1-8.htm
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TÜRKIYE
Since May 2020
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Communique on Import Surveillance No. 2020/6 (In Turkish - İthalatta Gözetim Uygulamasına İlişkin Tebliğ (Tebliğ No: 2020/6) )
According to the Communique on Import Surveillance No. 2020/6, in 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, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Communiqué on Implementation of Tariff Quota in Imports of Printed Circuit Boards with Led Diodes used in the Production of Backlight Units
In Turkish - Arka Isik Ünitelerinin Imalinde Kullanilan LED Diyotlu Baskili Devre Kartlarinin Ithalatinda Tarife Kontenjani Uygulanmasi Hakkinda Karar
In Turkish - 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 led diodes used in the production of backlight units.
Coverage LED-printed circuit boards
TÜRKIYE
Since September 2019
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Communique on Import Surveillance 2019/4 (In Turkish - İthalatta Gözetim Uygulamasına İlişkin Tebliğ (Tebliğ No: 2019/4))
According to the Communique on Import Surveillance 2019/4, in September 2019, the Turkish Ministry of Trade imposed a licensing requirement on the imports of LED lamps.
Coverage Light-emitting diode (LED) lamps
TÜRKIYE
Since November 2013
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Regulation on After-sale service (Satiş Sonrasi Hi̇zmetler Yönetmeli̇ği̇)
According to the Regulation on After-sale Service, products requiring after-sales service such as such as advanced data processing equipment. office equipment and computers, cash registers, TV and video equipment, and wireless equipment require an import permit from the Ministry of Trade. To obtain such a permit, importers must guarantee that they will provide service and spare parts either by establishing offices or by signing agreements with existing service/parts firms. Complaints have been raised by some companies in 2014 that a lack of transparency in Türkiye‘s import licensing system results in costly delays, demurrage charges, and other uncertainties that inhibit trade.
Coverage Digital products that require after sales services
Sources
- https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB.pdf
- https://www.mevzuat.gov.tr/File/GeneratePdf?mevzuatNo=19783&mevzuatTur=KurumVeKurulusYonetmeligi&mevzuatTertip=5
- https://www.trade.gov/knowledge-product/turkey-import-requirements-and-documentation
- https://www.globaltrade.net/f/business/text/Turkey/Trade-Policy-Import-Requirements-and-Documentation-in-Turkey.html
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TÜRKIYE
Reported in 2022
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Türkiye. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
TÜRKIYE
Since August 2019
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Regulation on the Presentation of Radio, Television and On-Demand Broadcasts on the Internet
According to the Regulation on the Presentation of Radio, Television, and On-Demand Broadcasts on the Internet, all online radio, television, and on-demand streaming services such as YouTube and Netflix, and online news sites, are required to obtain a license from the government-controlled state television and radio regulator, the Radio and Television Supreme Council (RTÜK). The regulation makes RTÜK responsible for monitoring their online content and requires content providers to abide by RTÜK’s standards or face revocation of their license and blocking their platforms.
Coverage Online Radio, Television and On-Demand streaming services
Sources
- https://www.bloomberg.com/news/articles/2018-03-22/turkey-gives-its-aggressive-tv-censor-control-over-the-web
- https://www.rtuk.gov.tr/duyurular/3788/7030/radyo-televizyon-ve-istege-bagli-yayinlarin-internet-ortamindan-sunumu-hakkinda-yonetmelik-yururluge-girdi.html
- https://www.article19.org/resources/turkey-new-regulation-and-website-blocks-mark-further-assault-on-online-freedoms/
- https://www.bbc.com/turkce/haberler-turkiye-49193378
- http://www.hurriyetdailynews.com/internet-broadcast-law-passed-in-turkish-parliament-amid-censorship-outcry-129139
- https://www.lexology.com/library/detail.aspx?g=82e57c93-b073-492c-817d-76b4662a80f7
- https://www.article19.org/resources/turkey-new-regulation-and-website-blocks-mark-further-assault-on-online-freedoms/
- https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6112-20120704.pdf
- https://www.article19.org/resources/turkey-new-regulation-and-website-blocks-mark-further-assault-on-online-freedoms/
- https://www.bbc.com/turkce/haberler-turkiye-49193378
- https://www.rtuk.gov.tr/duyurular/3788/7030/radyo-televizyon-ve-istege-bagli-yayinlarin-internet-ortamindan-sunumu-hakkinda-yonetmelik-yururluge-girdi.html
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TÜRKIYE
Reported in 2021
Pillar Intermediary liability |
Sub-pillar 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://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://freedomhouse.org/country/turkey/freedom-net/2021#footnote3_4cnpza8
- https://www.mondaq.com/turkey/new-technology/811422/turkey39s-btk-imposes-data-localization-requirements-on-e-sim-technologies
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