BURKINA FASO
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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)
Burkina Faso is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
BURKINA FASO
Since September 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 058-2015/CNT on the Legal Status of the Online Press in Burkina Faso (Loi No. 058-2015/CNT portant régime juridique de la presse en ligne au Burkina Faso)
According to Art. 25 of Law No. 058-2015/CNT, at least 51% of the share capital for online press must be held by nationals.
Coverage Online press
Sources
- https://web.archive.org/web/20191114001622/https://academiedepolice.bf/index.php/services-en-ligne/telechargement/category/56-publicite-et-projection-video?download=124:la-loi-portant-regime-juridique...
- https://web.archive.org/web/20240812074249/https://www.investburkina.com/2022_09_21_REGROUPEMENT%20DES%20TEXTES%20VF/1%20REGLEMENTATION%20GENERALE/c%20INVESTISSEMENTS/LOIS/Loi%20N%C2%B0038-2018AN%20du...
TÜRKIYE
Since June 2013, as amended in March 2015, last amended in June 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
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)
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 localise 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
- https://web.archive.org/web/20150820193202/http://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/20231119104555/https://www.tcmb.gov.tr/wps/wcm/connect/TR/TCMB+TR/Main+Menu/Temel+Faaliyetler/Odeme+Hizmetleri/Genel+Bakis
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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 May 2007, as amended in July 2020
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
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)
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 to more than one million users should appoint at least one authorised 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, the representative has to be a Turkish citizen.
Coverage Social network providers
Sources
- https://web.archive.org/web/20231217143550/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5651.pdf?dil=tr-TR
- https://web.archive.org/web/20211128015058/https://www.dlapiperdataprotection.com/index.html?t=online-privacy&c=TR
- https://web.archive.org/web/20231130014012/https://tr.euronews.com/2020/10/01/resmi-gazete-de-yay-mlanan-sosyal-medya-yasas-yururluge-girdi
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TÜRKIYE
Since November 2013
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 6502 on Consumer Protection (6502 Tüketicinin Korunması Hakkında Kanun)
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 harmonised with the EU framework covering all consumer transactions.
Coverage Horizontal
TÜRKIYE
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
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 United Nations Commission on International Trade Law (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 Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
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 October 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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, as amended in March 2015, last amended in October 2022
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
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)
Law No. 5651 on Regulating the Internet was amended in March 2015, broadening the scope of administrative blocking. As a result, Türkiye’s regulator may ban content to secure the protection of life and private property, protection of national security and public order, prevention of crimes, and protection of public health without a prior court order.
Coverage Internet intermediaries
TÜRKIYE
Reported in 2022, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
Türkiye has reportedly blocked more than 130 social networking and news sites over the years, including independent news sites such as Bianet.org and major social media platforms such as Facebook, Twitter, Instagram, WhatsApp, and Periscope, and online tools such as Google Docs, Translate, Books, Analytics, and DropBox. By November 2022, Tumblr was blocked after receiving orders from the Kuşadası Court of Peace due to “a violation of personal rights.” It is reported that more than 712,000 domains and 150,000 URLs were blocked as of December 2022. Nearly 500,000 of these blocks were carried out by BTK. Some 150,000 URLs were banned from access, in addition to 9,800 Twitter accounts, 55,500 tweets, 16,585 YouTube videos, 12,000 Facebook posts, and 11,150 Instagram posts.
Websites can be blocked for “obscenity” or if they are deemed defamatory to Islam. In December 2022, 918 websites were blocked for insulting the president, endangering national security, and promoting narcotics.
Following the February 2023 earthquakes, the government blocked Twitter for eight hours,. Also in February, access to a domestic social media platform, Ekşi Sözlük, was blocked. Independent news outlets are regularly blocked in the country, and in February 2023, blocking orders were issued against 340 URLs and websites, mainly belonging to Kurdish media outlets and literary publishers. The Etkin News Agency received its 50th blocking order in March 2023. Prominent news sites that remained blocked include Ahval News (blocked since 2018) and Haberdar (blocked since 2016). Furthermore, in March 2023, the Rize Court of Peace issued a blocking order against EngelliWeb, the platform where the İFÖD compiles access-blocking orders in Turkey.
Finally, it is reported that service websites like Uber, PayPal, and Booking.com are blocked in Turkey. A court imposed a blocking order against Uber in January 2023, citing “unfair competition.” In addition, the scooter-rental app and website Martı was also blocked in March 2023 following a complaint from the Taxi Drivers Chamber of Istanbul.
Websites can be blocked for “obscenity” or if they are deemed defamatory to Islam. In December 2022, 918 websites were blocked for insulting the president, endangering national security, and promoting narcotics.
Following the February 2023 earthquakes, the government blocked Twitter for eight hours,. Also in February, access to a domestic social media platform, Ekşi Sözlük, was blocked. Independent news outlets are regularly blocked in the country, and in February 2023, blocking orders were issued against 340 URLs and websites, mainly belonging to Kurdish media outlets and literary publishers. The Etkin News Agency received its 50th blocking order in March 2023. Prominent news sites that remained blocked include Ahval News (blocked since 2018) and Haberdar (blocked since 2016). Furthermore, in March 2023, the Rize Court of Peace issued a blocking order against EngelliWeb, the platform where the İFÖD compiles access-blocking orders in Turkey.
Finally, it is reported that service websites like Uber, PayPal, and Booking.com are blocked in Turkey. A court imposed a blocking order against Uber in January 2023, citing “unfair competition.” In addition, the scooter-rental app and website Martı was also blocked in March 2023 following a complaint from the Taxi Drivers Chamber of Istanbul.
Coverage Websites, social media platforms and online tools
TÜRKIYE
Reported in 2023, last reported in 2024
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 for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Following the February 2023 earthquakes in Turkey, the government is reported to have implemented politically motivated internet blackouts.
Following the February 2023 earthquakes in Turkey, the government is reported to have implemented politically motivated internet blackouts.
Coverage Horizontal