Database

Browse Database

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.
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.
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 (Radyo, Televizyon ve İsteğe Bağlı Yayınların İnternet Ortamından Sunumu Hakkında Yönetmelik)
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

TÜRKIYE

Since November 2008, as amended in January 2015

Pillar Cross-border data policies  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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

TÜRKIYE

Since June 2013, as amended in March 2015, last amended in June 2020

Pillar Domestic data policies  |  Sub-pillar 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

TÜRKIYE

Since November 2008, as amended in December 2020 and entered into force in June 2021

Pillar Domestic data policies  |  Sub-pillar 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.
Coverage Telecommunications sector

TÜRKIYE

Since January 2018

Pillar Domestic data policies  |  Sub-pillar Requirement to perform an 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.
Coverage Horizontal

TÜRKIYE

Since May 2007, as amended in July 2016, last amended in October 2022

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
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)
Pursuant to Art. 5 of Law No. 5651, all data stored by hosting providers, which are defined as real persons or legal entities who provide and operate the systems which host services and content, must be made available to the Information and Communication Technologies Authority upon request, without the need for a court order. Failure to comply can result in fines ranging from TRY 10,000 (approx. USD 1,300) to TRY 100,000 (approx. USD 12,800).
Coverage Hosting providers

TÜRKIYE

Since April 2016

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Personal Data Protection Law No. 6698 (6698 sayılı Kişisel Verilerin Korunması Kanunu)
According to Art. 28 of the Personal Data Protection Law, institutions and third parties are compelled to hand over personal data to intelligence agencies and police when it is needed to process personal data within the scope of preventive, protective and intelligence activities carried out by public institutions and organisations authorised by law to ensure national defence, national security, public security, public order or economic security.
The only exceptions to this requirement are health data and sexual life data, which can only be processed by natural persons who are under an oath of secrecy or by authorities for the purposes of protecting public health, preventive medicine, medical diagnosis, the provision of care and treatment services or planning, and the management and financing of healthcare services. This exception is provided in Art. 6 of the Personal Data Protection Law.
Coverage Horizontal

TÜRKIYE

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (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 November 1983, as amended in April 2014

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Law on State Intelligence Services and National Intelligence Organization No. 2937 (2937 Devlet İstihbarat Hizmetleri ve Milli İstihbarat Teşkilatı Kanunu)
According to Art. 6 of Law No. 2937, intelligence services are entitled to request any type of document/information from individuals and private/public entities while performing their duties. It is not clear whether a court order is needed.
Coverage Horizontal

TÜRKIYE

Since November 2008

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an 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

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