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
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
- https://web.archive.org/web/20201116225121/https://www.rtuk.gov.tr/duyurular/3788/7030/radyo-televizyon-ve-istege-bagli-yayinlarin-internet-ortamindan-sunumu-hakkinda-yonetmelik-yururluge-girdi.html
- https://web.archive.org/web/20231210001819/https://www.article19.org/resources/turkey-new-regulation-and-website-blocks-mark-further-assault-on-online-freedoms/
- https://web.archive.org/web/20231019032120/https://www.bbc.com/turkce/haberler-turkiye-49193378
- https://web.archive.org/web/20221227022615/http://www.hurriyetdailynews.com/internet-broadcast-law-passed-in-turkish-parliament-amid-censorship-outcry-129139
- https://web.archive.org/web/20230324033040/https://www.lexology.com/library/detail.aspx?g=82e57c93-b073-492c-817d-76b4662a80f7
- https://web.archive.org/web/20231129021059/https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6112-20120704.pdf
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TÜRKIYE
Since November 2013
Pillar Quantitative trade restrictions for ICT goods 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 services, such as advanced data processing equipment, office equipment and computers, cash registers, TV and video equipment, and wireless equipment, need 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://web.archive.org/web/20230805235033/https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB.pdf
- https://web.archive.org/web/20221124103258/https://www.mevzuat.gov.tr/File/GeneratePdf?mevzuatNo=19783&mevzuatTur=KurumVeKurulusYonetmeligi&mevzuatTertip=5
- https://web.archive.org/web/20210722021832/https://www.trade.gov/knowledge-product/turkey-import-requirements-and-documentation
- https://web.archive.org/web/20160821065929/http://www.globaltrade.net/f/business/text/Turkey/Trade-Policy-Import-Requirements-and-Documentation-in-Turkey.html
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TÜRKIYE
Since September 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Notification No. 2019/4 on Import Surveillance (İthalatta Gözetim Uygulamasına İlişkin Tebliğ (Tebliğ No: 2019/4))
According to the Notification No. 2019/4 on Import Surveillance of 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 May 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar 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 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
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 |
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.
- 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 |
Sub-pillar 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
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
Sources
- https://web.archive.org/web/20220306001149/https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5651.pdf
- https://web.archive.org/web/20220120164747/https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2016)026-e
- https://web.archive.org/web/20221114135149/https://freedomhouse.org/country/turkey/freedom-net/2022
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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.
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
Sources
- https://web.archive.org/web/20231002151932/http://www.computerweekly.com/news/450280254/Citizens-will-be-stripped-naked-by-Turkeys-data-law
- https://web.archive.org/web/20210318012556/https://www.loc.gov/law/help/national-security-law/turkey.php
- https://web.archive.org/web/20230127050225/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6698.doc
- https://web.archive.org/web/20221222213039/https://www.dlapiperdataprotection.com/index.html?t=collection-and-processing&c=TR
- https://web.archive.org/web/20210909121158/https://www.kvkk.gov.tr/Icerik/4196/Kisisel-Verilerin-Korunmasi-Kanunu-Hakkinda-Sikca-Sorulan-Sorular
- https://web.archive.org/web/20210318012556/https://www.loc.gov/law/help/national-security-law/turkey.php
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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
Sources
- https://web.archive.org/web/20231021184721/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.2937.pdf
- https://web.archive.org/web/20240721200117/https://www.dataguidance.com/notes/turkey-third-country-assessment
- https://web.archive.org/web/20230921001248/https://freedomhouse.org/country/turkey/freedom-net/2022
- https://www.sciencedirect.com/science/article/abs/pii/S0267364916300838?fr=RR-2&ref=pdf_download&rr=912601e6ad16ea5d
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TÜRKIYE
Since May 2007, last amended in October 2022
Pillar Intermediary liability |
Sub-pillar 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 |
Sub-pillar 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 |
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://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 |
Sub-pillar 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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