TÜRKIYE
Since November 2013
Pillar Online sales and transactions |
Indicator 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 |
Indicator Ratification of the 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 |
Indicator 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 |
Indicator 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
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator 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 |
Indicator 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
- Show more...
TÜRKIYE
Since May 2007, as amended in March 2015, last amended in October 2022
Pillar Content access |
Indicator 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 |
Indicator 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 |
Indicator 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 |
Indicator 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
- Show more...
TÜRKIYE
Since November 2013
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator 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
- Show more...
TÜRKIYE
Since September 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator 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 |
Indicator 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 October 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator 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
Since November 2008, as amended in December 2020 and entered into force in June 2021
Pillar Domestic data policies |
Indicator 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
- Show more...
