TÜRKIYE
Since November 2008
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Electronic Communication Law (Law No. 5809) (Elektroni̇k haberleşme kanunu)
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
TÜRKIYE
Since May 2007, as amended in July 2020, entry into force in October 2020
Since April 2023
Since April 2023
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
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)
Procedures and Principles about Social Network Provider (Sosyal Ağ Sağlayıcı Hakkında Usul ve Esaslar)
Procedures and Principles about Social Network Provider (Sosyal Ağ Sağlayıcı Hakkında Usul ve Esaslar)
Pursuant to Additional Art. 4.6 of Law No. 5651, social network providers, whether based in Türkiye or abroad, that receive more than one million daily visitors from Türkiye are obligated to take the necessary measures to retain the data of their Turkish users within Türkiye. According to Art. 13 of the Procedures and Principles concerning Social Network Providers, priority must be given to basic user information and any other data specified by the Information and Communication Technologies Authority.
Coverage Social network providers
Sources
- https://web.archive.org/web/20240827120928/https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=5651&MevzuatTur=1&MevzuatTertip=5
- https://web.archive.org/web/20230927210855/https://www.btk.gov.tr/uploads/boarddecisions/sosyal-ag-saglayici-hakkinda-usul-ve-esaslar/119-06-sosyal-ag-saglayici-hakkinda-usul-ve-esaslar-28-03-2023-id....
- https://web.archive.org/web/20230726152708/https://www.lexology.com/library/detail.aspx?g=e132f92b-6691-45f8-a24c-3beef84be555
- https://web.archive.org/web/20230923051621/https://iclg.com/briefing/18764-new-regulation-from-icta-on-social-network-providers
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TÜRKIYE
Since July 2019
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Presidential Circular on Information and Communication Security Measures No. 2019/12 (Cumhurbaşkanlığından, Genelge, Bilgi ve İletişim Güvenliği Tedbirleri No. 2019/12)
Circular No. 2019/12 provides that data of public institutions and organisations should not be stored in cloud storage services except for the institutions’ own private systems or local service providers controlled by the institutions.
Coverage Public sector
Sources
- https://web.archive.org/web/20241125195642/https://cbddo.gov.tr/en/presidential-circular-no-2019-12-on-information-security-measures
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.dataguidance.com/notes/turkey-data-transfers
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TÜRKIYE
Since December 2020, entry into force in June 2021
Since April 2016
Since July 2012, invalidated in January 2015
Since April 2016
Since July 2012, invalidated in January 2015
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Regulation on the Processing of Personal Data and the Protection of Confidentiality in the Electronic Communications Sector (Elektroni̇k Haberleşme Sektöründe Ki̇şi̇sel Veri̇leri̇n İşlenmesi̇ Ve Gi̇zli̇li̇ği̇n Korunmasina İli̇şki̇n Yönetmeli̇k)
Personal Data Protection Law No. 6698 (6698 sayılı Kişisel Verilerin Korunması Kanunu)
Regulation on Processing and Privacy of Personal Data in Electronic Communications Sector
Personal Data Protection Law No. 6698 (6698 sayılı Kişisel Verilerin Korunması Kanunu)
Regulation on Processing and Privacy of Personal Data in Electronic Communications Sector
The Regulation on the Processing of Personal Data and the Protection of Confidentiality in the Electronic Communications Sector reaffirms the data processing principles set out in Art. 4.2 of the Data Protection Law mandating that operators adhere to these principles when managing personal data. According to Art. 5 of the Regulation, cross-border transfer of traffic and location data is prohibited on the basis of national security concerns.
Data processing in the electronic communications sector was previously regulated by the Regulation on Processing and Privacy of Personal Data in the Electronic Communications Sector. The regulation imposed strict conditions on the transfer of personal data outside of Türkiye by telecommunications providers. However, the Constitutional Court invalidated the basis of this regulation, and as a result, the regulation was considered null and void.
Data processing in the electronic communications sector was previously regulated by the Regulation on Processing and Privacy of Personal Data in the Electronic Communications Sector. The regulation imposed strict conditions on the transfer of personal data outside of Türkiye by telecommunications providers. However, the Constitutional Court invalidated the basis of this regulation, and as a result, the regulation was considered null and void.
Coverage Electronic communications sector
Sources
- https://web.archive.org/web/20230328174629/https://www.resmigazete.gov.tr/eskiler/2020/12/20201204-13.htm
- https://web.archive.org/web/20201212030056/https://www.dataguidance.com/news/turkey-regulation-processing-personal-data-electronic
- https://web.archive.org/web/20211025140506/http://www.mondaq.com/turkey/privacy-protection/480822/turkey-completes-final-step-in-approving-data-protection-legislation
- https://web.archive.org/web/20170108225407/http://uk.practicallaw.com/7-520-1896#a350846
- https://web.archive.org/web/20220302173130/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6698.doc
- https://web.archive.org/web/20240422224743/https://www.linklaters.com/en/insights/data-protected/data-protected---turkey#top
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TÜRKIYE
Since January 2018
Since February 2019
Since February 2019
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Decision No. 2018/DK-YED/27 (Karar No 2018/DK-YED/27)
Decision No. 2019/DK-TED/053 (Karar No 2018/DK-YED/27)
Decision No. 2019/DK-TED/053 (Karar No 2018/DK-YED/27)
According to Decision No. 2018/DK-YED/27, the emergency call (eCall) in vehicles, along with servers that provide the communication system allowing for value-added services, are to be located in Türkiye, and personal data in such systems cannot be transferred abroad without explicit consent. To achieve this, it is mandatory for the SIM cards, electronic SIMs (eSIMs) or modules having SIM card properties to be procured from operators licensed to provide mobile electronic communication in Türkiye or to be programmable to allow them to be controlled by such operators.
With Decision No. 2019/DK-TED/053, the localisation requirements are no longer limited to eCall services only, encompassing all eSIM applications. Moreover, all infrastructure, system and storage units, including equipment and software related to the eSIM platform in GSMA standards, shall be established in Türkiye by a licensed local operator (or by a third party to be appointed by such local operators, but liability remaining with the local operator). The decision also states that all data should be kept within Turkish borders. Moreover, where the devices manufactured to be used in Türkiye or imported to the country have remotely programmable SIM (eUICC, eSIM/embedded SIM, etc.) technologies, their relevant modules are expected to be programmable only by local mobile operators and only local mobile operator profiles may be installed.
With Decision No. 2019/DK-TED/053, the localisation requirements are no longer limited to eCall services only, encompassing all eSIM applications. Moreover, all infrastructure, system and storage units, including equipment and software related to the eSIM platform in GSMA standards, shall be established in Türkiye by a licensed local operator (or by a third party to be appointed by such local operators, but liability remaining with the local operator). The decision also states that all data should be kept within Turkish borders. Moreover, where the devices manufactured to be used in Türkiye or imported to the country have remotely programmable SIM (eUICC, eSIM/embedded SIM, etc.) technologies, their relevant modules are expected to be programmable only by local mobile operators and only local mobile operator profiles may be installed.
Coverage eSIM applications
Sources
- https://web.archive.org/web/20230328191549/https://www.btk.gov.tr/uploads/boarddecisions/112-tabanli-arac-ici-acil-cagri-sistemi-e-call/027-05-112-tabanli-arac-ici-acil-cagri-sistemi-e-call-22-01-2018...
- https://web.archive.org/web/20230206152648/https://www.btk.gov.tr/uploads/boarddecisions/uzaktan-programlanabilir-sim-teknolojileri-esim/053-2019-web.pdf
- https://web.archive.org/web/20241203214650/https://www.mondaq.com/turkey/telecoms-mobile--cable-communications/1054068/turkey-has-introduced-its-national-esim-technology-but-why-is-it-important
- https://web.archive.org/web/20231210005618/https://www.dataguidance.com/notes/turkey-data-transfers
- https://web.archive.org/web/20231226161832/https://www.lexology.com/library/detail.aspx?g=f3ab713c-e76e-4006-ab83-6276e1aa9d64
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TÜRKIYE
Since June 1995, amended in November 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Decree Law No. 551 on the Protection of Patent Rights (551 Patent Haklarının Korunması Hakkında Kanun Hükmünde Kararname)
According to Art. 171. b of the Decree-law No.551, patent agents entered in the records of the Turkish Patent Institute have the capacity to act before the Institute. The persons domiciled abroad have to be represented by patent agents.
Coverage Horizontal
TÜRKIYE
Since October 1995, entry into force in January 1996
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Türkiye is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
TÜRKIYE
Since December 1951, last amended in June 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 5846 on Intellectual and Artistic Works (5846 sayılı Fikir ve Sanat Eserleri Kanunu)
Türkiye has a copyright regime under Law No. 5846 on Intellectual and Artistic Works. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 30-37 list the exceptions, which include the use of the work before the court and other government offices for its proof and as the subject of a proceeding in the absolute security and penalty procedures; the inclusion of some parts of the intellectual and artistic works in the media used for sign, sound or image transmission in relation to daily events, provided that these have the characteristics of an interview; among others.
Coverage Horizontal
TÜRKIYE
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite positive developments in recent years, concerns among rights holders regarding overall IP protection and enforcement in Türkiye persist. Rights holders continue to note the use of unlicensed software by some government agencies and high levels of online piracy. Significant issues are reported with software piracy, piracy of printed works, and online piracy, with the enforcement system, including judges, prosecutors, and police, failing to address IP-related crimes adequately.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240409085355/https://ustr.gov/sites/default/files/2024%20NTE%20Report_1.pdf
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20230426131418/https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf
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TÜRKIYE
Since August 2008, entry into force since November 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Türkiye has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
TÜRKIYE
Since August 2008, entry into force since November 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Türkiye has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TÜRKIYE
Since July 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Presidential Circular on Information and Communication Security Measures No. 2019/12 (Cumhurbaşkanlığından, Genelge, Bilgi ve İletişim Güvenliği Tedbirleri No. 2019/12)
Circular No. 2019/12 provides that data of public institutions and organisations should not be stored in cloud storage services except for the institutions’ own private systems or local service providers controlled by the institutions.
Coverage Cloud computing sector
Sources
- https://web.archive.org/web/20241125195642/https://cbddo.gov.tr/en/presidential-circular-no-2019-12-on-information-security-measures
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.dataguidance.com/notes/turkey-data-transfers
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TÜRKIYE
Reported in 2022, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Complaints on public procurement
It is reported that Türkiye frequently issues regulations that exempt urgent projects and procurements from requirements of the Turkish Public Tender Law, allowing entities to conduct tenders or negotiations on an invitational basis. While these exempted tenders technically are open to foreign as well as domestic firms, it is reported that, in practice, few of these have been awarded to foreign firms unless they were offering goods or services that were urgently needed and not available in Türkiye.
Coverage Horizontal
TÜRKIYE
Since January 2002, as amended in February 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)
According to Art. 63 of the Public Procurement Law, it is possible for contracting authorities to insert provisions to the tender documents indicating that the tender is exclusively open to domestic tenderers.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220303084859/https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4734.pdf
- https://web.archive.org/web/20230318182011/https://dn.gov.ua/storage/app/sites/1/zakupivli/dodatok-3.2_Byuleten-shhodo-vymog-do-provedennya-tendernyh-protsedur-u-Turechchyni.pdf
- https://web.archive.org/web/20250129210214/https://www.mondaq.com/turkey/government-public-sector/1545298/public-procurement-comparative-guide
- https://www2.ihale.gov.tr/english/4734_English.pdf
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TÜRKIYE
Since January 2002, as amended in June 2017
Since September 2014
Since September 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)
Domestic Goods Notification (SGM 2014/35) (Yerli Malı Tebliği (SGM 2024/10))
Domestic Goods Notification (SGM 2014/35) (Yerli Malı Tebliği (SGM 2024/10))
Since February 2014, amendments to the Public Procurement Code have introduced defined local preference margins for medium- and high-technology products in Türkiye, replacing the previously discretionary application of such margins by issuing authorities. Art. 63 of the Turkish Public Procurement Code, as amended by Art. 74 of Law No. 7033 on the Amendment of Certain Laws and Decrees to Support the Development of Industry and Production, establishes the following provisions:
- Bidders offering domestic products in goods procurement may receive a price advantage of up to 15%. Additionally, a mandatory 15% price advantage is granted to bidders supplying domestic products identified as medium- or high-technology by the Ministry of Science, Industry and Technology. These products are selected based on recommendations from relevant institutions and included in an annually published list. The initial list, published in January 2015, included 2,139 items such as computers, mobile phones, and televisions.
- For construction projects, ministries may require that all or part of the machinery, materials, equipment, and software used are sourced domestically, based on technological classifications.
Furthermore, the eligibility criteria for a "domestic product" benefiting from these preference margins were detailed in September 2014 in Art. 4 of the Domestic Goods Communiqué. These criteria include:
- Production by enterprises registered with the Ministry of Industry, with the product listed in the “production content” category of the registration certificate.
- Completion of essential production stages entirely within Türkiye, including final processing.
- A local contribution of at least 51% of the final production cost.
- Bidders offering domestic products in goods procurement may receive a price advantage of up to 15%. Additionally, a mandatory 15% price advantage is granted to bidders supplying domestic products identified as medium- or high-technology by the Ministry of Science, Industry and Technology. These products are selected based on recommendations from relevant institutions and included in an annually published list. The initial list, published in January 2015, included 2,139 items such as computers, mobile phones, and televisions.
- For construction projects, ministries may require that all or part of the machinery, materials, equipment, and software used are sourced domestically, based on technological classifications.
Furthermore, the eligibility criteria for a "domestic product" benefiting from these preference margins were detailed in September 2014 in Art. 4 of the Domestic Goods Communiqué. These criteria include:
- Production by enterprises registered with the Ministry of Industry, with the product listed in the “production content” category of the registration certificate.
- Completion of essential production stages entirely within Türkiye, including final processing.
- A local contribution of at least 51% of the final production cost.
Coverage Middle and high technology products
Sources
- https://web.archive.org/web/20220630004221/https://dosyalar.kik.gov.tr/genel/IhaleGovTr/4734_public_procurement_law_Consolidated_2022.pdf
- https://web.archive.org/web/20221128194427/https://resmigazete.gov.tr/eskiler/2017/07/20170701-21.htm
- https://web.archive.org/web/20221222052544/https://www.resmigazete.gov.tr/eskiler/2014/09/20140913-11.htm
- https://web.archive.org/web/20241125200029/https://www.sanayi.gov.tr/assets/img/popup-image/butce2025.jpg
- https://web.archive.org/web/20220303084859/https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4734.pdf
- https://web.archive.org/web/20240413073950/https://www.wto.org/english/tratop_e/tpr_e/s439_e.pdf
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