Database

Browse Database

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

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

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.
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.
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

TÜRKIYE

Since November 2008, as amended in January 2015

Pillar Cross-border data policies  |  Indicator 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  |  Indicator 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  |  Indicator 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  |  Indicator 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  |  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.
Coverage Telecommunications sector

TÜRKIYE

Since January 2018

Pillar Domestic data policies  |  Indicator 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.
Coverage Horizontal

TÜRKIYE

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

Pillar Domestic data policies  |  Indicator 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  |  Indicator 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

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