Database

Browse Database

TÜRKIYE

Since November 1983, as amended in April 2014

Pillar Domestic data policies  |  Indicator 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 May 2007, last amended in October 2022

Pillar Intermediary liability  |  Indicator 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

TÜRKIYE

Since May 2007, last amended in October 2022

Pillar Intermediary liability  |  Indicator 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

TÜRKIYE

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator 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

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

Pillar Cross-border data policies  |  Indicator 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)
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.
Coverage Financial sector
Sources

TÜRKIYE

Since April 2016

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Personal Data Protection Law No. 6698 (6698 sayılı Kişisel Verilerin Korunması Kanunu)
According to Art. 9 of the Personal Data Protection Law, data cannot be processed or transferred abroad without the individual's explicit consent. Consent will not be required if the transfer is necessary to exercise a right or is required by law, and either:
- sufficient protection exists in the transferee country or
- if the data controller gives a written security undertaking and Türkiye’s Data Protection Board grants permission.
It is reported that these conditions are very restrictive, so in some cases, data controllers have made their own assessment of whether personal data will be adequately protected based on the criteria used by the Turkish Personal Data Protection Authority to assess adequacy.
Coverage Horizontal

TÜRKIYE

Since December 1951, last amended in June 1995

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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)  |  Indicator 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

TÜRKIYE

Since August 2008, entry into force since November 2008

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the 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)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Türkiye has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

TÜRKIYE

Since January 2011

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Türkiye lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Trade secrets can be protected under the Unfair Competition Provisions of the Turkish Commercial Code and the Turkish Criminal Code No. 5237. Art. 56 of the Commercial Code allows persons who have suffered damages or who may be exposed to the risk of such damage to apply to the competent court for the following:
- Declare whether the defendant's action is unfair;
- Prevent unfair competition;
- Removal of the material condition caused by the action of unfair competition; rectification of statements if wrong or misleading statements commit the unfair competition; and destruction of the means used in the unfair competition action, provided that it is unavoidable to prevent the infringement;
- In the case of a faulty action for compensation of damages, there is a reference to the conditions set forth by Art. 58 of the Turkish Code of Obligations.
Coverage Horizontal

TÜRKIYE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that passive infrastructure sharing in Türkiye to deliver telecom services to end users is mandated, and it is practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

TÜRKIYE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Turk Telecom (the incumbent) was privatised in 2005. However, at the moment, 25% of the share of Turk Telecom belongs to the Republic of Türkiye Ministry of Treasury and Finance, and 5% belongs to the Türkiye Wealth Fund, which is a sovereign wealth fund owned by the Government of Türkiye. It is reported that Turk Telecom has a de facto monopoly over network access services that are essential for service providers in different segments of the market.
Coverage Telecommunications sector

TÜRKIYE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Türkiye does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required. SMP operators having accounting separation obligations in relevant markets prepare accounting separation reports annually.
Coverage Telecommunications sector

TÜRKIYE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the 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

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