Database

Browse Database

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 service such as such as advanced data processing equipment. office equipment and computers, cash registers, TV and video equipment, and wireless equipment require 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

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
Communique on Import Surveillance 2019/4 (In Turkish - İthalatta Gözetim Uygulamasına İlişkin Tebliğ (Tebliğ No: 2019/4))
According to the Communique on Import Surveillance 2019/4, in September 2019, the Turkish Ministry of Trade imposed a licensing requirement on the imports of LED lamps.
Coverage Light-emitting diode (LED) lamps

TÜRKIYE

Reported in 2022

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. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
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
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

Reported in 2021

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

TÜRKIYE

Since May 2007, as amended in March 2015

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Law No. 5651 of May 2007 as amended in March 2015 - Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications
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, 2023

Pillar Content access  |  Sub-pillar 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. In addition, major social media platforms such as Facebook, Twitter, Instagram, WhatsApp, and Periscope, and online tools such as Google Docs, Translate, Books, Analytics, and DropBox have also been blocked at some point.
In addition, the Turkish government reportedly banned access to 712,000 websites in 2022. Nearly 500,000 of these blocks were carried out by the Turkish Information and Communications Technology Authority (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.
Furthermore, in August 2023 access to Facebook, Twitter, and YouTube in Türkiye was blocked for the second time in the month. It is reported that in Türkiye Internet service providers cooperate with the government and block certain websites when the government deems it necessary.
Coverage Websites, Social media platforms and Online tools

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
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

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications - Law No. 5651
The Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications 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.
Coverage Internet intermediaries

TÜRKIYE

Since May 2007

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications - Law No. 5651
The Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications 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.
Coverage Internet intermediaries

TÜRKIYE

Since May 2007, as amended in 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 Regulating Internet Broadcasting and Combating Crimes Committed through Internet Broadcasting
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 10,000 liras (approx. USD 1,300) to 100,000 liras (approx. USD 12,800).
Coverage Hosting providers

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
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 organizations authorized by law to ensure national defense, national security, public security, public order or economic security.
Only exception 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 the Art. 6 of the Personal Data Protection Law.
Coverage Horizontal

TÜRKIYE

Since January 2018

Pillar Domestic data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Regulation on the Registry of Data Controllers
According to Article 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 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 April 2016

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Law on Protection of Personal Data No. 6698
Law No. 6698 provides a comprehensive regime of data protection in Türkiye. It outlines a similar framework to 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 serves a mostly 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 2013, amended in March 2015

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Law No. 6493 on Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions
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 system operator to carry out its activities shall also be kept within the country".
Coverage E-money institutions and payment services providers

Report issue     Report new measure