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Trading restrictions

TURKEY


Chapter Standards  |  Sub-chapter Product safety certification (EMC/EMI, radio transmission)
Communiqué of Standardization for Foreign Trade No. (2004/1)
Fixed electronic communication devices, including base stations of GSM and 3G mobile communication networks and radio/TV transmitters, need safety certificate from the Information and Communication Technologies Authority in order to operate. All testings are conducted by organizations having Measurement Authorization Certificate.
Coverage Fixed electronic communication devices
Trading restrictions

TURKEY

Reported in March 2014

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Import licensing
Import licenses are required for products that need after-sales services, including photocopiers and advanced data processing equipment. Complaints have been raised that a lack of transparency in Turkey‘s import licensing system results in costly delays, demurrage charges, and other uncertainties that inhibit trade.
Coverage Certain digital products
Source
  • USTR, 2014 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB.pdf
Trading restrictions

TURKEY

Reported in 2012

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Import ban
IT products manufactured prior to January 2000 cannot be imported. The regulation from 1999 not allowing the importation of second hand IT products still applies. Used IT equipment is not allowed into Turkey ‘unless the IT equipment is an integral part of a manufacturing machine’ (e.g. the computer attached to a used embroidery machine is allowed).
Coverage IT products
Sources
Restrictions on data

TURKEY

Since 2013

Chapter Content access  |  Sub-chapter Censorship and filtering of web content
Law No. 5651 as amended in June 2013
Websites have to apply for a license with the Telecommunications and Communication (TIB) agency, which can be revoked. To date there are no cases of discriminatory use of licenses schemes.
Coverage Websites
Restrictions on data

TURKEY

Since March 2015

Chapter Content access  |  Sub-chapter Censorship and filtering of 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 September 2014, broadening the scope of administrative blocking and allowing the authorities to access user data without a warrant. While the Constitutional Court overturned these provisions a month later, they were once again passed in March 2015. As a result, Turkey’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
Restrictions on data

TURKEY

Since 2015

Chapter Content access  |  Sub-chapter Censorship and filtering of web content
Blocking of web content
In July 2015, Turkey briefly blocked Twitter as users shared images of the Suruc bombing, some of which accompanied with calls for protests against the government.A government official stated that the country requested Twitter to remove 107 URLs with images of the bombing’s aftermath. Before it was blocked, Twitter had removed about 50 of the URLs. Access to Twitter was restored after the company removed malicious content, including hate speech, said the official.

Facebook and YouTube received a similar request, but were not blocked as they removed the content in question within the timeframe given by the Turkish authorities.
Coverage Twitter
Restrictions on data

TURKEY

Since 2004

Chapter Intermediary liability  |  Sub-chapter Notice and takedown requirement
Turkish Code of Intellectual and Artistic Work
The Turkish Code of Intellectual and Artistic Work requires the hosting, content or access providers to take down the infringing content from their servers upon “notice” given to them by the right holders. The providers need to take action within 72 hours. If the allegedly infringing content is not taken down or there is no response from the providers, the right holders can ask the Public Prosecutor to provide for a blocking order and the blocking order is executed within 72 hours.
Coverage Internet intermediaries
Restrictions on data

TURKEY

Since May 2007

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Law No. 5651 of May 2007 - Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications
Law No. 5651 regulates the liability of Internet intermediaries, but it fails to provide a safe harbor for Internet Services Providers (ISPs).
Coverage Internet intermediaries
Restrictions on data

TURKEY

Since May 2015

Chapter Data policies  |  Sub-chapter Other
Law No. 6563 on the Regulation of Electronic Commerce
The Turkish e-commerce law bans commercial messages sent electronically by email, text messaging (sms), fax, and autodial machines to consumers without their prior approval.
Coverage E-retailers
Sources
Restrictions on data

TURKEY

Since April 2016

Chapter Data policies  |  Sub-chapter Sanctions for non-compliance
Data Protection Law No. 6698
According to the Data Protection Law, administrative fines of up to TRY 1,000,000 (EUR 311,000) and/or imprisonment of one to four years may be imposed for breaches of the Law.

According to the Regulation on Administrative Sanctions in the Electronic Communications Sector, administrative fines may reach 3% of relevant company's annual turnover for the previous year. Moreover, the Turkish Criminal Code provides for various fines and terms of imprisonment, which go up to six years.
Coverage Horizontal
Restrictions on data

TURKEY

Since April 2016

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
Data Protection Law No. 6698
According to the Data Protection Law, institutions and third parties are compelled to hand over any data to intelligence agencies and police without a warrant.
Coverage Horizontal
Restrictions on data

TURKEY

Since March 2015

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
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 September 2014, broadening the scope of administrative blocking and allowing the authorities to access user data without a warrant. While the Constitutional Court overturned these provisions a month later, they were once again passed in March 2015.
Coverage Internet intermediaries
Restrictions on data

TURKEY

Since 2003

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
Regulation on Protection of Personal Data in the Telecommunication Sector
Under certain circumstances, telecommunications operators must inform, in an efficient and timely manner, the Information Technologies and Communication Authority (ITC Authority), the National Computer Emergency Response Centre (USOM) and the data subjects of cyber security breaches.
Coverage Telecommunication sector
Restrictions on data

TURKEY

Since 2015

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
Court rulings: 2014/4-56 E andv2015/1679 K
The Turkish courts accepted the existence of the right to be forgotten in 2015 (cases 2014/4-56 E and 2015/1679 K dated 17 June 2015). The Assembly of Civil Chambers of the Court of Appeal held that the right includes digital data, as well as non-digital personal data kept in publicly accessible mediums. This decision adopts and applies a similar scope of the ruling of the Court of Justice of the European Union which recognized the right to be forgotten.
Coverage Horizontal
Restrictions on data

TURKEY

Since April 2016
Since May 2015

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
Data Protection Law No. 6698

Law No. 6563 on the Regulation of Electronic Commerce
Personal data may only be processed after informing the data subject and, significantly, having obtained the data subject’s explicit and freely-given consent.

Moreover, the Regulation of Electronic Commerce (the E- commerce law) came into force on May 2015 states that the service provider is not permitted to transfer the personal data to third parties or use the data for other purposes without the customer's consent.
Coverage Horizontal