Database

Turkey has not adopted the UNCITRAL model law on e-commerce or e-signatures.

E-money and e-payment services providers must be licensed by the Turkish Banking Regulatory and Supervisory Authority (the "BRSA") in order to operate in Turkey. Furthermore, e-money institutions and payment services providers are required to establish their Turkish entities and localize their Turkish businesses by June 2015.

Many U.S. companies have complained that despite manufacturer’s self-declaration or notified body certification of conformity, the Government of Turkey has often demanded additional standards testing by the Turkish Standards Institute (TSE). In other instances, the Turkish Customs Service has demanded CE marking for products that do not fall under any of the twenty-three industrial standards adopted by the Turkish Republic.

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.

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.

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).

In March 2018, a bill was approved by the turkish parliament which would expand the role of Turkey's Radio and Television Supreme Council (RTUK) to cover online content and online broadcasting. Part of this regulation includes new licensing regime for all web-based broadcasting and platforms, which would entail high fees and a security screening conducted by Turkish police and intelligence services. Those service providers which do not obtain the required permits are liable to be blocked.

It has been reported that the regulation is likely to come into force in 2018, and that the Information and Communication Technologies Authority (BTK) will issue an official guide regarding the new law within six months.

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.

In November 2016, the Turkey's Information and Communication Technologies Authority ordered internet service providers to block more than 10 Virtual Private Network (VPN) services, as well as the circumvention tool Tor.

Access to wikipedia is entirely blocked in Turkey, following accusations that its articles on state-sponsored terrorism were attempts at public manipulation of mass media.

In response to Kurdish protests, the Turkish government has shut down landline, mobile phone and internet services a number of times in 2016 in as many as 11 citites, affecting as much as 12 million residents for several days. It is reported that key services such as banks and payment mechanisms were made unavailable.

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.

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.

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.

Law No. 5651 regulates the liability of Internet intermediaries, but it fails to provide a safe harbor for Internet Services Providers (ISPs).