Introduction
Public announcement on technical and administrative measures recommended for data controllers on user security
Final report on e-marketplace platform sector inquiry
Public announcement on VERBIS
Regulation on Amending the Distance Sales Contracts Regulation
TRABIS
Regulation on Collecting, Storing and Sharing Insurance Data
Amendment Law on the Media Law and Other Laws
Main statute of e-sports federation
Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers
Developments relating to banking sector
2022 was another year full of developments in the legal sphere in Turkey. Looking back at 2022, it is clear that the legislature in Turkey has taken steps to regulate digital services and markets, as their impact and growth during and following the covid-19 pandemic was remarkable. Further, the Turkish Data Protection Authority published guidelines and principal decisions throughout the year, and the long-awaited .tr network information system (TRABIS) is finally live.
This article lays out a select group of the main changes in 2022.
Public announcement on technical and administrative measures recommended for data controllers on user security
On 15 February 2022, the Turkish Personal Data Protection Authority released a public announcement that set out technical and administrative measures recommended for data controllers concerning user security. This announcement provided concrete examples and best practices relating to administrative and technical measures.
Final report on e-marketplace platform sector inquiry
The Turkish Competition Authority published its final report on the e-marketplace platform sector inquiry on 14 April 2022. The inquiry concerned the increasing online shopping trend as a result of technological developments and digitalisation and aimed to find solutions to the competition problems that have arisen or may arise in the e-commerce sector. Within the report, the problems were determined and policy recommendations were set out.
The Turkish Personal Data Protection Authority released a public announcement regarding the Data Controller Registry (VERBIS) on 21 April 2022, stating that administrative penalties would be issued to data controllers that fail to fulfil the obligation to register with VERBIS.
Regulation on Amending the Distance Sales Contracts Regulation
The Regulation on Amending the Distance Sales Contracts Regulation was published in the Official Gazette on 23 August 2022. The regulation introduces changes regarding intermediary service providers, the right to withdraw and the obligation of preliminary notification for contracts made online.
TRABIS, which enables the management of ".tr" domain names, started its operations on 14 September 2022.
Regulation on Collecting, Storing and Sharing Insurance Data
The Regulation on Collecting, Storing and Sharing Insurance Data, prepared by the Insurance and Private Pension Regulation and Supervision Authority within the scope of the Insurance Law (No. 5684), was published in the Official Gazette and entered into force on 18 October 2022. The regulation determines the scope, form, procedures and principles regarding the processing, sharing and transfer of insurance data (for further details, see "New regulation on collection, storage and sharing of insurance data").
Amendment Law on the Media Law and Other Laws
The Amendment Law on the Media Law and Other Laws was published in the Official Gazette on 18 October 2022. The law amended:
- the Press Law (No. 5187);
- the Electronic Communications Law (No. 5809); and
- the Law on the Regulation of Internet Publications and Prevention of Crimes Committed through these Publications (No. 5651).
The law incorporated significant amendments to the Electronic Communications Law (No. 5809) and added the definition of "over-the-top service", now as follows:
interpersonal electronic communication services within the scope of audio, written and visual communication, presented to subscribers and users with internet access, independently from the operators or the provided internet service, via a software open to the public.
Main statute of e-sports federation
The main statute of the e-sports federation was published and entered into force on 18 November 2022. It determined the details and boundaries of the federation's powers and duties, allowing the federation to gain an independent structure (for further details, see "Turkey e-sports federation: main statute").
Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers
The Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers, which was published in the Official Gazette on 29 December 2022, regulates various issues relating to e-commerce, including:
- the obligations of e-commerce intermediary service providers and e-commerce service providers;
- unfair commercial practices;
- illegal content;
- intermediation agreements;
- e-commerce licences; and
- data usage, sharing and related systems.
Developments relating to banking sector
The following additional developments took place in 2022:
- The Regulation on the Operation Principles of Digital Banks and Service Model Banking was published in the Official Gazette on 29 December 2021 and entered into force on 1 January 2022, setting out the operational principles for branchless banks and principles relating to service model banking.
- The Regulation on Sharing Secret Information entered into force on 1 July 2022, setting out the scope, form, procedures, principles and restrictions on sharing and transferring bank customers' secrets.
- The Turkish Personal Data Protection Authority published the Guideline for the Banking Industry on the Best Practices for the Personal Data Protection on 5 August 2022, setting out best practices relating to personal data processing in the banking sector.
- The Central Bank of the Republic of Turkey published the Guideline on Associating Business Models in the Payments Area with Payment Service Types in September 2022, which includes explanations regarding payment services and electronic money issuance.
For further information on this topic please contact Burak Özdağıstanli, Sümeyye Uçar or Ebru Gümüş at Özdağıstanli Ekici Attorney Partnership by telephone (+90 216 230 07 48) or email ([email protected], [email protected] or [email protected]). The Özdağıstanli Ekici Attorney Partnership website can be accessed at www.ozdagistanliekici.com.