The Regulation on the Amendment of the Regulation of Consumer Rights in the Electronic Communications Sector ("Amending Regulation")1 was published in the Official Gazette numbered 31723 dated January 18, 2022 by the Information Technologies and Communication Authority ("ICTA").

The purpose of the Amending Regulation regarding the Regulation of Consumer Rights in the Electronic Communications Sector ("Regulation") 2 is to determine the procedures and principles to protect consumer rights and interests. Important amendments in the Regulation have been summarized as below:

  • With the amendment in Article 5 of the Regulation, subscribers now have the right to opt in or opt out whether their personal information is displayed in public directories. (Amending Regulation, Article 2)
  • Subscribers can now compare operator offers by making inquiries through the e-government portal, within the framework of the procedures and principles to be determined by the ICTA. In this context, the ICTA will prepare an infrastructure where consumers can compare the subscriptions. (Amending Regulation, Article 3)
  • Subscription agreements can now be established in electronic environment by means of identity verification or in writing in accordance with the provisions of the Identity Verification Regulation.3 In the event that subscription agreements are concluded electronically, the service delivery and fee accrual cannot be started before the transaction document is sent to the applicant in accordance with the third paragraph of Article 9 of the Identity Verification Regulation. ICTA may impose additional obligations on operators related to subscription agreements. (Amending Regulation, Article 4)
  • Pursuant to Article 8 of the Regulation, if the operator providing mobile communication services has more than one subscription agreement on behalf of the subscriber, the subscriber will be able to choose one of the lines registered to the said agreements; by the operator will be allowed to designate this line as the only authorized line for tariff changes, purchase of additional packages and all similar subscription transactions to be made from other lines. (Amending Regulation, Article 8)
  • Within the scope of Article 12 of the Regulation, it has been regulated that the operator will present an easy and understandable summary of the undertaking as a separate page in a demonstrable way to inform the consumer before any long-term undertaking is requested (such as 12 months or 24 months subscription). The contracting period determined between the operator and the subscriber cannot exceed 24 months. In this context, it is regulated that the maximum and minimum termination fee should be stated in the relevant summary as well in order to provide subscribers a better understanding of the long term subscription undertaking. (Amending Regulation, Article 9)
  • Within the scope of the Article 23 of the Regulation, subscribers can be able to terminate their subscriptions free of charge and request such termination; in writing to the authorized representative (such as stores) , b. by fax, c. by means of electronic signature, d. through e-government, e. using the online transaction center, f. using the e-mail address registered with the operator, g. using customer service or f. by another means to be determined by the ICTA. The remaining receivables from subscribers must be conveyed to the consumer within 4 months following the termination date at the latest. (Amending Regulation, Article 12)

The 1st, 2nd, 4th, 7th, 12th, 13th, 15th and 16th articles of the Amending Regulation will enter into force on March 1, 2022 and the other provisions will enter into force on December 31, 2022. 

Footnotes

1. Official Gazette numbered 31723 dated January 18, 2022. Accessed on 18 January 2022 from the link below: https://www.resmigazete.gov.tr/eskiler/2022/01/20220118-3.htm

2. Official Gazette numbered 31523 dated June 26, 2021. Accessed on 18 January 2022 from the link below:

https://www.resmigazete.gov.tr/eskiler/2021/06/20210626-21.htm

3. Regulation on the Process of Verifying the Applicant's Identity in the Electronic Communications Sector published in the Official Gazette No.31523 on June 26, 2021. Accessed on 18 January 2022 from the link below:

https://www.resmigazete.gov.tr/eskiler/2021/06/20210626-21.htm

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.