The Information Technologies and Communication Authority (“BTK”) amended the Consumer Rights Regulation on the Electronic Communication Sector (“Regulation”) in the Official Gazette dated 18/01/2022 and numbered 31723. According to the Regulation, the legal issues stated below are reviewed:
Personal Data Copy
The photocopy of the Republic of Turkey Identity Card (with chip) or Passport (with chip) papers used in process of providing the identity of the applicant in the electronic communication sector will no longer be accepted under the rule.
Policy on Transparency
Subscription agreements in the electronic communications sector will be drawn up in plain and simple language that the consumer may easily understand, according to the regulations set out in Article 9 of the Regulation and samples of contracts or undertakings will be provided to the customer.
According to the 10th paragraph of the Regulation, the commitment period for subscription agreements made in the electronic communication sector is limited to 24 (twenty-four) months, and it is planned to inform the consumer regarding the commitment period, the commitment expiry date and, the transactions that will constitute a breach of the commitment.
Cancellation of Internet Service as a Result of The Failure to Provide The Data Rate
Another significant adjustment made in the regulation’s 11th paragraph of the 9th article concerns internet access services. According to this change, considering the data rate transferred to the consumer regarding the internet service to be provided at the relevant address in the agreement for internet access services, if the criteria determined in the internet speed measurements made by the institution based on the address cannot be provided to the consumer, the subscriber (consumer) may terminate the registered subscription without paying any withdrawal fee, excluding wireless communications.
Conclusion
These amendments, enacted with Decision No. 31723, are intended to avoid the customer from being in an unfavorable situation as a result of the contract of commitment. Its goal is to avoid the illicit transactions based on personal data collected by third parties, to conclude agreements and commitments between the consumer and the institution in a clear and unambiguous manner, and to provide the consumer with the service promised.
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