2022 LEGISLATION BULLETIN JANUARY-JUNE
11 JANUARY 2022: REGULATION NO. 31716 ON REMOTE IDENTIFICATION METHODS TO BE USED BY FINANCIAL LEASING, FACTORING, FINANCING AND SAVINGS FINANCE COMPANIES AND ON THE ESTABLISHMENT OF CONTRACTUAL RELATIONSHIPS IN ELECTRONIC ENVIRONMENT
With this regulation issued by the Banking Regulation and Supervision Agency, financial leasing, factoring, financing and savings finance companies will be able to establish remote identification and electronic contracts. This practice will bring new customers to the companies by enabling remote identification instead of written form. The procedures and principles of how the identification will be made are also regulated in this regulation. According to the Regulation, remote identification is possible through an online video call. However, the identification should be similar to the face-to-face identification method and should contain a minimum level of risk. Detailed documents should be created in order to verify the documents to be used in identification. The remote identification process should be checked at least once a year. In addition, it will be ensured that the customer representative receives training on the remote identification process at least once a year and after each update, including the legislation on the protection of personal data. After the control, if security breaches are detected or if it is determined that security breaches occur in the detection of security breaches or legislative changes, the company is aware of a possible fraud and security gaps occur in the remote identification method, the process will be addressed and will be improved by making updates in line with these deficiencies.
18 JANUARY 2022: REGULATION NO. 30224 ON THE AMENDMENT OF THE CONSUMER RIGHTS REGULATION ON THE ELECTRONIC COMMUNICATIONS SECTOR
In the Regulation, the concept of “personal data” has been removed from the definitions and it is stated that in order for subscription agreements to be established electronically, identity verification must be made in writing or in accordance with the provisions of the Identity Verification Regulation. An announcement will be made to the subscriber that a payment will be reflected on the invoice for the paid calls made outside the tariff, excluding the package overage usage. Another noteworthy point is that the operators are obliged to keep the other information and documents required for the establishment of the contract during the subscription period and for 30 years after the termination of the subscription. Although the concept of personal data has been removed from the Regulation, the 30-year period does not comply with equity and proportionality. The termination provisions have been expanded and the commitment periods have been limited to 24 months. In addition, in cases where the speed criterion to be determined by the Information and Communication Technologies Authority is not met, it is possible to terminate the subscriber’s contracted subscription without paying any withdrawal fee except for the remaining cost of the device. If it cannot be clearly determined whether any action taken by the subscriber is contrary to the commitment, a decision will be made in favour of the subscriber. Electronic communication operators shall advertise their tariffs with the same and unique name in all channels. Electronic communication subscriptions can be initiated through the e-Government portal with e-signature, Turkish ID Card or Internet Banking information.
20 JANUARY 2022: PERSONAL DATA PROTECTION BOARD DECISION NUMBERED 2021/1304 PUBLISHED IN THE OFFICIAL GAZETTE
With this principle decision, some provisions have been introduced for the blacklisting of personal data in the car rental sector. Car rental companies that own and control the processed personal data will be accepted as joint data controllers with software companies. The blacklist application is considered unlawful and it is stated that the personal data processed in this sector should be in a way that does not contradict the Personal Data Protection Law, and it has been decided that action will be taken against data controllers who do not take the necessary administrative and technical measures and use the blacklist application.
19 FEBRUARY 2022:31755 NUMBERED REGULATION ON THE PROTECTION AND PROCESSING OF DATA HELD BY THE SOCIAL SECURITY INSTITUTION
Law No. 5502 on Certain Regulations Regarding the Social Security Institution, Law No. 9783 on Social Security and General Health Insurance Law and Presidential Decree on the Organisation of Institutions and Organisations Affiliated, Related, Associated Institutions and Organisations and Other Institutions and Organisations Affiliated, Related, Associated Institutions and Organisations of Ministries, according to the regulation determining the procedures and principles to be complied with in the processing of data obtained by the Social Security Institution by fully or partially automatic means or by non-automatic means provided that it is part of any data recording system, The Social Security Institution (“SSI”) will be subject to certain principles in the processing of personal data, personal health data and trade secret data in order to fulfil the duties assigned to it. These principles include complying with the law and good faith, processing data for specific, explicit and legitimate purposes, being accurate and up-to-date, proportionate, limited processing of data and reasonable retention periods. Health service providers contracted with the SSI will transfer the data processed on behalf of the SSI to the registration system, and everyone who accesses this data has a confidentiality obligation before and after they leave their duties. It is stated that the data cannot be copied and transferred anywhere outside this system. In summary, the data held by the SSI are under the guarantee of the Personal Data Protection Law No. 6698 (“KVKK”) and the relevant persons must comply with the obligations of the KVKK.
1 MARCH 2022: REGULATION ON COMMERCIAL ADVERTISING AND UNFAIR COMMERCIAL PRACTICES NUMBERED 29232
While the seller companies can determine who received the goods or services, it is very difficult to make this determination on complaint platforms. The deficiencies in this regard have been eliminated by this Regulation. One of the most striking amendments in the Regulation is the provision 28/C, which provides a period of at least 72 hours before the publication of the complaint without the membership requirement of the seller or provider in terms of the right to reply to the complaints received on the complaint platforms. If it is determined that the complaint does not reflect the truth within the given period, this complaint will not be published. Complaint platforms will only be allowed to be evaluated by those who purchase the relevant goods or services. Complaints must be made objectively and procedurally for at least one year. The provision stating that advertisements cannot contain statements or images of patients before and after treatment has been repealed. In advertisements containing any written, audible or visual phrase indicating a discount on a good or service, the price information before the discount has been added to the mandatory elements. The price shown by analysing the personal data of the consumer when the consumer moves towards purchasing a good or service will be considered as a personalised price. When a personalised price is offered to the consumer, the current sales price determined by the seller or provider for the purchased product or service and the personalised price will be displayed together.
REGULATION NO. 31523 ON THE PROCESS OF VERIFYING THE IDENTITY OF THE APPLICANT IN THE ELECTRONIC COMMUNICATION SECTOR
31.12.2021, while it was expected to enter into force on 31.12.2021, the purpose of this regulation, which entered into force on 01.03.2022, is to protect the transactions made by the applicant from suspicious transactions that will be characterised as security vulnerabilities and to meet the needs by taking into account consumer interests. Service providers will be able to provide their services to the applicant securely in electronic environment by using artificial intelligence technology. All transactions will be recorded and these data will be used to verify the identity of the applicants in the process arising from the procedures of administrative and judicial authorities. The data obtained will be kept for the retention periods specified in the legislation. Except for the documents signed with wet signature or secure electronic signature, the subscription agreements, number porting application, operator / service provider change application, qualified electronic certificate application, registered electronic mail application, SIM change application documents made before the effective date of the regulation will be forwarded to mobile electronic communication operators and the information system provided by the e-Government Gateway within three months from the effective date.
1 APRIL 2022 LAW NO. 6502 ON CONSUMER PROTECTION
In the event that the consumer defaults in the payment of instalments in instalment sales contracts, the seller or provider must have performed all of its obligations in order for the seller or provider to reserve the right to demand the full performance of the unpaid debt, and the consumer may be used in cases where the consumer defaults in the payment of at least two consecutive instalments constituting at least one tenth of the price in the contract or one instalment constituting at least one quarter of the price. In the event of early repayment of the entire loan debt within the right of withdrawal period, the provisions of the article on the right of withdrawal shall be applied without the requirement of notification. In the event of an increase in the interest rate in indefinite term loan agreements, it will be obligatory to notify the consumer in writing on paper or through a permanent data storage device 30 days before the effective date of this change. It is obligatory to deliver the prepaid housing to the consumer within the committed period, and this period cannot exceed 48 months from the date of the contract under all circumstances. In distance contracts, the seller or provider must fulfil the performance within the committed period from the moment the consumer’s order reaches him. This period shall not exceed 30 days in the sale of goods, except for contracts on goods prepared within the framework of the consumer’s wishes or needs.
15 APRIL 2022 TAX PROCEDURE LAW NUMBERED 213
The Ministry of Treasury and Finance will be authorised to allow the tax office to sign, seal or approve the transactions made within the scope of this Law and other laws electronically, and to regulate the procedures and principles of the use of electronic signature, seal or approval. Documents of the tax office that are signed, sealed or approved electronically by the Revenue Administration will be deemed to be signed, sealed or approved by the tax office. In the old regulation, those who prevent the transmission of documents, information or data that should be transmitted electronically to the Ministry of Finance or other public institutions and organisations, or who cause them to be transmitted in an inaccurate manner, were punished with imprisonment from three to five years, while the upper limit has been increased to eight years in the new regulation. The penalisation provisions regarding the tax levied depending on the determination of the tax loss have been determined.
DECISION OF THE PERSONAL DATA PROTECTION BOARD NUMBERED 2022/388 PUBLISHED IN THE OFFICIAL GAZETTE ON 29 APRIL 2022
It is stated that municipalities should take the necessary technical and administrative measures stipulated by the Personal Data Protection Law No. 6698 (“KVKK”) in cases where they use membership and password or two-factor verification for property tax payment/quick payment and debt inquiry services, and the public will be informed that action will be taken within the framework of the law as a result of complaints/notices to be submitted to municipalities that do not take these measures. With this principle decision, it has been unanimously decided that municipalities should use two-factor verification within the scope of KVKK
8 APRIL 2022 31860 NUMBERED REGULATION ON THE PROCESSING OF LAND REGISTRY AND CADASTRE DATA AND TRANSACTIONS TO BE MADE ELECTRONICALLY
With this regulation that entered into force, de-identification or masking measures have been implemented to prevent the land registry and cadastre information in the system from falling into the hands of unwanted persons and to make it difficult to identify the owners of this information and data. Documents executed electronically will not be physically stored and sharing of information with unauthorised persons will be prevented. Persons and institutions benefiting from TAKPAS will be required to create a data request and will have to sign a protocol with the Directorate General or make an electronic declaration of acceptance in order to make inquiries. Data will be determined by taking into consideration the purpose of data use and legal grounds. The Personal Data Security Guide of the Personal Data Protection Authority will be taken as basis in taking technical and administrative measures.
In relation to their duties, lawyers will be able to query immovable property information through TAKPAS interfaces or internet services as a sub-user of the Union of Turkish Bar Associations. However, in the inquiries to be made on the condition that the lawyer who shows his/her interest scans the power of attorney, it will be possible to access the information or record sample of the immovable property (including passive registration information) and take a sample depending on the request of the lawyer by entering the information about which person’s assets are inquired for which purpose into the system and approving the electronic acceptance declaration with e-signature.
11 JUNE 2022 7409 LAW AMENDING THE LAW ON LAWYERS AND THE TURKISH CODE OF OBLIGATIONS
With the paragraph added to Article 16 of the Attorneyship Law, trainee lawyers are given the right to work insured in another job so as not to interfere with their internship. In addition, with the exception of judicial and administrative judicial judge and prosecutor candidates and judges and prosecutors, permanent public officials will be able to carry out their legal internship during their duty. With this amendment to the Attorneyship Law, the existing supervision deficit in attorneyship internship has increased even more. It should be reconsidered on the drawbacks of a public official doing his/her legal internship during his/her duty, foreseeing that it may disrupt the public duty and cause arbitrariness. It is open to discussion whether the deficiencies in the insurance coverage of trainee lawyers can be eliminated by this law
With the amendment made to the Turkish Code of Obligations, the rate of rent increase in the renewed residential leases from the effective date until 01.07.2023 will be valid provided that it does not exceed twenty-five percent of the rental price of the previous lease year. If the rate of change in the consumer price index of the previous lease year according to the twelve-month averages remains below twenty-five per cent, the rate of change is valid. Contracts exceeding these rates will be deemed invalid in terms of the excess amount
15 JUNE 2022 ENVIRONMENTAL LAW NUMBERED 2872
According to the subparagraph f of Article 11 of the Environmental Law, “Those who do not install waste reception, pre-treatment, treatment or disposal facilities that are obligatory to be installed, and those who install but do not operate them
60.000 Turkish Liras administrative fine shall be imposed.” The provision “In the Marmara Sea Hydrological Basin, including the Straits and Susurluk Basin, and in all of the provinces of Istanbul, Bursa and Kocaeli within this Basin, the fine in this subparagraph shall be doubled.” has been added. Considering that a large percentage of the environmental problems experienced throughout the country are caused by negligence and failure to provide adequate supervision, the provision of administrative fines and the increase in the number of protected basins is a pleasing development, although not sufficient, in order to prevent the economic concerns of facilities and companies from preventing their responsibilities towards the environment.
28 JUNE 2022 NOTARY LAW NUMBERED 1512
With the Law No. 7413 on the Amendment of the Law on Judges and Prosecutors and Certain Laws, it was regulated and enacted that title deed transactions can also be made through notaries public. According to Article 61/A titled immovable sale agreement added to the Law, immovable sale agreements can also be made by notaries. The General Directorate of Land Registry and Cadastre will share the title deed record samples with notaries through the land registry information system. Missing issues will be corrected by the land registry directorates. How notaries will perform these transactions is written in detail in the Law. No fee other than the notary fee will be charged for the transactions. Depending on the value of the immovable, no fee less than five hundred Turkish Liras and more than four thousand Turkish Liras will be charged. According to the amendment made in Article 162 of the Law, notaries are held responsible for the damages incurred during the immovable sale contract, and it is regulated that if this damage is covered by the State, the State will recourse to the notary. The lawsuits to be filed against the notary will be heard at the court where the land registry is located.
1 JANUARY 2023 LAW NO. 6563 ON THE REGULATION OF ELECTRONIC COMMERCE
This law, which will enter into force next year, aims to identify and prevent unfair commercial practices in the world of e-commerce. New concepts called electronic commerce intermediary service provider and electronic commerce service provider, electronic commerce marketplace and electronic commerce environment are included in this law. The situations considered as unfair commercial practices and the obligations of e-commerce intermediary service providers are specified in the law. Additional obligations are gradually imposed on e-commerce intermediary service providers with a transaction volume of more than 10, 30 and 60 billion liras, respectively. For e-commerce intermediary service providers with a net transaction volume of more than 10 billion liras in a calendar year and more than 100,000 transactions excluding cancellations and returns, the obligation to obtain a license from the Ministry or renew its license in order to continue these transactions will arise as of 2025. Necessary reference has been made to the Personal Data Protection Law No. 6698 on the protection of personal data by specifying how and on whom the responsibility for unlawful content will arise. Complaints and objections are open to judicial and administrative authorities, and the amount of administrative fines varies according to net transaction volumes and electronic commerce intermediary service providers.
