Turkey's Information and Communication Technologies
Authority ("Authority") has received new powers to
suspend Service Providers' authorizations, audit information,
as well as require companies meet minimum capital thresholds to
operate in the electronic communications sector. Turkey has also
introduced new obligations for electronic communication Service
Providers regarding permissions and notifications for share
transfers, as well as data retention periods.
The Regulation Amending the Regulation of Authorization in
Electronic Communications Sector ("Amendment Regulation")
was published in Official Gazette number 29739 on 11 June 2016.
New powers for the Authority
The Amendment Regulation grants the Authority these new
The Authority can now suspend Service Providers'
authorization for a limited or unlimited time period, or operate
the network directly, if this is necessary due to war, full
mobilization (or similar), public security, or national
The Authority can now inspect companies to authenticate
application information or documents (except official
The Authority can set a capital sub-limit which companies must
meet to operate in the electronic communications sector.
New requirements for electronic communication Service
The Amendment Regulation introduces these new requirements for
Companies which provide electronic communication services must
store data and traffic information for two years. Other data
(including user information) should be kept for the durations
required in related laws and regulations.
For share transactions:
Transferring 10% shares or more: Authority's permission is
Transferring less than 10% shares: Companies must notify
the Authority within two months after the transaction.
To become an authorized Service Provider, applicants must be
Companies must provide sales, maintenance and repairs, and
consultancy services in accordance with their operations and
services under the authorization.
Please see this link for the full text of the
Amendment Regulation (only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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