The Information Technologies and Communication Authority ("BTK") with the Board Decision dated September 5, 2023 approved, accepted, and decided the "Procedures and Principles for Confirmation Procedures Prior to Individual New Subscription Establishment for Internet/TV and Fixed Telephone Services" ("Procedures and Principles") to be publishedin the Official Gazette.
The Procedures and Principles will enter into force upon 6 (six) months after it gets published the Official Gazette and has not been published in the Official Gazette yet.
Under the scope of the Procedures and Principles, the service provider's obligation in relation to obtaining consumer confirmation before the establishment of a new individual subscription agreement regarding the internet/TV and, if any, fixed telephone services provided within the scope of the relevant authorisation, whether the consumer has been called or sent a text message for marketing and promotional purposes from any number for the internet or TV service to be offered by the service provider has been regulated.
Within this scope, should there be a failure to initiate a confirmation call, an absence of response to said call, a lack of information provision as stipulated in the confirmation call, or lack of consumer confirmation, the procedure for establishing a new individual subscription agreement shall not be initiated.
In all transactions made within the scope of these Procedures and Principles, the burden of proof in all transactions shall rest upon the service provider, who is the contracting party in the new individual subscription agreement.
BTK referred to the "Regulation on Administrative Sanctions of the Information and Communication Technologies Authority" ("Regulation") for the sanction to be imposed on the service providers in case of failure to fulfil these obligations.
The Regulation stipulates that an administrative fine in an amount of one (1% )to three (3%) per cent of the net sales in the previous calendar year may be imposed on the service providers for violations of consumer rights.
The full text of the Procedures and Principles is available at the link below.
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.
