Turkey: Introducing a New Regulation on Internet Mass Use Providers

Turkiye

Purpose and scope of the Regulation

The Regulation on Internet Mass Use Providers (“Regulation”) sets forth obligations, liabilities and auditing of internet mass use providers.

As per the Regulation, “Internet Mass Use Provider” (“Provider”) means real persons or legal entities providing the opportunity to the public to use the internet for a pre-determined place and period. There is a distinction if the Provider is a commercial entity (real or legal person) (“Offering Provider”) who is solely providing internet use service in his working space or similar places for a certain fee.

Obligations of the Providers

Both the Provider and Offering Provider must keep access logs and store them electronically on their systems for two (2) years. Further, they shall take required measures that are stipulated by the Regulation, in order to ban access to content, which constitutes a crime.

Access logs contain IP addresses, log in and log off time as well as the media access control address of the device.

Effective Date of the Regulation

The Regulation was published in the Official Gazette and entered into force on 11 April 2017. The Regulation was enacted on grounds of the Law on regulation of broadcasts via internet and prevention of crimes committed through such broadcasts, with the number 5651.