Consumer Rights in the Electronic Communications Sector – Turkey

Consumer Rights in the Electronic Communications Sector – Turkey

By-Law on Consumer Rights in the Electronic Communications Sector is published Turkish Official Gazette: 07/28/2010 – No. 27655
The purpose of By-Law on Consumer Rights in the Electronic Communications Sector is to define the procedures and principles for the protection of rights and interests of consumers who use electronic communications services.
This By-Law on Consumer Rights in the Electronic Communications Sector covers procedures and basic principles regarding the rights of consumers who use electronic communications services, obligations of operators and subscription contracts signed between consumers and operators.

Electronic communications

Electronic communications means The transmission, exchange and receiving of all kinds of signals, symbols, sounds, images and data which could be converted into electrical signals, by means of cable, radio, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other types of transmission systems.

Promotional tariffs

Promotional tariffs means A selling and marketing method of electronic communications services being provided by operator regarding submission for a specified period with special conditions including additional acts.

Personal data

Personal data means All information which is specific or determinable identity related with natural person or legal entities.

Premium rate services

Premium rate services means Chat, contest, fortune games and similar services, either prerecorded or not.

Consumer rights

Consumers who use electronic communications services shall have the rights depicted below;
a) Right to access services under the same terms and to obtain same opportunities with similar consumers without discrimination by paying fair prices while using services,
b) Right to make a subscription contract with the operators providing electronic communications services,
c) Right to demand being anonymous or not to be included in the publicly open directories for subscribers,
d) Right to use directory services free of charge and/or by paying price and right to be enrolled in subscriber directories without discrimination,
e) Right to obtain information about emergency call services and right to access these services free of charge,
f) Subscribers’ right to demand itemized bill,
g) Right to obtain information about the scope of services provided by operators,
h) Right to access clear, detailed and current information about tariffs and right to be informed before the tariffs go into effect for subscribers,
i) Subscribers’ right to abandon by a simple means or the method of application from all services within promotional tariffs, tariffs including premium rate services which are applied by short
message, call center, internet and similar methods,
j) Right to demand non-discriminatory practices among consumers who are under the same conditions in eliminating break downs except the cases related with health, fire, disaster, security
and emergency and institutions related with security,
k) Right to obtain adequate quality in services complying with international standards and standards defined by Authority,
l) Visually impaired subscribers’ right to demand subscription contracts and bills in a format which they can utilize,
m) Subscribers’ right to reject receiving unsolicited communications and messages,
n) Subscribers’ right to bring upper limits to their bills.

Özgür Eralp

(Lawyer – Advocate – Attorney At Law – Legal Adviser – Counselor at law)

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