The Regulation on Consumer Rights Regarding Electronic Communications Sector (“Regulation”) was published in the Official Gazette on 28 October 2017.
Purpose and Scope
The Regulation is prepared based upon the Law on Electronic Communication Law Nr 5809 (“Law”).
The purpose of the Regulation is to determine the procedures and principles related to protecting the rights and interests of the consumers in electronic communications sector. Consumer rights in electronic communications sector and liabilities of the operators are included within the scope of this Regulation.
Consumer Rights/Transparency and Information
The minimum rights of the consumers who utilizes from the electronic communication service are indicated in the Regulation. The operators are obliged to inform consumers without having any demand and they are also obligated to ensure the information is easily accessible.
While the subscription agreements are contracted, personal preferences are taken by the subscriber whether to include personal data on the guidance registry of the operator.
Implementation of the Subscription Agreements
Service charges can be reflected to the consumers only upon they are actually provided with the relevant services. Operators can not reflect the charges regarding services, which are requested or accepted by the subscribers.
Unfair Terms in the Subscription Agreements and Interpretation of the Agreement
The provisions, which are imposed ex parte into subscription agreements, undertakings or campaigns without being negotiated with subscribers, in defiance of good faith and in violation of subscribers’ interests shall be deemed null and void. Provisions in these agreements, which are not clearly and explicitly stipulated or which possess more than one meaning, shall be interpreted in favor of the consumer.
OBLIGATIONS OF THE OPERATORS
Tariff and Campaigns
In the event it is determined that a single consumer is damaged due to the performance of the obligations within a campaign, the operator shall relief all consumers who are beneficiary of the same campaign and affected similarly.
During the subscription period in a registered subscription, the conditions of the undertaking cannot be amended against the customers’ interests. Compulsory elements in the undertaking are determined as numerous clauses.
PRINCIPLES REGARDING INVOICING
Obligation to Send an Invoice
In the event the invoice or invoice data is being sent by the operators via e-mail or text message, such delivery shall be free of charge and shall be delivered to the consumer at least seven days before the payment deadline.
The Termination Procedure of Subscription Agreements and Results of Termination
Subscribers can anytime terminate the subscription agreements without any costs and charges. The operators shall inform the subscribers within the 24 hours period starting from the moment the notice of termination is done and stop invoicing for their services.
Administrative Fines and Other Sanctions
Operators which do not act in compliance with this Regulation shall be subject to administrative sanctions as provided in the relevant regulation of the Information Technologies and Communications Authority.
The provision of the Regulation concerning the establishment and content of the subscription agreements and the provision concerning the delivery of a copy of subscription agreement to the consumer shall enter into force on the publication date. Other provisions of the Regulation shall enter into force six (6) months from its publication date.